Witness Summons in UK Law

Leading Cases
  • Erika Jeep Morris v Ian Paul Hatch
    • Chancery Division
    • 19 Jun 2017

    But it is also clear that the court must balance the interests of justice in the fair disposal of the claim with competing outside interests. And the fact that a party issuing a witness summons has motives going beyond the purposes of the particular action does not by itself make the issue of the summons oppressive.

  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 Jun 1995

    It is a fundamental condition on which the administration of justice as a whole rests. It is a fundamental condition on which the administration of justice as a whole rests. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case.

  • Tajik Aluminium Plant v Hydro Aluminium as
    • Court of Appeal (Civil Division)
    • 19 Feb 2007

    Rule 34.2 does not contain any provision comparable to section 2(4) of the Evidence (Proceedings in Other Jurisdictions) Act 1975, but Lord Fraser's observations are nonetheless helpful because they provide an example of the ways in which, without describing them individually, it may be possible to identify the documents to be produced with sufficient certainty to leave no real doubt in the mind of the person to whom the summons is addressed about what he is required to do.

  • Re M (A Child) (Care Proceedings: Witness Summons)
    • Court of Appeal (Civil Division)
    • 19 Ene 2007

    In considering whether to make an order, the judge will have to balance the need for the evidence in the circumstances of the case against what he assesses to be the potential for harm to the child. In assessing the need for oral evidence in the context of care proceedings, the judge should, in my view, take account of the importance of the evidence to the process of his decision about the child's future.

  • Senior v Holdsworth, ex parte Independent Television News Ltd
    • Court of Appeal (Civil Division)
    • 26 Mar 1975

    The law, as it now stands, does not enable the Court to refuse to issue a witness summons (or subpoena) for the production of documents upon due application. The remedy available to the person served is to move to set the summons aside. Further, even if the document sought be relevant and not otherwise privileged from production, the Court has a residual discretion in certain circumstances to protect the document and set the summons aside.

  • R v B. County Council, ex parte P
    • Court of Appeal (Civil Division)
    • 17 Ene 1991

    Research has shown the adverse effects upon some children of the requirement to give evidence in cases of sexual abuse. The philosophy behind the Children Act would be thwarted by the ability of the alleged abuser himself being able to require the attendance of the child at court. A court should be very cautious in requiring the attendance of a child in these cases, reinforced as it must be by considerations as to how to deal with a refusal to give evidence after the issue of the summons.

  • R (B) v Stafford Crown Court
    • Queen's Bench Division (Administrative Court)
    • 03 Jul 2006

    In my judgment, procedural fairness in the light of Article 8 undoubtedly required in the present case that TB should have been given notice of the application for the witness summons, and given the opportunity to make representations before the order was made. Since the rules did not require this of the person applying for the summons, the requirement was on the court as a public authority, not on W, the defendant.

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  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... (d) to give evidence as a witness; . (e) to produce a document; or . (f) to facilitate the inspection of a ... (a) by summons (or, in Scotland, citation) require any person to attend as a witness at a ......
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... . (a) the name and. address of any witness the accused believes is able to give evidence. in support of the alibi, if ... . (2) In. subsection (2) (no warrant where summons" has been issued unless. certain conditions fulfilled) for the words from \xE2\x80"......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 22.3 . Failure to verify a witness statement . Rule 22.4 . Power of the court to require a document to be ... Rule 34.1 . Scope of this Part . Rule 34.2 . Witness summonses . Rule 34.3 . Issue of a witness summons . Rule 34.4 . Witness summons ......
  • Criminal Procedure (Attendance of Witnesses) Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......effect, but without prejudice to any recognisance entered into. under that section before the commencement of this Act. S-2 . Summons to witness to attend court of assize or quarter sessions. 2 Summons to witness to attend court of assize or quarter sessions. . (1) For the ......
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Books & Journal Articles
  • Legal Privilege in Criminal Cases Generally, and Money‐Laundering Cases in Particular
    • Núm. 4-1, Marzo 2000
    • Journal of Money Laundering Control
    • 26-36
    Significant problems arise where an investigating authority searches premises for relevant material and the holder of the material asserts a claim of legal privilege over some, if not all, of the d...
    ......' s attendanc e notes , an d a cop y o f th e prosecutio n witness' s proo f o f evidenc e disclosin g hi s instructions . Th e sti - pendiar y magistrat e issue d th e witnes s summons , havin g weighe d th e publi c interes t i n protectin g solicito ......
  • Public Interest Immunity and Disclosure of Unused Materials in Criminal Proceedings
    • Núm. 7-4, Febrero 2000
    • Journal of Financial Crime
    • 330-335
    This paper focuses on public interest immunity (PII) and disclosure of unused material in the context of criminal proceedings. PII used to be referred to as Crown privilege and was hardly ever rais...
    ...... , note s mad e b y inves - tigator s i n interviewin g witnesses , tap e recording s o f interview s an d thei r transcripts , an d ......
  • The Dangers of New Technology — Laundering on the Internet
    • Núm. 5-1, Marzo 2001
    • Journal of Money Laundering Control
    • 87-95
    Out of all the recent surveys, perhaps two statistics are of greater significance than others:
    ...... a s t o th e possibilit y o f obtaining , vi a a witnes s summons , document s hel d b y suc h authoritie s a s th e Financia l ......
  • Modernising the regulation of health and social care professionals: the Law Commissions’ final report and draft Bill
    • Núm. 16-6, Diciembre 2014
    • The Journal of Adult Protection
    • 411-420
    Purpose: – The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals. Design/methodology/approach: – To s...
    ...... establishes for the first time a single consistent definition of witnesses who are eligible for special measures. Certain procedural matters would be ... to practise hearings, such as the right to representation, witness summons and powers to join cases. In addition, the Government will be given a ......
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Law Firm Commentaries
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