Adverse Inference in UK Law
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South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
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R v Saqib Jabber
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Jaffray and Others v Society of Lloyd's
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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.
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R v Chenia (Shokat)
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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.
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R v Cowan
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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.
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R v Commissioners of Inland Revenue, ex parte T.C. Coombs & Company
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R v McGarry
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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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The Education Tribunal for Wales Regulations 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 ... ...
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Disability Discrimination Act 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 ... ...
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Police and Criminal Evidence Act 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 ... ...
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The Fair Dealing Obligations (Milk) Regulations 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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‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?
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 ... ...
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Talking to the enemy: Explaining the emergence of peace talks in interstate war
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 ... ...
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Talking to the enemy: Explaining the emergence of peace talks in interstate war
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 ... ...
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Ireland: Curtailment of the right to silence through statutory adverse inferences
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 ... ...
- Drawing An Adverse Inference From Absent Witnesses - Useful Judicial Guidance
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Regulatory Hearings No Right To Remain Silent?
... ... can do so safe in the knowledge that the panel cannot draw any adverse inferences - until now. The recent decision of the High Court in R ... The GMC submitted that the tribunal could draw an adverse inference from his failure to give evidence, particularly in relation to the ... ...
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Practical Observations About The Burden And Standard Of Proof ' Post Kuzmin
... ... adverse inference. In other words, the Panel may say - ... 'If there were an ... ...
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HRizon Employment Law Newsletter - August 2021
... ... tribunal may draw adverse inferences from the absence of a ... potential witness ... The worker (E) ... In deciding whether to draw an adverse ... inference from the absence of a witness, relevant considerations ... will include ... ...