Unconstitutionally Obtained Evidence in UK Law
Leading Cases
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National Westminster Bank Plc v Spectrum Plus Ltd and Others
... ... amounts paid by way of taxes unconstitutionally imposed began with the first year in which they ... It opened an account with the bank, obtained an overdraft facility of £250,000 and, on 30 ... There is no evidence that any instructions regarding Spectrum's ... ...
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Gur Corporation v Trust Bank of Africa Ltd
... ... regimes which come to power unconstitutionally in the light of our assessment of whether they ... Bank and the Ciskei must rely on other evidence for the proposition that South Africa still ... is indistinguishable from that which obtained in the case of the G.D.R. and its government at ... ...
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The “Maduro Board” of the Central Bank of Venezuela v The “Guaidó Board” of the Central Bank of Venezuela
... ... The Maduro Board then sought and obtained permission to appeal (from Hickinbottom LJ) ... regimes which come to power unconstitutionally in the light of our assessment of whether they ... to have been treated as a question of evidence. Similarly, in The Charkieh (1873) LR 4 A & E ... ...
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Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
... ... He then heard oral evidence on two days in December 1991 and on one day in ... 157 Mr Saffi had obtained informal permission to station a few IAC aircraft ... regimes which come to power unconstitutionally in the light of our assessment of whether they ... ...
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Books & Journal Articles
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Overruling the protectionist exclusionary rule
In April 2015 the Irish Supreme Court held, in DPP v JC, that the rather strict exclusionary rule relating to unconstitutionally obtained evidence which had operated in that jurisdiction for the pa...... ... exclusionary rulerelating to unconstitutionally obtained evidence which had operated in that ... ...
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Exclusion of Evidence: DPP (Walsh) v Cash
... ... , Dublin City UniversityKeywords Exclusionary rule; Improperly obtained evidence; Fingerprintevidence; Police investigations; Irelandn January ... has operated in Ireland for many years in thecontext of unconstitutionally obtained evidence. While he ultimately held thatthe rule was inapplicable ... ...
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The Admissibility in Seychelles of Improperly Obtained Fingerprint Evidence: A Comment on Jean François Adrienne & Another v. R (Criminal Appeal SCA25 & 26/2015) [2017] SCCA 25 (11 AUGUST 2017)
... ... The notable feature of the Constitution's specific exclusionary provision is that it does not provide for automatic exclusion of unconstitutionally obtained evidence. Evidence must be excluded only if it (a) renders the trial unfair; or (b) is otherwise detrimental to the administration of ... ...
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The admissibility of evidence obtained through human rights violations in Zambia: Revisiting Liswaniso v The People (1976) Zambia Law Reports 277
In the 1976 case of Liswaniso v The People, the Zambian Supreme Court held that illegally obtained evidence is admissible as long as it is relevant. Since then, unsuccessful attempts have been made...... ... through violating human rights.Keywordsadmissibility, human rights violation, illegally obtained evidence, Liswaniso v The People,unconstitutionally obtained evidence, ZambiaIntroductionThe 1976 Zambian Supreme Court decision of Liswaniso v The People1is the leading authority in thatcountry on the ... ...
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Law Firm Commentaries
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2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review
Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cr...... ... under the Dodd-Frank Act were unconstitutionally vague because they encompass innocuous ... testimony did not “taint” the evidence used by the government.43 ... The case, ... , holding that incriminating statements obtained by foreign ... governments must be ... ...
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