The role of evidence in litigation

July 27, 2023

The role of evidence in litigation

Evidence plays a crucial role in the litigation process, serving as the cornerstone on which legal cases are built and decided.

This blog will discuss the different types of evidence in court.

Understanding evidence in litigation

Evidence in litigation refers to the information presented in legal proceedings to establish findings of fact. It forms a basis for decision-making by the court, together with an analysis of the relevant legal principles. The quality, type, and presentation of evidence can significantly impact the outcome of a lawsuit.

Types of legal evidence

There are several different types of evidence used in the courts of England and Wales.

  1. Witness Testimony: This is evidence given by individuals who can provide firsthand information relevant to the case. It’s one of the most common types of evidence in court.
  2. Physical Evidence: This will usually refer to tangible items or material objects that are directly related to the incident or dispute. It could include anything from documents, to DNA samples.
  3. Hearsay Evidence: Hearsay evidence refers to a written or oral statement by someone who is not giving their own first-hand evidence in proceedings.

In some jurisdictions, hearsay evidence is excluded, but there are some exceptions under the laws of England and Wales. The rules on this are more relaxed for civil cases than for criminal proceedings.

  1. Expert witness evidence: This is evidence provided by someone who is a recognised specialist in a specific field, giving their opinion on matters within their expertise. This can be highly influential in complex cases where technical or scientific knowledge is needed.

Importance of evidence in a lawsuit

Evidence is vital for several reasons. It helps to:

– Prove or disprove a case: The quality and quantity of evidence presented can tilt the balance of the court’s decision in one’s favour.

– Establish the truth: Evidence helps to uncover facts and determine what truly transpired.

– Uphold fairness and justice: By allowing parties to present their evidence, the legal system ensures a fair trial.

How litigation funding can help

Gathering evidence can be a big expense that comes early on during the litigation; and the cost of obtaining expert witness reports, for example, can be significant. Litigation funding can enable a claimant to meet these costs and obtain the evidence necessary to build a strong case.


Understanding what the different types of evidence are, and the role that evidence plays in litigation, is a crucial aspect of bringing a successful claim.

At Sentry Funding, we are committed to providing litigation funding support to claimants, ensuring that the necessary resources are available for the effective gathering and presentation of evidence in their legal cases. As you journey through the litigation process, we stand by you and your law firm, supporting your pursuit of justice.

July 27, 2023