Similar Fact Evidence in UK Law
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R v Boardman
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The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.
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O'Brien v Chief Constable of South Wales Police
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And if those engaged in the recent event had in the past been involved in events of an apparently similar character, attention would be paid to those earlier events as perhaps throwing light on and helping to explain the event which is the subject of the current enquiry. To regard evidence of such earlier events as potentially probative is a process of thought which an entirely rational, objective and fair-minded person might, depending on the facts, follow.
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R v Novac
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According to P he was subsequently taken to another address where the offence alleged in Count 7 was committed when the boy and Raywood were sharing a bed. The fact that the boys may in each case have been picked up by Raywood in the first instance at amusement arcades may be a feature more nearly approximating to a "unique or striking similarity" within the ambit of Lord Salmon's principle.
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Michael Obrien and Chief Constable of The South Wales Police/
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It follows that in civil proceedings, as opposed to criminal proceedings, the first question to be asked is whether the similar fact evidence is admissible. To be admissible it must be logically probative of an issue in the case, and the first part of the House of Lords' test in P must be applied to exclude evidence which is not sufficiently similar to the evidence in the case before the court.
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R v Lunt
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(5) If the evidence is positively probative in the foregoing sense the judge will nevertheless have a discretion to exclude it if it "would probably have a prejudicial influence on the minds of the jury which would be out of proportion to its true evidential value": see R. v. Sang, [1980] AC 402, at p.434.
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R v Z
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Similar facts are admissible because they are relevant to the proof of the defendant's guilt. The fact that a number of witnesses come forward and without collusion give a similar account of the defendant's behaviour may give credit to the evidence of each of them and discredit the denials of the defendant. This is the simple truth upon which similar fact evidence is admitted: it has probative value and is not merely prejudicial.
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DPP v P
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From all that was said by the House in Reg. v. Boardman I would deduce the essential feature of evidence which is to be admitted is that its probative force in support of the allegation that an accused person committed a crime is sufficiently great to make it just to admit the evidence, notwithstanding that it is prejudicial to the accused in tending to show that he was guilty of another crime.
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Serious Crime Act 2015
... ... under this section is admissible in evidence in proceedings against that person for an ... a director, manager, secretary or other similar officer of the body corporate; and for this ... (6) A person is taken to have shown the fact mentioned in subsection (5)(a) or (b) if- ... (a) ... ...
- Consumer Rights Act 2015
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Domestic Abuse Act 2021
... ... in certain circumstances to give evidence or otherwise participate in civil proceedings; to ... may be behaviour “towards” B despite the fact that it consists of conduct directed at another ... also section 45(8) and (9) , which makes similar provision where an order has been varied.) ... ...
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The Criminal Procedure Rules 2015
... ... TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE ... ...
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Case Management, Similar Fact Evidence in Civil Cases, and a Divided Law of Evidence
It is widely assumed that, by virtue of their acquired professional skills, judges are markedly better than jurors at performing complex adjudicative tasks and that they are less susceptible to the...
- The Prejudice against Similar Fact Evidence
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The Role of Gender in Judicial Decision-Making: Similar Fact Evidence, the Rose West Trial and beyond
This article uses the trial of Rose West as a window through which to examine and understand some of the processes underlying decisions to allow or exclude similar fact evidence in rape and other s...
- FORBIDDEN REASONING PERMISSIBLE: SIMILAR FACT EVIDENCE A DECADE AFTER BOARDMAN
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Success For John Caudwell In Claim Against Former Chief Exec Of Signia Wealth
... ... a careful and considered analysis of the evidence and produced a detailed Judgment determining ... that her claim was supported by alleged similar fact evidence in relation to events in a separate ... ...
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How Will Ed Sheeran's Copyright Infringement Win Impact The Music Industry?
... ... ascertaining that there is in fact an established copyright in ... place. Under UK ... rule as to how similar two pieces of work need to be for the latter ... Interestingly, similar fact evidence was allowed to be submitted ... in this case ... ...
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Property Newsletter: January 2023
... ... admissibility of similar fact evidence in a '10m prof neg ... claim about ... ...
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Employment Essentials, The 2023 Mid-Year Report: Part 2 - Cases
... ... will always be context-specific. The fact that the issue arises ... within a relationship ... whistleblowing statutory regimes are similar in some respects, they ... are distinct and ... this case. The medical evidence was that Mr McQueen found it ... difficult to ... ...
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Draft directions for a compensation reference
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... exchange the statements of any witnesses of fact on whose evidence they wish to rely. Each witness ... the hearing bundle; the parties may agree similar arrangements for exchange between themselves ... ...
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Draft directions for a rating appeal
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... exchange the statements of any witnesses of fact on whose evidence they wish to rely. Each witness ... the hearing bundle; the parties may agree similar arrangements for exchange between themselves ... ...
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T611)
Includes the refund form for claimants.... ... which evidence is heard and legal arguments are made with a ... similar to what happens in an ordinary court. Mediation ... The fact that ... mediation is taking place will not delay ... ...
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Form D8
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... The information you give will be used as evidence by ... the court to decide if you are entitled to ... a similar document issued under the law in the country you ... more of the following reasons to support the fact that your marriage ... or civil partnership has ... ...