Witness Statements in UK Law

Leading Cases
  • Taylor v Director of the Serious Fraud Office
    • House of Lords
    • 29 Oct 1998

    The policy of the immunity is to enable people to speak freely without fear of being sued, whether successfully or not. If this object is to be achieved, the person in question must know at the time he speaks whether or not the immunity will attach. If it depends upon the contingencies of whether he will be called as a witness, the value of the immunity is destroyed.

    In my view it is necessary for the administration of justice that investigators should be able to exchange information, theories and hypotheses among themselves and to put them to other persons assisting in the inquiry without fear of being sued if such statements are disclosed in the course of the proceedings.

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 Mar 2001

    In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based. The simpler the case the easier it is likely to be take that view and resort to what is properly called summary judgment.

  • R v Blastland
    • House of Lords
    • 25 Jul 1985

    It is, of course, elementary that statements made to a witness by a third party are not excluded by the hearsay rule when they are put in evidence solely to prove the state of mind either of the maker of the statement or of the person to whom it was made. What a person said or heard said may well be the best and most direct evidence of that person's state of mind.

  • R (Guardian News and Media Ltd) v City of Westminster Magistrates' Court and another (Article 19 intervening)
    • Court of Appeal (Civil Division)
    • 03 Abr 2012

    In a case where documents have been placed before a judge and referred to in the course of proceedings, in my judgment the default position should be that access should be permitted on the open justice principle; and where access is sought for a proper journalistic purpose, the case for allowing it will be particularly strong. The court has to carry out a proportionality exercise which will be fact-specific.

  • Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
    • Queen's Bench Division (Commercial Court)
    • 15 Nov 2013

    The effect of this process is to establish in the mind of the witness the matters recorded in his or her own statement and other written material, whether they be true or false, and to cause the witness's memory of events to be based increasingly on this material and later interpretations of it rather than on the original experience of the events.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

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Legislation
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... avoid undue formality and may itself question the parties or any witnesses so far as appropriate in order to clarify the issues or elicit the ...SCH-1.44 . . 44. Inspection of witness statements . Subject to rules 50 and 94, any witness statement which stands as ......
  • The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... (d) (d) to give evidence as a witness; . (e) (e) to produce a document; or . (f) (f) to facilitate the ... far as practicable, any documentary evidence (including witness statements) that the respondent intends to rely on. . (5) The applicant must send or ......
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ...... . (1) Evidence of one witness is sufficient for the purpose of establishing that an offender has failed ... Witness statements Witness statements . S-54 . Witness statements 54 Witness statements . ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Claim stayed if it is not defended or admitted . PART 16 . Statements Of Case . Rule 16.1 . Part not to apply where claimant uses Part 8 ... Rule 22.3 . Failure to verify a witness statement . Rule 22.4 . Power of the court to require a document to be ......
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Books & Journal Articles
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Law Firm Commentaries
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