Hearsay Rule in UK Law

Leading Cases
  • Prosecution Appeal (No 2 of 2008) R v Y
    • Court of Appeal (Criminal Division)
    • 25 Janeiro 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.

  • Myers v DPP
    • House of Lords
    • 17 Junho 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 Julho 1985

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

  • Re R Williams Leisure Plc
    • Court of Appeal (Civil Division)
    • 27 Abril 1994

    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.

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

    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.

  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • House of Lords
    • 24 Junho 1999

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD 24 paras 5.1 and 5.2)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Draft Chancery case management directions
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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