What is the standard of proof?Ģ2.4 The overall legal process of proof in court requires a combination of facts and arguments to prove cases. These facts are proven by the evidence, usually by testimony evidence (calling witnesses to testify) but also by documentary evidence (evidence contained in a document) and real evidence (which is derived from the physical nature of an object or place and observed upon an examination or visit).
The law establishes which facts have to be proven in any given case, by whom and to what standard of proof. What is factual evidence?Ģ2.3 The Court’s powers to exercise legal sanctions and to apply legal rules depend on the proof of particular facts. The GDPR is therefore not a barrier to giving evidence in the course of court proceedings.
The processing of special category data (previously known as sensitive personal data) is also permitted if it is necessary for the establishment, exercise or defence of legal claims or whenever a court is acting in its judicial capacity. Veterinary surgeons and veterinary nurses may feel awkward about giving evidence ‘against’ a colleague or client, but this is to misunderstand the essential role of a witness: to assist a court’s determination of the facts and issues.Ģ2.2 The GDPR permits the processing of personal data where it is necessary for compliance with a legal obligation or for the purpose of a legitimate interest (except where the interests or fundamental rights and freedoms of the relevant individual override this).
Advantages of being an expert witness over a lay witness professional#
The aim of this guidance is to explain to veterinary surgeons and veterinary nurses the differences between factual and opinion evidence and the responsibilities associated with acting as either a factual, professional or expert witness. 22.1 Witnesses are an essential part of the legal process, providing factual or opinion evidence.
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