Missing Evidence in UK Law

Leading Cases
  • R v Feltham Magistrates Court, ex parte Ebrahim ; Mouat v DPP
    • Queen's Bench Division (Administrative Court)
    • 21 Feb 2001

    If, in such a case, there is sufficient credible evidence, apart from the missing evidence, which, if believed, would justify a safe conviction, then a trial should proceed, leaving the defendant to seek to persuade the jury or magistrates not to convict because evidence which might otherwise have been available was not before the court through no fault of his. Often the absence of a video film or fingerprints or DNA material is likely to hamper the prosecution as much as the defence.

  • R v R.d.
    • Court of Appeal (Criminal Division)
    • 10 Set 2013

    In considering the question of prejudice to the defence, it seems to us that it is necessary to distinguish between mere speculation about what missing documents or witnesses might show, and missing evidence which represents a significant and demonstrable chance of amounting to decisive or strongly supportive evidence emerging on a specific issue in the case. The court will need to consider what evidence directly relevant to the appellant's case has been lost by reason of the passage of time.

  • PR v The Crown
    • Court of Appeal (Criminal Division)
    • 12 Jul 2019

    In some instances, this opportunity exists; in others it does not. It is to be regretted if relevant records become unavailable, but when this happens the effect may be to put the defendant closer to the position of many accused whose trial turns on a decision by the jury as to whether they are sure of the oral evidence of the prosecution witness or witnesses, absent other substantive information by which their testimony can be tested.

  • DPP v Fell
    • Queen's Bench Division (Administrative Court)
    • 30 Ene 2013

    Fourthly, the grant of the stay in a case such as this is exceptional. It caters for and only for those cases which cannot be accommodated with all their imperfections within the trial process. It is of course a very different situation where evidence has gone missing through some serious culpability or bad faith on the part of the prosecutor or investigator, but that is not this case.

  • Secretary of State for the Home Department v Jovy Rodriguez
    • Court of Appeal (Civil Division)
    • 20 Ene 2014

    Taken overall, the Evidential Flexibility process instruction is demonstrably not designed to give an applicant the opportunity first to remedy any defect or inadequacy in the application or supporting documentation so as to save the application from refusal after substantive consideration.

  • Rodriguez (Flexibility Policy) [Upper Tribunal]
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 31 Ene 2013

    2) There is now no limit on the amount of information that can be requested from the applicant. However, requests for information should not be speculative, we must have sufficient reason to believe that any evidence requested exists.

  • Anonima Petroli Italiana Spa and Another v Marlucidez Armadora SA (The Filiatra Legacy)
    • Court of Appeal (Civil Division)
    • 10 Abr 1991

    As pointed out by McCowan L.J. during argument, if this action had proceeded in accordance with "old fashioned" civil procedures the plaintiffs would have pleaded and opened their three suggestions as to the way in which the crew could have stolen the missing cargo without detection. They would have called oral evidence as to facts, including the evidence of Captain Bellucci. Such a submission would, as it seems to us, have been irresistible.

