Evidence that merely proves or strongly supports an opponent's case is not 'unfairly prejudicial' within s 135 of the Evidence Act 1995; the prejudice must involve a real risk that the evidence will be misused by the jury in some unfair way. Case management principles cannot be used to shut a party out from litigating arguable issues already raised in the pleadings. In defamation, a plaintiff may always assert the falsity of the matter complained of to 'nail the lie' without giving particulars; particulars are required only if the plaintiff claims increased injury to feelings by reason of the falsity (aggravated damages).
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