CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 (2) Subject to subsection (3), in determining whether or not any fact in issue in civil proceedings has been proved, the court shall give such weight to any admission proved to have been made in respect of that fact as the court considers appropriate, bearing in mind the circumstances and manner in which the admission was made. (3) It shall not be necessary for any party to civil proceedings to prove any fact admitted on the record of the proceedings. (4) It shall not be competent for any party to civil proceedings to disprove any fact admitted by him on the record of the proceedings: Provided that this subsection shall not prevent any such admission being withdrawn with leave of the court, in which event the fact that the admission was made may be proved in evidence and the court may give such weight to the admission as the court considers appropriate, bearing in mind the circumstances in which it was made and withdrawn. 37 Evidence admissible by agreement Any evidence of any nature whatsoever shall be admissible if all the parties to the civil proceedings concerned agree to its admission: Provided that this section shall not limit the power of the court, whether in terms of this Act or otherwise, to exclude any evidence. 38 Video and audio tapes and similar material (1) In this section— “recording material” means any magnetic tape or wire, disc or similar article or material on or by means of which sounds or sounds and pictures may be recorded. (2) Recording material shall be admissible as evidence of the things recorded thereon. (3) In estimating the weight, if any, to be given to anything recorded on recording material, a court shall have regard to all the circumstances affecting its accuracy or otherwise and, in particular, to— (a) whether or not the recording has been or may have been edited or interfered with in any way and, if it has, whether the editing or interference has materially affected its accuracy or authenticity; (b) whether or not the recording is original or a copy and, if it is a copy— (i) the reason why the original recording has not been tendered in evidence; and (ii) whether or not the copy may safely be relied on; (c) any independent evidence which may verify the things recorded on the recording material. PART VIII BOOKS AND DOCUMENTS OF FINANCIAL INSTITUTIONS 39 Interpretation in Part VIII In this Part— — 22 —