Hearsay Rule in UK Law

Leading Cases
  • R v Blastland
    • House of Lords
    • 25 Jul 1985

    However, the decision of the Court of Appeal (Criminal Division) in Reg. v. Turner (Bryan), which an appeal on the first certified point would call in question, was itself based on the majority decision of your Lordships' House in Myers v. Director of Public Prosecutions [1965] A.C. 1001, which established the principle, never since challenged, that it is for the legislature, not the judiciary, to create new exceptions to the hearsay rule.

    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.

  • Stern v Piper
    • Court of Appeal (Civil Division)
    • 21 May 1996

    The repetition rule (I gratefully adopt my Lord's term for it, as well as his exposition of the facts, authorities and arguments) is a rule of law specifically designed to prevent a jury from deciding that a particular class of publication—a publication which conveys rumour, hearsay, allegation, repetition, call it what one will—is true or alternatively bears a lesser defamatory meaning than would attach to the original allegation itself.

  • R v Singh
    • Court of Appeal (Criminal Division)
    • 23 Feb 2006

    What was said by the callers in Kearley would now be admissible as direct evidence of the fact that there was a ready market for the supply of drugs from the premises, from which could be inferred an intention by an occupier to supply drugs. The view of the majority in Kearley, in relation to hearsay, has been set aside by the Act.

  • 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.

  • Shah and Another v Standard Chartered Bank
    • Court of Appeal (Civil Division)
    • 02 Abr 1998

    Those who publish without malice defamatory statements to the effect that there are reasonable grounds to suspect a plaintiff of discreditable conduct are protected if the occasion is privileged. If this is in individual cases difficult, that only emphasises that reputation should not be put at risk by publication on occasions which are not privileged of unsubstantiated hearsay.

  • R v Duncan
    • Court of Appeal (Criminal Division)
    • 07 May 1981

    Equally, where appropriate, as it usually will be, the Judge may, and should, point out that the incriminating parts are likely to be true (otherwise why say them?)

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Legislation
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... PART 33 . Miscellaneous Rules About Evidence . Rule 33.1 . Introductory . Rule 33.2 . Notice of intention to rely on hearsay evidence . Rule 33.3 . Circumstances in which notice of intention to rely on hearsay evidence is not required . Rule 33.4 . Power to call witness ......
  • Civil Evidence Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ...... An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility ...hearsay. . (2) Provision may be made by rules of court— . . (a) specifying classes of proceedings or evidence in ......
  • The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ......S-3 . Saving provision: rules of court Saving provision: rules of court . 3. Notwithstanding the ...SCH-1.6 . 6 Amendment of the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 . (1) The Magistrates’ Courts ......
  • The Criminal Procedure Rules 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (c) section 132(5) of the Criminal Justice Act 2003 95 (failure to give notice of hearsay evidence).] S-3.6 . Application to vary a direction Application to vary a direction . 3.6. —(1) A party may apply to vary a direction if― . ......
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Books & Journal Articles
  • REVIEWS
    • Núm. 14-2, Abril 1951
    • The Modern Law Review
    Book reviewed in this article: The Inheritance of the Common Law. By Richard O'Sullivan Constitutional Law. By E. C. S. Wade, m.a., ll.d., and G. Godfrey Phillips, c.b.e., m.a., ll.m. Fourth Editio...
    ...... 284 THE MODERN LAW REVIEW VOL. 14 can as n general rule be indicted for the criniinal acts of its human agent is ... G. L. W. THE HEARSAY RULE. By R. W. BAKER, Professor of Law in the University of ......
  • Hearsay‐fiddles’ in the House of Lords
    • Núm. 62-2, Marzo 1999
    • The Modern Law Review
    ...... ‘Hearsay-fiddles’ in the House of Lords John Hartshorne* and Andrew L.-T. Choo** The hearsay rule provides that a statement made otherwise than by a person giving oral evidence in court is inadmissible as evidence of the truth of its facts. A ......
  • Conceptual Versus Pragmatic Approaches to Hearsay
    • Núm. 56-2, Marzo 1993
    • The Modern Law Review
    ...... Yet this pragmatism is conspicuously absent from one of the most entrenched rules of evidence - the hearsay rule. This requires a court to exclude any written or oral statement not made in the course of ......
  • Some Proposals For Reform In The Law Of Evidence
    • Núm. 24-1, Enero 1961
    • The Modern Law Review
    ...... the rule against hearsay and exceptions to the hearsay rule. The ......
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Law Firm Commentaries
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