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provides for two exceptions to the hearsay rule in civil proceedings where the maker of the specified "first-hand" hearsay representation is available to give evidence. Firstly, where it would cause undue expense or undue delay or it would not be reasonably practicable to call the maker of the representation to give evidence, oral evidence of the representation may be given by a person who witnessed it. Secondly, a document containing the representation, or any other representation reasonably necessary to understand it, may be admitted. The clause does not require that the occurrence of the asserted fact be fresh in the memory of the person who made the representation at the time that the representation is made. The 2005 LRCs' Report found that in practice, the requirement of freshness in memory is not an important indicator of evidentiary reliability (recommendation 8-1).