Similar Fact Evidence in UK Law

Leading Cases
  • R v Boardman
    • House of Lords
    • 13 Nov 1974

    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.

  • O'Brien v Chief Constable of South Wales Police
    • House of Lords
    • 28 Abr 2005

    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.

  • R v Scarrott
    • Court of Appeal (Criminal Division)
    • 15 Jun 1977

    Positive probative value is what the law requires, if similar fact evidence is to be admissible. Such probative value is not provided by the mere repetition of similar facts; there has to be some feature or features in the evidence sought to be adduced which provides a link – an underlying link as it has been called in some of the cases. The existence of such a link is not be be inferred from mere similarity of facts which are themselves so common place that they can provide.

  • Michael Obrien and Chief Constable of The South Wales Police/
    • Court of Appeal (Civil Division)
    • 23 Jul 2003

    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.

  • R v Novac
    • Court of Appeal (Criminal Division)
    • 15 Dez 1976

    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.

  • DPP v P
    • House of Lords
    • 27 Jun 1991

    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.

  • R v Z
    • House of Lords
    • 22 Jun 2000

    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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  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ...... been convicted of, or cautioned for, a similar offence,. . . a constable may not give the Evidence Act 1984 (consultation with the Director of ... by one person to another by reason of the fact that they are jointly engaged in unlawful ......
  • Consumer Rights Act 2015
    • England & Wales
    • 01 de Janeiro de 2015
    ......) What is a reasonable time is a question of fact. . (8) If a person fails to comply with a ... . . (d) exclude or restrict rules of evidence or procedure. . (3) The reference in ... contract, or any consumer notice, of a similar kind or with a similar effect. . (4) It is not ......
  • Immigration Act 2016
    • UK Non-devolved
    • 01 de Janeiro de 2016
    ...... section 114B of the Police and Criminal Evidence Act 1984). . (5) In this section “worker” ... as it considers appropriate to bring that fact to the attention of—. . . (a) the subject;. ... a director, manager, secretary or other similar officer of the body;. . . “working day” ......
  • The Employment and Support Allowance Regulations 2013
    • UK Non-devolved
    • 01 de Janeiro de 2013
    ...... “Medical Evidence Regulations” means the Social Security (Medical ... or in respect of a person by reason of the fact that that person is following a course of ... treatment as a patient in a hospital or similar institution, or which is a day of recovery from ......
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Books & Journal Articles
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Law Firm Commentaries
  • Success For John Caudwell In Claim Against Former Chief Exec Of Signia Wealth
    • Mondaq UK
    ...... 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 ......
  • (UK) Winding Up Petitions – The Hurdle of the Coronavirus Test
    • LexBlog United Kingdom
    The recent case of Re A Company [2021] EWHC 2289 (Ch) outlines how the coronavirus test for winding up petitions will be applied by the Courts. Taking a similar approach, to the cases of Newman v T...
    ......Taking a similar approach, to the cases of Newman v Templar Corp ...In this case the debtor company’s evidence addressed the fact that the company had ......
  • FCA Launches Guidance For Businesses On Evidence Required For Business Interruption Claims
    • Mondaq UK
    ......should be submitted. Furthermore, they should be mindful of the. fact that FCA considers that fair claims handling means that: . a) the ...policyholder to submit the same or similar evidence as that is. deemed to be unfair when the insurer is in possession ......
  • Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?
    • JD Supra United Kingdom
    It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular...
    ......In fact, it was a pretty ordinary and typical case. But it is a good example of ...What determined the result, in the main, was quite simply the similarity between the registered mark and the defendant’s sign “glee” and the ......
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