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Legislation
  • The Patents Rules 2007
    • UK Non-devolved
    • 1 de Enero de 2007
    ....... (4) The written evidence required by section 2(4)(c) must be in the form of— . (a) (a) a ...S-18 . Missing parts Missing parts . 18. —(1) The period prescribed for the purposes ......
  • Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993
    • UK Non-devolved
    • 1 de Enero de 1993
    ......paragraph 12 and the Civil Evidence (Scotland) Act 1988 (c.32), section. 2(4). . ( c ) 1972 c.59. . ( d ) ... "missing person" has the meaning assigned in section 1(1) of the Act of 1977. . ......
  • The Civil Procedure (Amendment No. 2) Rules 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... 1 of the CPA and section 20(1) and (5) of the Guardianship (Missing Persons) Act 2017 2 , after consulting in accordance with section 2(6)(a) ... compliance with paragraph (1)(b), and containing or attaching evidence of Advertisement of the claim/application, including details of how, where ......
  • Carriage of Goods by Road Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......as it has been superseded by a subsequent Order, be conclusive. evidence of the matters so certified. S-3 . Power of court to take account of ...The person so entitled may, on receipt of compensation for the missing goods, request in writing that he shall be notified immediately should the ......
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Books & Journal Articles
  • Japanese managers’ experiences of neuro-linguistic programming: a qualitative investigation
    • Núm. 14-3, Mayo 2019
    • The Journal of Mental Health Training, Education and Practice
    • 174-185
    Purpose: Though several work-related mental health training initiatives have been implemented in Japan, the effectiveness of such approaches remains unclear. Consequently, some Japanese corporation...
    ...... of debate in terms of the quality of the underlying empirical evidence. However, a perspective missing from this debate is an evidence- based ......
  • Missing trader fraud on the emissions market
    • Núm. 18-2, Mayo 2011
    • Journal of Financial Crime
    • 183-194
    Purpose: The aim of this paper is to show evidence and to quantify with forensic econometric methods the impact of the missing trader fraud (MTF) on European carbon allowances markets. This fraud o...
    ...... Paris 1 Panthe ´ on-Sorbonne, Paris, France, and Antonin Lassoudiere Rouen, France Abstract Purpose – The aim of this paper is to show evidence and to quantify with forensic econometric methods the impact of the missing trader fraud (MTF) on European carbon allowances markets. This fraud ......
  • A review of AWOL policy in use across London; a case for greater standardisation
    • Núm. 19-3, Septiembre 2014
    • Mental Health Review Journal
    • 156-162
    Purpose: – The purpose of this paper is to appraise local absent without leave/missing persons policy in use across the nine NHS mental health trusts providing services across the Greater London re...
    ...... of this paper is to appraise local absent without leave/missingpersons policy in use across the nine NHS mental health trusts providing services ... of the literature on best practice management was conducted, evidence collated and an appraisal tool produced. This tool was used to ......
  • To Divest or not to Divest: A Meta‐Analysis of the Antecedents of Corporate Divestitures
    • Núm. 27-1, Enero 2016
    • British Journal of Management
    Corporate divestitures have been identified as important strategic actions with a positive impact on firm performance. Yet, what is still missing in the strategic management literature is an integr...
    ......Yet, w hat is still missing in the strategic management literature is an integrative frame work that ...Evidence is found that divestituresare driven mainly by prior divestment ......
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Law Firm Commentaries
  • Anticorruption compliance is more than adopting a policy
    • LexBlog United Kingdom
    When the prosecutors come knocking on the door with a search warrant, one of the first things they will look for is evidence as to whether the company adhered to and fulfilled the six principles of...
    ...... a search warrant, one of the first things they will look for is evidence as to whether the company adhered to and fulfilled the six principles of dequate procedures.  If one or more of those six steps is missing, the company may have no defence to a prosecution, because prosecutors ......
  • What to expect when you’re not expecting: The Supreme Court clarifies the concept of legitimate expectations
    • LexBlog United Kingdom
    In a recent judgment, the Supreme Court has distinguished the concept of legitimate expectation from an applicant’s right for their application to be considered in accordance with a public authorit...
    ...... to a failing by the applicant, Mr Mandalia, to submit in full the evidence required under the Immigration Rules. The UK Border Agency’s policy ... that applicants should be given the opportunity to submit any missing evidence. The Supreme Court, in Mandalia v Secretary of State for the Home ......
  • Secrets & Laws
    • Mondaq UK
    ...... and the importance of "playing fair" when it comes to giving evidence should not be taken lightly. Western Digital learnt about the perils of ... that has been unable to make its arguments satisfactorily due to missing evidence (Greenberg and Lautenschlager, 2011). A potentially more ......
  • Admissions – Risky Business?
    • Mondaq UK
    ...... pre-action investigations that the picture is incomplete, or that evidence may be missing, the importance of a carefully considered response cannot ......
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