Hearsay Rule in UK Law
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R v Blastland
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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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Prosecution Appeal (No 2 of 2008) R v Y
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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.
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R v Singh
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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.
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Myers v DPP
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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.
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Shah and Another v Standard Chartered Bank
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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.
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R v Oxfordshire County Council, ex parte Sunningwell Parish Council
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In the normal case, of course, outward appearance and inward belief will coincide. A person who believes he has the right to use a footpath will use it in the way in which a person having such a right would use it. But user which is apparently as of right cannot be discounted merely because, as will often be the case, many of the users over a long period were subjectively indifferent as to whether a right existed, or even had private knowledge that it did not.
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The Queen (on the application of Johannes Philip Bonhoeffer) v General Medical Council
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In criminal proceedings the 2003 Act makes statutory provision for the admission of hearsay statements of complainants (among others) in certain circumstances and subject to certain safeguards.
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The Criminal Procedure Rules 2005
... ... Coming into force 4th April 2005 ... The Criminal Procedure Rule Committee, having power under section 69 of the Courts Act 2003 1 , make ... 25 ), 19.2 (application for reconsideration of police bail), 34.6 (hearsay evidence), 35.7 (evidence of bad character), 37.6 (notice of intention to ... ...
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Coronavirus (Scotland) Act 2020
... ... 12(1) ... PART 5: Evidence ... Exceptions to the rule that hearsay evidence is inadmissible ... (11) ... ...
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Civil Procedure Rules 1998
... ... The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997 to ... unless the court orders otherwise or he puts the statement in as hearsay evidence ... (2) Where a witness is called to give oral evidence under ... ...
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Criminal Procedure (Scotland) Act 1995
... ... Scotland) provided that the accused is, by virtue of any enactment or rule of law, subject to the jurisdiction of the sheriff before whom the case or ... 2007/527) ... 259: Exceptions to the rule that hearsay evidence is inadmissible ... (1) Subject to the following provisions of ... ...
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The Common Enterprise Exception to the Hearsay Rule
This article undertakes a comparative examination of the common enterprise exception to the hearsay rule, in order to paint a clear picture of the requirements and functioning of the rule in Englan...
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The Hearsay Rule under the Criminal Justice Act 2003: R v Xhabri (Agrol)
Many lawyers do not find that the hearsay rule trips off the tongue. They apply it by instinct rather than design. Laymen may be utterly baffled by the rule. Next month we enter a new era when the ...
- The Current Hearsay Rule and Proposals for Reform
- The Hearsay Rule and Confessions Relied upon by the Defence: R v Myers
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Evidence ' The Basis Of Admissibility
... ... the decades. Complex rules such as the hearsay rule and its even ... more complicated exceptions are no longer directly ... ...
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Shagang HNA: A Non-binary Approach To The Weighing Of Evidence In A Civil Trial And Taking Into Account The Risk That Evidence May Have Been Obtained By The Use Of Torture (Video)
... ... At [102], he stated that the fact ... that he could not rule out torture further reduced the confidence ... that he could place in the ... estimating the weight to be given to the statement as hearsay ... evidence in civil proceedings must entirely disregard the ... ...
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Fair corporate criminal liability trial despite absence of company’s directing mind
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...... ... Hearsay evidence from these two directors had however been admitted in evidence ... , given that Alstom UK was a separate legal entity and there was no rule of law or practice which required a directing mind to be indicted with the ... ...
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Employment Briefing - August 2011
... ... Hearsay evidence not admissible ... The Administrative Court has held to be ... The Court held that whilst there is no general rule that a person facing disciplinary proceedings may cross examine witnesses, ... ...
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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.... ... (e) that the parties do exchange signed statements of witnesses of fact and any notices of hearsay evidence by (date) ... (f) that there be permission to the parties to rely on the expert evidence of [one] expert each in the field of ... ...
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Draft Chancery case management directions
Chancery forms, including claim forms and applications for orders.... ... trial, those statements [and any notices of intention to rely on hearsay evidence] to be ... [exchanged by [ date ].] or ... [served by [ ... Extension of time limits ... The parties may, where CPR rule 2.11 ... ...