Hearsay Evidence in UK Law

Leading Cases
  • R (McCann) v Manchester Crown Court
    • House of Lords
    • 17 Oct 2002

    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
    • Court of Appeal (Criminal Division)
    • 25 Jan 2008

    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.

  • Welsh v Stokes and Another
    • Court of Appeal (Civil Division)
    • 27 Jul 2007

    The decision what weight (if any) to give to hearsay evidence involves an exercise of judgment. Where a case depends entirely on hearsay evidence, the court will be particularly careful before concluding that it can be given any weight. But there is no rule of law which prohibits a court from giving weight to hearsay evidence merely because it is uncorroborated and cannot be tested or contradicted by the opposing party.

  • R v Mhs
    • Court of Appeal (Criminal Division)
    • 29 Nov 2012

    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.

  • Myers v DPP
    • House of Lords
    • 17 Jun 1964

    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 v Blastland
    • House of Lords
    • 25 Jul 1985

    It is, of course, elementary that statements made to a witness by a third party are not excluded by the hearsay rule when they are put in evidence solely to prove the state of mind either of the maker of the statement or of the person to whom it was made. What a person said or heard said may well be the best and most direct evidence of that person's state of mind.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • Full And Frank Disclosure Obligation Breached But Injunction Upheld
    • JD Supra United Kingdom
    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...
    ...... 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 first ... 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
    • Mondaq UK
    ...... 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
    • Mondaq UK
    ......Practise investigations process. 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 ......
  • Fair corporate criminal liability trial despite absence of company’s directing mind
    • JD Supra United Kingdom
    The Court of Appeal has refused to grant a company leave to appeal its conviction for conspiracy to corrupt, notwithstanding that the directors who constituted the company's directing mind were not...
    ...... mind were not present at the trial and did not give oral evidence: Regina v Alstom Network UK Ltd [2019] EWCA Crim 1318. Alstom Network UK ...Hearsay evidence from these two directors had however been admitted in evidence ......
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