In a non-jury trial, a trial judge must admit evidence that may go to a matter in issue and rule on its effect at the conclusion of the case, rather than rejecting it on the basis that there is no evidence of the relevant matter at that point in time. Where one party is permitted to cross-examine on an issue, procedural fairness requires that the other party be permitted to lead evidence and re-examine on the same issue. A company director cannot give evidence as to the effect of documentary records without relevant expertise such as accountancy. A trial judge must give reasons for the assessment of damages.
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