Right to Cross Examine in UK Law

Leading Cases
  • Murdoch v Taylor
    • House of Lords
    • 01 Feb 1965

  • Rall v Hume
    • Court of Appeal (Civil Division)
    • 08 Feb 2001

    In principle, as it seems to me, the starting point on any application of this kind must be that, where video evidence is available which, according to the defendant, undermines the case of the claimant to an extent that would substantially reduce the award of damages to which she is entitled, it will usually be in the overall interests of justice to require that the defendant should be permitted to cross-examine the plaintiff and her medical advisors upon it, so long as this does not amount to trial by ambush.

  • R v Bruce (Steven)
    • Court of Appeal (Criminal Division)
    • 25 Abr 1975

    In our judgment, evidence cannot be said to be given against a person charged with the same offence as the witness who gives it if its effect, if believed, is to result not in his conviction but in his acquittal of that offence. The fact that Bruce's evidence undermined McGuinness' defence by supplying him with another does not make it evidence given against him. If and only if such evidence undermines a co-accused's defence so as to make his acquittal less likely is it given against him.

  • R v A (No 2)
    • House of Lords
    • 17 May 2001

    In accordance with the will of Parliament as reflected in section 3 it will sometimes be necessary to adopt an interpretation which linguistically may appear strained. The techniques to be used will not only involve the reading down of express language in a statute but also the implication of provisions. A declaration of incompatibility is a measure of last resort. It must be avoided unless it is plainly impossible to do so.

  • Re Pergamon Press Ltd
    • Court of Appeal (Civil Division)
    • 13 Jul 1970

    It is only too easy to frame a precise set of rules which may appear impeccable on paper and which may yet unduly hamper, lengthen and, indeed, perhaps even frustrate (see per Lord Reid in Wiseman v. Borneman at 710) the activities of those engaged in investigating or otherwise dealing with matters that fall within their proper sphere.

  • R (D) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 28 Feb 2006

    We see no reason why an inquiry conducted in such a way should not be compatible with article 2 of the Convention. The underlying obligation of the chairman is to act fairly. In discharging that obligation, the chairman may or may not allow others to question witnesses, depending upon the circumstances of the particular case. In some cases it may be appropriate to do so and in others it may not.

  • R (Imtiaz Amin) v Secretary of State for the Home Department; R (Middleton) v West Somerset Coroner
    • Queen's Bench Division (Administrative Court)
    • 05 Oct 2001

    It is accepted that Zahid Mubarek was put in the same cell as his killer because of "systemic failures". On the facts of this case the obligation to hold an effective and thorough investigation can, in my judgment, only be met by holding a public and independent investigation with the family legally represented, provided with the relevant material and able to cross-examine the principal witnesses.

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Legislation
  • Food and Drugs Act 1938
    • UK Non-devolved
    • 1 de Enero de 1938
    ......may at all reasonable times examine any food intended. for human consumption which ...district, and any rights enjoyed by any person. within their district in ...the right to cross-examine him, if he gives. evidence, and any ......
  • Civil Evidence Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ...... S-3 . Power to call witness for cross-examination on hearsay statement. 3 Power to ..., call that person as a witness and cross-examine him. on the statement as if he had been called by ...of any public or general right or of identifying any person. or thing,. . . ......
  • Criminal Procedure Act 1865
    • UK Non-devolved
    • 1 de Enero de 1865
    ...... Parties, Authority to hear, receive, and examine Evidence. S-2. Summing up of Evidence in Cases of ... sum up the Evidence respectively; and the Right of Reply, and Practice and Course of Proceedings, ...4. If a Witness, upon Cross-examination as to a former Statement made by him ......
  • Youth Justice and Criminal Evidence Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......under section 28 (video recorded cross-examination or re-examination). to apply in ...cross-examined or re-examined in respect of any evidence given ...has a right of audience (within the meaning of the   Courts ......
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Books & Journal Articles
  • The Right to Cross-Examination and Witness Protection in Ethiopia: Comparative Overview
    • Núm. 12-2, Diciembre 2018
    • Mizan Law Review
    • Tadesse Melaku
    • Tadesse Melaku (LLB, LLM); Assistant Professor at Hawassa University, College of Law and Governance, School of Law. I thank the anonymous reviewers for their comments and suggestions. Email: tadessehello@gmail.com
    • 303-324
    Cross-examination particularly in the context of criminal trial is a human right recognized in international human rights law and the Ethiopian constitution. However, states are increasingly facing...
    ...... cas e law reveals t hat, when considering demands for anonymity, courts exercise maximum caution to ensure that the right to cross-examine witnesses is not unduly infringed. The writer argues that a recent constitutional ruling by the Council of Constitutional ......
  • The Unbearable Lightness of Being? Shifts Towards the Virtual Trial
    • Núm. 35-4, Diciembre 2008
    • Journal of Law and Society
    This article examines the implications of allowing witnesses to give evidence in trials from other locations through the medium of ‘live link’. Academic commentary on this technological aid has to ...
    ...... Trial Linda Mulcahy* This article examines the implications of allowing witnesses to give ... on the impact it has on the defendant's right to cross-examine or the ability to judge ......
  • Our Archaic Forms of Execution
    • Núm. 4-3, Enero 1941
    • The Modern Law Review
    ...... to our modern notions of what is right and decent. If this system of execution ... by judgment summons must now be examined from the angle of ordinary debt ... proof of means on his right to cross-examine the debtor, and the case is ......
  • Investigation of Corrupt Practices: Government Inquiries and Investigations
    • Núm. 5-1, Marzo 1997
    • Journal of Financial Crime
    • 50-55
    Elaborate systems have been established to investigate and control the operation of government. These enable central government to deal with internal problems. But they also have important roles in...
    ...... t the m fro m th e publi c bod y examined. 1 0 I t ma y no t compe l othe r person s ... e th e opportunit y o f testin g b y cross-examinatio n conducte d b y hi s ow n ......
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Law Firm Commentaries
  • Focus on Dispute Resolution: the New Law
    • Mondaq United Kingdom
    ...... dismissal, set out in the Employment Rights Act and illustrated by the ACAS Code. There are ...This implies a right to cross examine, which is not currently established by ......
  • European Commission Launches Consultation on Cross-Border Inheritance Tax
    • Mondaq United Kingdom
    ...... to 2003, the European Commission did not think it was necessary to examine whether member states' IHT laws were compatible with the EU Treaty. ... EU citizens from fully exercising and benefiting from their right to move, as well as operate, freely within the EU. The consultation ......
  • English High Court Sets Aside International Arbitral Award for Failure to Comply with English Rule in Browne v. Dunn
    • JD Supra United Kingdom
    In an interesting May 2019 judgment, the English High Court in P v. D [2019] EWHC 1277 (Comm) set aside an arbitral award in a London-seated international commercial arbitration on the basis that t...
    ...... on a core issue not put to a witness in cross-examination, in contravention of the English rule ...-chief and for witnesses only to be cross-examined where requested by a party. If a party does not ... and evidential matters, subject to the right of the parties to agree any matter.” While ......
  • Employee Data Subject Access Requests: Part 2 – It’s complicated – extending the DSAR deadline (UK)
    • LexBlog United Kingdom
    In the second of our five part blog series on Data Subject Access Requests (DSARs), we examine the notion of “complexity” and how that might affect the way you respond as an employer to a DSAR. Wha...
    ...... Data Subject Access Requests (DSARs), we examine the notion of “complexity” and how that might ... the organisation, many such requests could cross the threshold into complexity. Imagine a DSAR ... in order to avoid infringing their privacy rights — not to mention any trade secrets or ......
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