Documentary Evidence in UK Law

Leading Cases
  • 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.

  • Onassis and Calogeropoulos v Vergottis (Artemision II., Christina.)
    • House of Lords
    • 31 Oct 1968

    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.

  • 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.

  • Owners of SS. "Hontestroom" v Owners of SS. "Sagaporack."
    • House of Lords
    • 20 Jul 1926

    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.

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 Mar 2001

    In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based. The simpler the case the easier it is likely to be take that view and resort to what is properly called summary judgment.

  • R (Mount Cook Land Ltd) v Westminster City Council
    • Court of Appeal (Civil Division)
    • 14 Oct 2003

    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.

  • R (Winchester College) v Hampshire County Council
    • Court of Appeal (Civil Division)
    • 29 Apr 2008

    In my judgment, section 67(6) requires that, for the purposes of section 67(3), the application must be made strictly in accordance with paragraph 1. That is not to say that there is no scope for the application of the principle that the law is not concerned with very small things (de minimis non curat lex ). Indeed this principle is explicitly recognised in regulation 8(1) of the 1993 Regulations. Thus minor departures from paragraph 1 will not invalidate an application.

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Books & Journal Articles
  • Documentary Hearsay and the Police and Criminal Evidence Act 1984
    • Nbr. 51-1, February 1987
    • Journal of Criminal Law, The
  • The Privilege against Self-Incrimination
    • Nbr. 7-4, December 2016
    • New Journal of European Criminal Law
    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
    • Nbr. 10-2, August 2000
    • Records Management Journal
    • 61-72
    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
    • Nbr. 20-1, January 1990
    • VINE
    • 31-37
    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 ......
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Law Firm Commentaries
  • Bad Apples in a Rotten Barrel
    • LexBlog United Kingdom
    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
    • JD Supra United Kingdom
    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 ...
    ...... 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?
    • Mondaq United Kingdom
    ......From April 2012 purchasers will require documentary evidence of the tax value of any fixtures which the vendor has pooled, in ......
  • Have You Claimed All Your Capital Allowances?
    • Mondaq United Kingdom
    ......From April 2012 purchasers will require documentary evidence of the tax value of any fixtures which the vendor has pooled, in ......
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