Adverse Inference in UK Law

  • Bahl v The Law Society and Others
    • Court of Appeal (Civil Division)
    • 30 July 2004
    ... ... be at liberty to speak frankly and openly and would suffer no adverse career consequences. Despite the clear obligation on the Law Society under ... Betts' evidence wanting it drew the inference "that an effective cause of her treatment of Kamlesh Bahl was on both ... ...
  • R v Cowan
    • Court of Appeal (Criminal Division)
    • 12 October 1995
    ... ... By permitting a court or jury to draw an adverse inference should the defendant remain silent at trial, it is submitted ... ...
  • South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
    • House of Lords
    • 01 July 2004
    ... ... , but only the main issues in dispute, the scope for drawing any inference [the inference suggested being 'that the decision-maker has not fully ... But such adverse inference will not readily be drawn. The reasons need refer only to the ... ...
  • R v Commissioners of Inland Revenue, ex parte T.C. Coombs & Company
    • House of Lords
    • 14 February 1991
    ... ... Indeed, even without the support of any inference from the failure to give reasons, it states facts which cannot be ... justified by the duty of confidentiality and stated that, while no adverse inference adding weight to the applicants' case should be drawn from ... ...
  • Glasgow City Council v Zafar (No.2)
    • House of Lords
    • 27 November 1997
    ... ... explanation is offered, the Industrial Tribunal should draw an inference of race discrimination. [It is certainly true that the case of King v ... circumstances, the Tribunal has no choice but to draw an inference adverse to the respondents and find that the applicant has been discriminated ... ...
  • Hyam v DPP
    • House of Lords
    • 21 March 1974
    ... ... material which entitles or compels a jury to draw the necessary inference as to intention. But what is that intention? It is acknowledged that ... the jury may and, on occasion, must use as the basis on which an adverse inference is drawn as to the intention of the killer. Not unnaturally ... ...
  • Dover District Council v CPRE Kent
    • Supreme Court
    • 06 December 2017
    ... ... main measures to avoid, reduce and, if possible, offset the major adverse effects of the development; and (iv) information regarding the ... But such adverse inference will not readily be drawn. The reasons need refer only to the main issues ... ...
  • Poly Peck International Plc v Nadir and Others
    • Court of Appeal (Civil Division)
    • 17 March 1993
    ... ... The test is not satisfied by the inference of no more than curiosity.It is important in this regard to bear in mind ... Well before judgment, if there were any likelihood of its being an adverse one, I think it likely that the Central Bank would have looked for a safer ... ...
  • Owners of SS. "Hontestroom" v Owners of SS. "Sagaporack."
    • House of Lords
    • 20 July 1926
    ... ... , listening to what they say without any previous preparation of an adverse kind, free from the prepossessions, which an opening by counsel occasions, ... As matter of inference against her it is also said, that her engines were going astern for two to ... ...
  • Philip Harry Wisniewski and Another v Central Manchester Health Authority
    • Court of Appeal (Civil Division)
    • 01 April 1998
    ... ... to England to give evidence at the trial, a matter which evoked adverse comment from the judge to which I will refer in due course. For the events ... In my judgment this is an inference that I can and should draw; there was no legitimate reason put forward by ... ...
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