1.

(1) In civil proceedings evidence shall not be excluded on the grounds that it is hearsay.

(2) In this Act -

(a) "Hearsay" means a statement otherwise than by a person while giving oral evidence in the proceedings which is intended as evidence of the matters stated; and

(b) references to hearsay include hearsay of whatever degree.

(3) Nothing in this Act affects the admissibility of evidence admissible apart from this section.

(4) The provisions of sections 2 to 6 (safeguards and supplementary provisions relating to hearsay evidence) do not apply in relation to hearsay evidence admissible apart from this section, notwithstanding that it may also be admissible by virtue of this section.

2.

(1) A person proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of this section, give to the other party or parties to the proceedings -

(a) such notice (if any) of that fact, and

(b) on request, such particulars of or relating to the evidence,

as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matter arising from it being hearsay.

(2) Provisions may be made by rules of court

(a) .....

(b) as to the manner in which (including the time within which) the duties imposed by [subsection (1)] are to be complied with .....

(4) A failure to comply with subsection (1), or with rules under subsection (2) (b), does not affect the admissibility of the evidence, but maybe taken into account by the court -

(a) ....

(b) as a matter adversely affecting the weight to be given to the evidence in accordance with section 4.

3. Rules of Court may provide that where a party to civil proceedings adduces hearsay evidence of a statement made by a person and does not call that person as a witness, any other party to the proceedings may, with the leave of the court, call that person as a witness and cross-examine him on the statement as if he had been called by the first mentioned party and as if the hearsay statement were his evidence in chief.

4.

(1) In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.

(2) Regard may be had, in particular, to the following -

(a) whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;

(b) whether the original statement was made contemporaneously with the occurrence or existence of the matter stated;

(c) whether the evidence involves multiple hearsay;

(d) whether any person involved had any motive to conceal or misrepresent matters;

(e) whether the original statement was an edited account, or was made in collaboration with another for a particular purpose;

(f) whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight.

5.

(1) Hearsay evidence shall not be admitted in civil proceeding if or to the extent that it is shown to consist of, or to be proved by means of, a statement made by a person who at the time he made the statement was not competent as a witness.