Adverse Inference in UK Law

Leading Cases
  • South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
    • House of Lords
    • 01 July 2004

  • R v Saqib Jabber
    • Court of Appeal (Criminal Division)
    • 28 September 2006

  • Jaffray and Others v Society of Lloyd's
    • Court of Appeal (Civil Division)
    • 26 July 2002

    This does not mean that any allegation that the names make against Mr Randall must be accepted because he did not give evidence. It simply means that where the evidence points in a certain direction an adverse inference can be drawn from a failure to call the witness to deal with it.

  • R v Chenia (Shokat)
    • Court of Appeal (Criminal Division)
    • 01 November 2002

    53. It would in our view have been desirable for the judge to include a direction of the kind suggested, namely that no question of drawing an adverse inference could arise unless the jury were sure that there was a case to answer. However, we do not think that this trial could possibly be held to be unfair or the conviction unsafe on that ground. That is because no jury could possibly have concluded that there was no case to answer on the facts.

  • R v Cowan
    • Court of Appeal (Criminal Division)
    • 12 October 1995

    We accept that apart from the mandatory exceptions in section 35(1), it will be open to a court to decline to draw an adverse inference from silence at trial and for a judge to direct or advise a jury against drawing such inference if the circumstances of the case justify such a course. But in our view there would need either to be some evidential basis for doing so or some exceptional factors in the case making that a fair course to take.

  • R v Commissioners of Inland Revenue, ex parte T.C. Coombs & Company
    • House of Lords
    • 14 February 1991

  • R v McGarry
    • Court of Appeal (Criminal Division)
    • 16 July 1998

    The conclusion we have reached is that, in those cases where the judge has ruled that there is no evidence on which a jury could properly conclude that the defendant had failed to mention any fact relied on in his defence, and that therefore no question arises of leaving the possibility of drawing inferences to the jury, he should specifically direct them that they should not draw any adverse inference from the defendant's silence.

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Legislation
  • The Education Tribunal for Wales Regulations 2021
    • Wales
    • January 01, 2021
    ... ... (2) The President, or the tribunal panel, may draw such adverse inferences as they think fit from a party’s failure to comply with any ... ) Where the President or the tribunal panel has drawn an adverse inference under paragraph (2) , they may direct the Secretary of the Tribunal to ... ...
  • Disability Discrimination Act 1995
    • UK Non-devolved
    • January 01, 1995
    ... ... or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities ... (2) ... the respondent's reply is evasive or equivocal,it may draw any inference which it considers it just and equitable to draw, including an inference ... ...
  • Police and Criminal Evidence Act 1984
    • UK Non-devolved
    • January 01, 1984
    ... ... was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to ... regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement ... ...
  • The Fair Dealing Obligations (Milk) Regulations 2024
    • UK Non-devolved
    • January 01, 2024
    ... ... (i) may cause the Secretary of State to draw an adverse inference against the person in respect of the complaint; or ... (ii) ... ...
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Books & Journal Articles
  • ‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?
    • No. 75-5, September 2012
    • The Modern Law Review
    This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assist...
    ... ... , the r emoval of the corroboration requirement, the r ejection of adverse inference provisions, and a change in the manner in which the appeal ... ...
  • Talking to the enemy: Explaining the emergence of peace talks in interstate war
    • No. 35-3, July 2023
    • Journal of Theoretical Politics
    • 0000
    Why are some states open to talking while fighting while others are not? We argue that a state considering opening negotiations is concerned not only with the adverse inference that the opposing st...
    ... ... opening negotiations is concerned not only with the adverse inference that the oppos-ing state will draw, but also the actions that ... ...
  • Talking to the enemy: Explaining the emergence of peace talks in interstate war
    • No. 35-3, July 2023
    • Journal of Theoretical Politics
    • 0000
    Why are some states open to talking while fighting while others are not? We argue that a state considering opening negotiations is concerned not only with the adverse inference that the opposing st...
    ... ... opening negotiations is concerned not only with the adverse inference that the oppos-ing state will draw, but also the actions that ... ...
  • Ireland: Curtailment of the right to silence through statutory adverse inferences
    • No. 12-3, September 2021
    • New Journal of European Criminal Law
    • 0000
    In Ireland, the right to silence has been significantly impacted by the legislative introduction of adverse inference provisions. In specified circumstances, with varying threshold requirements, a ...
    ... ... City University, IrelandAbstractIn Ireland, the right to silence has been signicantly impacted by the legislative introduction ofadverse inference provisions. In specied circumstances, with varying threshold requirements,a suspects failure to answer questions or provide information during Garda ... ...
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Law Firm Commentaries
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