7 Evidence I
James J. Fawcett
- Burden of proof — Admissibility — Witnesses — Issue and cause of action estoppel — Promissory estoppel — Scope of the law applicable under the Rome II Regulation — Rome I Regulation and choice of law — Overriding mandatory rules
7.01 The law of evidence is another area which has long been considered to fall exclusively within the realm of procedure and so is governed by the law of the forum.1 Yet more recent developments arguably suggest a move towards greater flexibility in terms of choice of law in evidence, at least in respect of specific issues. Such movement is likely to increase with the advent of EU instruments such as the Rome I and Rome II Regulations on the applicable law in contractual and non-contractual obligations respectively, which have removed more matters from the scope...