Right to Cross Examine in UK Law
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R (D) v Secretary of State for the Home Department
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We note that the 2005 Act does not give parties represented at an inquiry under it rights to cross-examine witnesses. By section 17(1), the procedure and conduct of the inquiry are to be as the chairman may direct and, by section 17(3), he must act with fairness and with regard to the need to avoid unnecessary cost. It is a matter for the chairman of the particular inquiry to decide whether and to what extent to permit interested parties or their representatives to ask questions of witnesses.
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.
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Murdoch v Taylor
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Rall v Hume
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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.
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R v Bruce (Steven)
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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.
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R v A (No 2)
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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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Wages Councils Act 1979
... ... any right to recover such sums by civil proceedings ... cross-examine him if he gives evidence and any ... ...
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Food and Drugs Act 1938
... ... may at all reasonable times examine any food intended ... for human consumption which ... or interfered with ... Right to have samples analysed. 69 Right to have ... the right to cross-examine him, if he gives ... evidence, and any ... ...
- The Criminal Procedure Rules 2015
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Infrastructure Act 2015
... ... for giving members of communities the right to buy stakes in local renewable electricity ... Act 2008 (appointment of Panel to examine application for order granting development ... section 14 (powers as respects roads that cross or join trunk or classified roads), in subsection ... ...
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The Right to Cross-Examination and Witness Protection in Ethiopia: Comparative Overview
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...... ... and foreign case law reveals that, 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 Inquiry in favor of ... ...
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The Unbearable Lightness of Being? Shifts Towards the Virtual Trial
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 ...... ... on the impact it has on the defendant's right to cross-examine or the ability to judge ... ...
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A Comparison and Critique of Closed Court Hearings
Another example of the recent trend of departure from traditional criminal due process requirements in the ‘terrorism era’ is the increased use of ‘closed court’ hearings in relation to the introdu...... ... led against them, and (b)their ability to cross-examine witnesses being used against them is ... They alsocontradict the right to confront accusers, a right traceable to Roman ... ...
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Administrative Justice
... ... him, or to test that case by cross-examination ; complaints that a party has ... to be available to the subject a right of resort to the ordinzry courts in at ... refusal of the right to cross-examine adverse witnesses, whether experts or ... ...
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Focus on Dispute Resolution: the New Law
... ... meetings (which do not attract the right to be accompanied or the statutory procedural ... This implies a right to cross examine, which is not currently established by ... ...
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European Commission Launches Consultation on Cross-Border Inheritance Tax
... ... 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 ... ...
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English High Court Sets Aside International Arbitral Award for Failure to Comply with English Rule in Browne v. Dunn
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 ... of a witness, and thus does not cross-examine on any core issues, that party is not deemed to ... and evidential matters, subject to the right of the parties to agree any matter.” While ... ...
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Employee Data Subject Access Requests: Part 2 – It’s complicated – extending the DSAR deadline (UK)
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 ... about the requester, the employer has the right to ask the requester to specify the information ... ...