The Civil Law and Criminal Law (Miscellaneous Provisions) Act
2020 (the "Act") was recently passed by the Dáil
to deal with a number of practical issues arising as a result of
the COVID-19 pandemic. The Act introduces a variety of reforms in
both civil and criminal law, including provision for remote
hearings and electronic filings. Of particular interest for
creditors in summary proceedings, is the introduction of a new
statutory exception to the rule against hearsay which now allows
for the admission of business records as evidence in civil
proceedings in certain circumstances.
The rule against hearsay and the judgment in Burns
The law of evidence concerning hearsay refers to any testimony
given by a witness about words spoken or a document generated out
of court by another person who is not produced in court as a
witness, where the testimony is presented to prove the truth of
what is asserted in the words or document involved. This
clearly covers an
