Hearsay Evidence in UK Law
-
Myers v DPP
“
I have never taken a narrow view of the functions of this House as an appellate tribunal. The common law must be developed to meet changing economic conditions and habits of thought, and I would not be deterred by expressions of opinion in this House in old cases. If we are to extend the law it must be by the development and application of fundamental principles. We cannot introduce arbitrary conditions or limitations: that must be left to legislation.
-
R (McCann) v Manchester Crown Court
“
However, I agree that, given the seriousness of matters involved, at least some reference to the heightened civil standard would usually be necessary: In re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, 586D-H, per Lord Nicholls of Birkenhead. But in my view pragmatism dictates that the task of magistrates should be made more straightforward by ruling that they must in all cases under section 1 apply the criminal standard.
-
Prosecution Appeal (No 2 of 2008) R v Y
“
As this court explained in Taylor [2006] EWCA Crim 260, section 114(2) does not mean that the Judge must hear evidence on, and make specific findings of fact about, each factor seriatim; but he must exercise his judgment in the light of consideration of all of them. Then, after those factors, and any other relevant to the particular case have been evaluated, the Judge must stand back and ask whether it is in the interests of justice that the statement be admitted.
-
R v Mhs
“
As a result of the decision of this court and the Supreme Court in R v Horncastle, 26 and the decisions of this court in R v Ibrahim27 and R v Riat, 28 the framework to be considered to decide whether hearsay evidence should be admitted pursuant to the statutory framework set out in Chapter 2 of Part 11 of the CJA 2003 is clear.
In that respect, the court has to have specific regard to the matters set out in section 116(4)(a) to (c). The judge is entitled to expect that "very full" enquires as to witness credibility will have been made if it is the prosecution that wishes to put in the hearsay evidence and if it is the defence, they too must undertake proper checks.
-
R v Riat (Jaspal)
“
It is necessarily second-hand and for that reason very often second-best. Because it is second-hand, it is that much more difficult to test and assess. The jury frequently never sees the person whose word is being relied upon. Even if there is a video recording of the witness' interview, that person cannot be asked a single exploratory or challenging question about what is said.
-
R v Blastland
“
-
The Criminal Procedure Rules 2015
... ... PART 18: MEASURES TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE ... PART 20: HEARSAY EVIDENCE ... ...
-
Civil Evidence Act 1995
...Civil Evidence Act 1995 ... Civil Evidence Act 1995 ... Civil Evidence Act 19951995 c. 38 An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility and proof of official actuarial tables in civil proceedings; and for ... ...
-
Coronavirus (Scotland) Act 2020
... ... PART 5: Evidence ... Exceptions to the rule that hearsay evidence is inadmissible ... ...
-
Civil Evidence Act 1968
... ... Part I: Hearsay Evidence ... 1: Hearsay evidence to be admissible only by virtue of this Act and other statutory provisions, or by agreement ... (1) In any civil ... ...
- Hearsay Evidence
- Hearsay Evidence
-
Hearsay evidence in Uganda: Understanding its meaning, admissibility and probative value
In Uganda legislation requires witnesses to adduce direct evidence in court. However, this may not be possible in all cases and the law provides for circumstances in which hearsay may be admissible...
-
The Safety-Valve: Discretion to Admit Hearsay Evidence in Criminal Proceedings
Section 114(1)(d) of the Criminal Justice Act 2003 gave the criminal courts discretion to admit hearsay evidence in the interests of justice. The Law Commission envisaged that the courts would only...
-
Full And Frank Disclosure Obligation Breached But Injunction Upheld
In JSC Mezhdunarodniy Promyshlenniy Bank & anr v Sergei Viktorovich Pugachev [2014] EWHC 4336 (Ch), 19 December 2014, Mann J refused to discharge a GBP 1.2 billion worldwide freezing injunction des...... ... would still have been granted due to the weight of other evidence ... The context of this claim is the collapse of a Russian bank (the ... statement submitted by the claimants' solicitor contained a lot of hearsay evidence and did not identify the sources of this hearsay evidence; and ... ...
-
(Re)Insurance Weekly Update 32 - 2015
... ... A statement from a foreign witness that is hearsay can be admitted and read at court by means of a hearsay notice. If one ty puts in hearsay evidence of a statement then, with the court's permission, the other party can call ... ...
-
Evidence ' The Basis Of Admissibility
... ... The rules of evidence have become gradually more relaxed over ... the decades. Complex rules such as the hearsay rule and its even ... more complicated exceptions are no longer directly applicable in ... the context of Fitness to Practise hearings. The general ... ...
-
High Court Orders Witness Statements To Be Redrafted Due To Serious Non-compliance With PD 57AC
... ... and gave the claimant just under a week to redraft the evidence so ... as to comply with the PD: Greencastle MM LLP v Payne ... [2022] ... own knowledge (including correctly identified hearsay evidence) ... While each case will turn on its facts, the decision ... ...
-
Order under refusing judgment under Part 24 and giving directions as to the future conduct of the case
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... ] ... AND UPON READING the written evidence filed ... IT IS ORDERED that: ... 1. the said application be ... exchange signed statements of witnesses of fact and any notices of hearsay evidence by (date) ... (f) that there be permission to the ... ...
-
Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD 24 paras 5.1 and 5.2)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... ] ... AND UPON READING the written evidence filed ... IT IS ORDERED that: ... 1. (a) if the defendant pays ... exchange signed statements of witnesses of fact and any notices of hearsay evidence by (date) ... (f) that there be permission to the ... ...
-
Shortened PF52 in the Queen's Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... serve on every other party any witness statement of the oral evidence upon which the party serving the statement intends to rely in relation to ... , those statements and any notices of intention to rely on hearsay evidence to be ... (a) exchanged by ( date ) or ... ... ...
-
Draft Chancery case management directions
Chancery forms, including claim forms and applications for orders.... ... ] an interval between close of evidence and final submissions of [ day(s)] [or ... trial, those statements [and any notices of intention to rely on hearsay evidence] to be ... [exchanged by [ date ].] or ... [served by [ ... ...