Conclusive Evidence in UK Law

Leading Cases
  • R (M and another) v Lambeth London Borough Council and another
    • Supreme Court
    • 26 Nov 2009

    But the question whether a person is a "child" is a different kind of question. There is a right or a wrong answer. It may be difficult to determine what that answer is. The decision-makers may have to do their best on the basis of less than perfect or conclusive evidence. But that is true of many questions of fact which regularly come before the courts. That does not prevent them from being questions for the courts rather than for other kinds of decision makers.

  • Powell v Streatham Manor Nursing Home
    • House of Lords
    • 28 Feb 1935

    But where the evidence is conflicting and the issue is one of fact depending on oral evidence, any Judge who has had experience of trying cases with witnesses cannot fail to realise the truth of what Lord Sumner says: as the evidence proceeds through examination, cross-examination and re-examination the Judge is gradually imbibing almost instinctively, but in fact as a result of close attention and of long experience, an impression of the personality of the witness and of his trustworthiness and of the accuracy of his observation and memory or the reverse.

  • Suffolk County Council v Mason
    • House of Lords
    • 29 Mar 1979

    The entry on the definitive map does not necessarily remain conclusive evidence for ever. Section 33 makes provision for quinquennial revisions—though these do not appear in practice to have been carried out punctually. On a revision, entries on the definitive map which require modification as a result of events that have occurred since the date of the last revision may be modified accordingly.

  • Springwell Navigation Corporation (A Body Corporate) v (1) Jp Morgan Chase Bank (A Body Corporate) (Formerly Known as the Chase Manhattan Bank) (2) Jp Morgan Europe Ltd (Formerly Known as Chase Manhattan International Ltd) and Others
    • Court of Appeal (Civil Division)
    • 01 Nov 2010

    Unless Lowe v Lombank is authority to the contrary, there is no legal principle that states that parties cannot agree to assume that a certain state of affairs is the case at the time the contract is concluded or has been so in the past, even if that is not the case, so that the contract is made upon the basis that the present or past facts are as stated and agreed by the parties.

  • Lister v Romford Ice and Cold Storage Company Ltd
    • House of Lords
    • 20 Dec 1956

    Just as the duty of care, rightly regarded as a contractual obligation, is imposed on the servant, or the duty not to disclose confidential information (see Robb v. Green [1895] 2 Q.B. 315), or the duty not to betray secret processes (see Amber Size and Chemical Company, Limited v. Menzel [1913] 2 Ch. 239), just as the duty is imposed on the master not to require his servant to do any illegal act, just so the question must be asked and answered whether in the world in which we live today it is a necessary condition of the relation of master and man that the master should, to use a broad colloquialism, look after the whole matter of insurance.

  • R (on the application of Unison) v Lord Chancellor
    • Supreme Court
    • 26 Jul 2017

    In order for the fees to be lawful, they have to be set at a level that everyone can afford, taking into account the availability of full or partial remission. The evidence now before the court, considered realistically and as a whole, leads to the conclusion that that requirement is not met.

  • Hunter and Others v Chief Constable of West Midlands
    • Court of Appeal (Civil Division)
    • 17 Jan 1980

    On an appeal (which is a re-hearing) we have said that the fresh evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive, see Ladd v. Marshall (1954) 1 Weekly Law Reports at page 1491 and Skone v. Skone (1971) 1 Weekly Law Reports at page 815. But in order to avoid the effect of an estoppel (when there is no re-hearing) the fresh evidence must, I think, be decisive.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... data for the purpose of safeguarding national security is conclusive evidence of that fact. . (2) A certificate under subsection (1)— . ......
  • Bills of Lading Act 1855
    • UK Non-devolved
    • January 01, 1855
    ......S-III. Bill of Lading in Hands of Consignee, &c. conclusive Evidence of Shipment as against Master, &c.III Bill of Lading in Hands of ......
  • Companies Act 1862
    • UK Non-devolved
    • January 01, 1862
    ...... Incorporation of any Company given by the Registrar shall be conclusive Evidence that all the Requisitions of this Act in respect of Registration ......
  • Taking of Hostages Act 1982
    • UK Non-devolved
    • January 01, 1982
    ......shall, in any proceedings under this Act, be conclusive. evidence of that fact. (3) The Convention mentioned in subsections (1). ......
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Books & Journal Articles
  • The Impact of Labor Force Attachment on Political Participation
    • Nbr. 6-3, July 1985
    • International Political Science Review / Revue internationale de science politique
    Labor force attachment is currently seen as a major factor in increasing political participation of women. This article critically examines the data and methods of studies that have postulated a ca...
    ...... participation and argues that at present there is no conclusive evidence of such a rela- tionship. It then proposes three ......
  • Judicial ideology in economic cases: Evidence from the General Court of the European Union
    • Nbr. 22-1, March 2021
    • European Union Politics
    We contribute new empirical evidence on the influence of ideology on the behaviour of European Union judges. As votes and other common proxies for judicial preferences are unavailable, we ask 46 co...
    ......We find less conclusive evidence for the influence of attitudes towards integration, even in state aid cases where the integration dimension might be expected to be more ......
  • How much do we know about the long-term effectiveness of parenting programmes? Advances, shortcomings, and future directions
    • Nbr. 10-2, June 2015
    • Journal of Children's Services
    • 120-132
    Purpose: – Parenting programmes are seen as feasible and cost-effective in preventing early behavioural problems in children and adolescents. A number of studies have concluded that such programmes...
    ......The current evidence is favourable but is likely to be biased by methodological ... for more studies of greater methodological strength to obtain conclusive evidence that wouldguide empirical research, practice and ......
  • Infrastructure: a new dimension of real estate? An asset allocation analysis
    • Nbr. 28-4, July 2010
    • Journal of Property Investment & Finance
    • 263-274
    Purpose: The purpose of this paper is to provide conclusive evidence that infrastructure constitutes a separate asset class and cannot be classified as real estate from an investment point‐of‐view....
    ...... – The purpose of this paper is to provide conclusive evidence that infrastructure constitutesa separate asset class and cannot ......
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Law Firm Commentaries
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