Cross Examination in UK Law

Leading Cases
  • Wenlock v Moloney
    • Court of Appeal
    • 31 May 1965

    But this summary jurisdiction of the court was never intended to be exercised by a minute and protracted examination of the documents and facta of the case, in order to see whether the plaintiff really has a cause of action. To do that, la to usurp the position of the trial judge, and to produce a trial of the case in Chambers, on affidavits only, without discovery and without oral evidence tested by cross examination in the ordinary way.

  • Polanski v The Conde Nast Publications Ltd
    • House of Lords
    • 10 Feb 2005

    But it would be a strong thing indeed to use such case management powers to exclude the admissible evidence of one of the parties on the central facts of the case. It might be grossly unjust to the other party, even contrary to his right to a fair trial under article 6 of the European Convention on Human Rights, to decide a claim principally on the untested evidence of a party who had not been subject to cross-examination of any sort.

  • R v Selvey
    • House of Lords
    • 09 May 1968

  • Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
    • Queen's Bench Division (Commercial Court)
    • 15 Nov 2013

    But its value lies largely, as I see it, in the opportunity which cross-examination affords to subject the documentary record to critical scrutiny and to gauge the personality, motivations and working practices of a witness, rather than in testimony of what the witness recalls of particular conversations and events.

  • Jones v National Coal Board
    • Court of Appeal
    • 25 Mar 1957

    Further than this, cross-examining counsel is at a grave disadvantage if he is prevented from following, a preconceived line of inquiry which is, in his view, most likely to elicit admissions from the witness or qualifications of the evidence which he has given in chief.

  • Henderson v Foxworth Investments Ltd
    • Supreme Court (Scotland)
    • 02 Jul 2014

    It follows that, in the absence of some other identifiable error, such as (without attempting an exhaustive account) a material error of law, or the making of a critical finding of fact which has no basis in the evidence, or a demonstrable misunderstanding of relevant evidence, or a demonstrable failure to consider relevant evidence, an appellate court will interfere with the findings of fact made by a trial judge only if it is satisfied that his decision cannot reasonably be explained or justified.

  • R v Secretary of State for the Home Department, ex parte Khawaja
    • House of Lords
    • 10 Feb 1983

    These have led me to the conclusion that the civil standard of proof by a preponderance of probability will suffice, always provided that, in view of the gravity of the charge of fraud which has to be made out and of the consequences which will follow if it is, the court should not be satisfied with anything less than probability of a high degree. These have led me to the conclusion that the civil standard of proof by a preponderance of probability will suffice, always provided that, in view of the gravity of the charge of fraud which has to be made out and of the consequences which will follow if it is, the court should not be satisfied with anything less than probability of a high degree.

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Legislation
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Books & Journal Articles
  • The Right to Cross-Examination and Witness Protection in Ethiopia: Comparative Overview
    • Nbr. 12-2, December 2018
    • Mizan Law Review
    • Tadesse Melaku
    • Tadesse Melaku (LLB, LLM); Assistant Professor at Hawassa University, College of Law and Governance, School of Law. I thank the anonymous reviewers for their comments and suggestions. Email: tadessehello@gmail.com
    • 303-324
    Cross-examination particularly in the context of criminal trial is a human right recognized in international human rights law and the Ethiopian constitution. However, states are increasingly facing...
  • A cross-national examination of prejudice toward immigrants: the role of education and political ideology
    • Nbr. 8-4, October 2016
    • Journal of Aggression, Conflict and Peace Research
    • 279-289
    Purpose: More than ever before, people from around the world are migrating away from their country of birth. Yet citizens of host countries do not always welcome these immigrants – instead, citizen...
  • Examination of satisfaction in cross‐product group settings
    • Nbr. 18-1, February 2009
    • Journal of Product & Brand Management
    • 50-59
    Purpose: The purpose of this paper is to test a model that examines whether the “meets expectations” and “affective feeling state” perspectives of satisfaction are distinct constructs in a cross‐pr...
  • Cross‐national applicability of a perceived quality model
    • Nbr. 11-4, July 2002
    • Journal of Product & Brand Management
    • 213-236
    Marketing scholars have long debated whether marketing programs and processes can be standardized across countries. However, empirical examination of cross‐national applicability of marketing model...
    ......However, empirical examination of cross-national applicability of marketing models, which are originally generated for a single market ± usually the USA ± are rare. This study ......
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Law Firm Commentaries
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