Documentary Evidence in UK Law
-
Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
“
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.
-
Onassis and Calogeropoulos v Vergottis (Artemision II., Christina.)
“
It is a truism, often used in accident cases, that with every day that passes the memory becomes fainter and the imagination becomes more active. For that reason a witness, however honest, rarely persuades a judge that his present recollection is preferable to that which was take down in writing immediately after the accident occurred.
-
Rio Tinto Zinc Corporation v Westinghouse Electric Corporation; Re Westinghouse Electric Corporation Uranium Contract Litigation M.D.L. Docket No. 235 (No. 1) and (No. 2)
“
The jurisdiction of English courts to order persons within its jurisdiction to provide oral or documentary evidence in aid of proceedings in foreign courts has always been exclusively statutory.
-
Owners of SS. "Hontestroom" v Owners of SS. "Sagaporack."
“
None the less, not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial judge, and, unless it can be shown that he has failed to use or has palpably misused his advantage, the higher Court ought not to take the responsibility of reversing conclusions so arrived at, merely on the result of their own comparisons and criticisms of the witnesses and of their own view of the probabilities of the case.
-
Polanski v The Conde Nast Publications Ltd
“
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.
-
Julia Kogan v Nicholas Martin
“
It is one of a line of distinguished judicial observations that emphasise the fallibility of human memory and the need to assess witness evidence in its proper place alongside contemporaneous documentary evidence and evidence upon which undoubted or probable reliance can be placed. Heuristics or mental short cuts are no substitute for this essential judicial function.
-
R (Mount Cook Land Ltd) v Westminster City Council
“
It follows that judges before whom contested permission applications are listed, and in their conduct of them, should discourage long hearings and/or the filing by both parties of voluminous documentary evidence for consideration at them.
- Documentary Evidence Act 1868
- Documentary Evidence Act 1882
-
Space Industry Act 2018
...... a power under spaceport byelaws without producing written evidence of his or her authority if required to do so. . (4) A constable may remove ...2018/1224, reg. 2(yy) . 66: Use of records and documentary evidence . (1) In any legal proceedings, a document purporting to be ......
- Documentary Evidence Act 1895
- Documentary Hearsay and the Police and Criminal Evidence Act 1984
-
The Privilege against Self-Incrimination
This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the a......... two topical issue s, the relation between the priv ilege and documentary evidence and the applicability of th e privilege to corporations, in lig ......
-
Records management and accountability versus corruption, fraud and maladministration
Organisations and governments rarely see the connection between records management and the prevention of corruption, fraud and maladministration. This article gives an overview of what corruption a......... public sector’s ability to function effectively and provides documentary evidence to assist in ensuringaccountable and transparent government. ......
-
Expenditure in British Public and Academic Libraries on Online Services
Future historians, using the documentary evidence remaining, might well be excused for believing that online searching was a major activity in libraries and information services in the 1970s and 80......... London Use and expenditure Future historians, using the documentary evi-dence remaining, might well be excused for believing that online ... is reasonable to suppose (although we do not, as yet, have direct evidence to support this) that this stems from a positive policy on the part of the ......
- Court Of Appeal Allows Party To Gather Documentary Evidence From Abroad
-
Bad Apples in a Rotten Barrel
In the United Kingdom, a former investigator of the Royal Military Police (RMP), speaking anonymously, alleges that Senior British army commanders in Iraq refused to investigate Iraqi civilian abus......... October 11th, the whistleblower claims that while he has seen documentary evidence of hundreds of incidences, involving death and serious injury to ......
-
National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts
National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly part......... the importance of properly particularised claims and documentary evidence. The English Court rightly adopts a rigorous approach to ......
-
Property Investors - Have You Claimed All Your Capital Allowances?
......From April 2012 purchasers will require documentary evidence of the tax value of any fixtures which the vendor has pooled, in ......
-
Supplement for an application for an extension of an Education Supervision Order
Standard directions forms under the Children Act.......If you are relying on a report or. other documentary evidence, state the date(s) and author(s) and enclose a copy. Signed. ......
-
Supplement for an application for a Warrant to assist a person authorised by an Emergency Protection Order
Standard directions forms under the Children Act.......If you are relying on a report or other documentary evidence, state the date(s) and author(s). and enclose a copy. Signed. ......
-
Supplement for an application for contact with a child in care
Standard directions forms under the Children Act.......If you are relying on a report or other documentary evidence, state the date(s) and author(s). and enclose a copy. Signed. ......
-
Supplement for an application for a Recovery Order
Standard directions forms under the Children Act.......If you are relying on a report or other documentary evidence, state the date(s) and author(s). and enclose a copy. Signed. ......