Hearsay Rule in UK Law
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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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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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R v Blastland
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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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Re R Williams Leisure Plc
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The formal answer to this submission is that subordinate legislation such as the Disqualification Rules cannot repeal an exception to the hearsay rule which Parliament has impliedly created by primary legislation in section 8. The more realistic answer is that it is indeed odd that in reports by the official receiver any hearsay should be admissible, whereas affidavits should be limited to hearsay which is admissible under specific exceptions such as section 8 or the Civil Evidence Act 1968.
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R v Duncan
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Where a "mixed" statement is under consideration by the jury in a case where the defendant has not given evidence, it seems to us that the simplest, and therefore the method most likely to produce a just result, is for the jury to be told that the whole statement, both the incriminating parts and the excuses or explanations, must be considered by them in deciding where the truth lies.
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R v Oxfordshire County Council, ex parte Sunningwell Parish Council
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- The Criminal Procedure Rules 2015
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Coronavirus (Scotland) Act 2020
... ... PART 5: Evidence ... Exceptions to the rule that hearsay evidence is inadmissible ... ...
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Criminal Justice (Scotland) Act 1995
... ... 17: Exceptions to the rule that hearsay evidence is inadmissible ... ...
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Civil Evidence Act 1995
... ... An Act to provide for the admissibility of hearsay evidence, the proof of certain documentary evidence and the admissibility ... 2007/3588), rule 13 (with rule 23) ... ...
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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 ... ...