A claimant in a High Court commercial dispute seeks to rely on an email chain as evidence of the defendant's instructions to a third-party supplier. The email chain consists of: (1) an email from the defendant's purchasing director to the supplier requesting specific goods; (2) the supplier's reply confirming receipt and providing a delivery estimate; and (3) a subsequent email from the supplier's warehouse manager to the purchasing director stating 'our sales representative told me you needed urgent delivery'. The defendant objects to the admissibility of the third email on hearsay grounds. The claimant argues that the entire chain is admissible as business records under the Civil Evidence Act 1995. No hearsay notice was served, and the trial is in three weeks. Which of the following best describes the admissibility of the evidence?
Practise this SQE1 Solicitors Exam Prep question free, then download the PDF, watch the video walkthrough, or unlock timed mock exams for the full web bank.
AThe entire email chain is admissible as business records, and no hearsay notice is required for documents created in the ordinary course of business.
BThe third email contains inadmissible multiple hearsay; the claimant must serve a hearsay notice to rely on it.
CAll three emails are admissible as they form a continuous communication chain between parties involved in the transaction at issue.
DThe first two emails are admissible as original evidence, but the third is automatically excluded without a hearsay application to the court.
✓ Correct answer: B. The third email contains inadmissible multiple hearsay; the claimant must serve a hearsay notice to rely on it.The third email contains multiple hearsay (what the sales representative told the warehouse manager) and is not automatically admissible as a business record. While emails (1) and (2) may qualify as direct communications or business records, the third email reports a statement made by another person not party to the email. The claimant must serve a hearsay notice under CPR 33.2 to rely on hearsay evidence, though the court has discretion to admit evidence despite late or non-service. The business records exception under section 1 Civil Evidence Act 1995 does not automatically render all documents in a chain admissible when they contain statements made outside the business record itself. The other options incorrectly assume blanket admissibility of business records or overstate the automatic application of exceptions.
Keep practising. Use the free SQE1 Solicitors Exam Prep PDF, watch the YouTube walkthrough, or unlock all 10 web questions with timed mock exams.
Free practice here. Timed mocks when you are ready.
Study the SQE1 Solicitors Exam Prep free question explanations, download the PDF, then unlock timed mock exams on the web when you want exam-day practice.
Theory