Admissibility of Evidence in UK Law

Leading Cases
  • Mood Music Publishing Company Ltd v De Wolfe Ltd
    • Court of Appeal (Civil Division)
    • 28 Octubre 1975

    In civil cases the Courts have followed a similar line but have not been so chary of admitting it. In civil cases the Courts will admit evidence of similar facts if it is logically probative, that is, if it is logically relevant in determining the matter which is in issue: provided that it is not oppressive or unfair to the other side: and also that the other side has fair notice of it and is able to deal with it.

  • R v Boardman
    • House of Lords
    • 13 Noviembre 1974

    The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.

  • Rush & Tompkins Ltd v Greater London Council
    • House of Lords
    • 03 Noviembre 1988

    The "without prejudice rule" is a rule governing the admissibility of evidence and is founded upon the public policy of encouraging litigants to settle their differences rather than litigate them to a finish. It is nowhere more clearly expressed than in the judgment of Oliver L.J. in Cutts v. Head [1984] Ch. 290, 306:

    The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.

  • O'Brien v Chief Constable of South Wales Police
    • House of Lords
    • 28 Abril 2005

    And if those engaged in the recent event had in the past been involved in events of an apparently similar character, attention would be paid to those earlier events as perhaps throwing light on and helping to explain the event which is the subject of the current enquiry. To regard evidence of such earlier events as potentially probative is a process of thought which an entirely rational, objective and fair-minded person might, depending on the facts, follow.

  • Burstein v Times Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 28 Noviembre 2002

    It is also in accordance with the overriding objective that evidence should be properly confined, both in its subject matter and its duration, to that which is directly relevant to the subject matter of the publication. Thus under the Civil Procedure Rules, the court now has ample power to deal justly with the problems which, in the main, gave rise to the first and third limbs of the decision in Scott v. Sampson.

  • R v Kilbourne
    • House of Lords
    • 31 Enero 1973

    Evidence is relevant if it is logically probative or disprobative of some matter which requires proof. It is sufficient to say, even at the risk of etymological tautology, that relevant (i.e., logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable. Evidence is admissible if it may be lawfully adduced at a trial.

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Legislation
  • Parliamentary Elections Act 1868
    • UK Non-devolved
    • 1 de Enero de 1868
    ... ... Petition that any Question or Questions of Law as to the Admissibility of Evidence or otherwise require further Consideration by the Court of ... ...
  • Civil Evidence Act 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ... ... 30), s. 1(1); amended by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), s. 21 ... 2: Admissibility of out-of-court statements as evidence of facts stated ... (1) In any civil proceedings a statement made, whether orally or in a document or ... ...
  • Civil Evidence Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ...Civil Evidence Act 1995 ... Civil Evidence Act 1995 ... Civil Evidence Act 19951995 c. 38 An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings; and ... ...
  • Sheriff Courts (Scotland) Act 1907
    • UK Non-devolved
    • 1 de Enero de 1907
    ... ... by him, and at that or any subsequent diet (without record of evidence unless the F72sheriff principal shall order a record) shall summarily ... of this rule and to all questions of relevancy and admissibility, evidence taken on commission under rule 28.11 or 28.12 may be used as ... ...
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Books & Journal Articles
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Law Firm Commentaries
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