Exclusionary Rule in UK Law

  • Chartbrook Ltd v Persimmon Homes Ltd and another
    • House of Lords
    • 01 Julio 2009
    ... ... Every so often the rule that prior negotiations are inadmissible comes under scrutiny. That is as ... 4 Lord Blackburn clearly saw no conflict between the exclusionary rule and Lord Justice Clerk Moncreiff's proposition that the Court was ... ...
  • Pepper (Inspector of Taxes) v Hart
    • House of Lords
    • 26 Noviembre 1992
    ... ... reason that Lord Reid, for example, considered the general rule to be a good one as he said in the passage my noble and learned friend has ... Provided the relaxation of the previous exclusionary rule is so limited, I find it difficult to suppose that the additional ... ...
  • A v Secretary of State for the Home Department (No. 2)
    • House of Lords
    • 08 Diciembre 2005
    ... ... of human rights, the suppression of torture and maintenance of the rule of law ... 2 The appeals now before the House ... The common law has insisted on an exclusionary rule. See, for a clear affirmation of the rule, Wong Kam-ming v The Queen ... ...
  • Shaker v Al-Bedrawi ;Shaker v Masry ; Shaker v Steggles Palmer (A Firm)
    • Court of Appeal (Civil Division)
    • 18 Octubre 2002
    ... ... ) referred to "the elementary principle that A cannot, as a general rule, bring an action against B to recover damages or secure other relief on ... As the Prudential principle is an exclusionary rule denying a claimant what otherwise would be his right to sue, the onus ... ...
  • Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others
    • Supreme Court
    • 27 Octubre 2010
    ... ... negotiations are not admissible in evidence ("the without prejudice rule"). Specifically, the question is whether facts which (a) are communicated ... the submission that what at para 42 Lord Hoffmann called the exclusionary rule, which excludes evidence of what was said or done in the course of ... ...
  • R v Mirza; R v Connor and Rollock
    • House of Lords
    • 22 Enero 2004
    ... ... part of the jury, is always inadmissible under the common law secrecy rule however compelling the evidence may be and however grave the circumstances ... to differences as to the scope of the exception, a similar exclusionary rule has prevailed in Commonwealth countries: Canada: R v Pan; R v Sawyer ... ...
  • Clark v University of Lincolnshire and Humberside
    • Court of Appeal (Civil Division)
    • 19 Abril 2000
    ... ... It follows, Mr Vineall submits, that pursuant to the rule in O'Reilly v Mackman [1983] 2 AC 237 any attempt to sue a higher ... period for civil suits without resorting to a rigid exclusionary rule capable of doing equal and opposite injustice. Just as on a judicial ... ...
  • R v Boardman
    • House of Lords
    • 13 Noviembre 1974
    ... ... App. R. at p. 106 he said—"If the jury are precluded by some rule of law from taking the view that something is a coincidence which is ... suspicion since it seems a specious manner of outflanking the exclusionary rule. But we need not consider the validity or scope of this proposition ... ...
  • D v East Berkshire Community NHS Trust and Another
    • Court of Appeal (Civil Division)
    • 31 Julio 2003
    ... ... it was fair, just and reasonable not to apply the exclusionary rule outlined in the Hill case. In the view of the court the assertion ... ...
  • R v Hasan (Aytach)
    • House of Lords
    • 17 Marzo 2005
    ... ... (2) Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence." Subject to ... ...
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