Admissibility of Evidence in UK Law

Leading Cases
  • O'Brien v Chief Constable of South Wales Police
    • House of Lords
    • 28 Abr 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.

  • Rush & Tompkins Ltd v Greater London Council
    • House of Lords
    • 03 Nov 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.

    I regard this as an exceptional case and it should not be allowed to whittle down the protection given to the parties to speak freely about all issues in the litigation both factual and legal when seeking compromise and, for the purpose of establishing a basis of compromise, admitting certain facts.

  • R v Kilbourne
    • House of Lords
    • 31 Ene 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.

  • R v Weir (Antony Albert) and Others
    • Court of Appeal (Criminal Division)
    • 11 Nov 2005

    However, once it is decided that evidence of the appellant's sexual relationship with B did not amount to "evidence of bad character", the abolition of the common law rules governing the admissibility of "evidence of bad character" by section 99(1) did not apply. It was capable of demonstrating a sexual interest in early or mid-teenage girls, much younger than the appellant, and therefore bore on the truth of his case of a purely supportive, asexual interest in A.

  • Peter Cadder Appellant
    • Supreme Court (Scotland)
    • 26 Oct 2010

    Moreover, the court finds, 49 EHRR 421, 437, para 55, that, for the right to a fair trial to remain sufficiently "practical and effective", article 6(1) requires that, as a rule ("en règle générale"), access to a lawyer "should be provided as from the first interrogation of a suspect by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right."

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Legislation
  • Civil Evidence Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ... . . Civil Evidence Act 1995 1995 CHAPTER 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 ......
  • Civil Evidence Act 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ......contained in, or in an instrument made under, this or any other. Act, including any Act passed after this Act. S-2 . Admissibility of out-of-court statements as evidence of facts stated. 2 Admissibility of out-of-court statements as evidence of facts stated. . (1) In any ......
  • European Communities Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
    ......admissible as evidence of any instrument or other act thereby. communicated of any of the ...) In section 22(2) of the   Trade Descriptions Act 1968 . (admissibility of evidence of analysis where offence is one under both. that Act and food ......
  • Criminal Justice Act 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ......follows:— . 1 . Amendments of Police and Criminal Evidence Act 1984 Part 1 . Amendments of Police and Criminal Evidence Act 1984 . ...admissibility of evidence or an abuse of process) which he wishes to. take, and any ......
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Books & Journal Articles
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Law Firm Commentaries
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