Noticeboard
| DOI | 10.1177/136571279700100505 |
| Published date | 01 December 1997 |
| Date | 01 December 1997 |
| Subject Matter | Article |
OTICEBOARD
Contributions
to
the
Noticeboard
are
invited.
Notices
should
be
sent
to
Roger
Leng,
School
of
Law,
University
of
Warwick,
Coventry
CV4
7AL
Tel:
01203 523168;
Fax:
01203 524105;
email
R.Leng@Warwick.ac.uk
Civil
Procedure
Act
1997 -
new
rule-making
powers
This Act transfers rule-making powers for
the
Court
of
Appeal (Civil Division),
the
High Court
and
County Courts to a newly
constituted
body,
the
Civil
Procedure Rules Committee.
Civil
proceedings
-
powers
to
secure
evidence
in
anticipation
of
proceedings
Bys. 7
of
the
Civil Procedure Act 1997 a
court
is empowered to make orders to
secure evidence for
the
purpose
of
proposed civil proceedings
on
the
application
of
a person who is a
party
to
such
proceedings
or
who is likely to
be a party.
By
s.
8
the
Lord Chancellor is given a power to extend
the
range
of
cases for which disclosure
of
documents
in
advance
of
the
institution
of
Proceedings may be ordered.
Compulsory
examination
under
the
Financial
Services
Act
-
admissibility
in
criminal
proceedings
in
breach
of
the
European
Convention
on
Human
Rights
An
accused person's answers,
in
the
course
of
compulsory
examination
under
s.
177
of
the
Financial serv'ices Act 1986 were admissible against
him
in
criminal proceedings,
notwithstanding
the
decision
of
the
European Court
on
Human
Rights
in
Saunders
(1997)
23
EHRR
313,
that
the
use
of
such
answers
Would
render
the
trial unfair.
Morrisey
and
Staines,
The
Times,
1
May
1997.
Contempt
by
juror
-
proof
The Court
of
Appeal has held
that
in
determining
whether
a
juror
is guilty
of
contempt,
the
<;ourt is
bound
by
s.
8(1)
of
the
Contempt
of
Court
Act 1981
Which bars disclosure
of
the
statements, opinions
or
votes
of
jurors
in
the
course
of
their
deliberations.
Schot
and
Barclay,
The
Independent,
16
May
1997;
The
Times,
14
May
1997.
THE
INTERNATIONAL
JOURNAL
OF
EVIDENCE
&
PROOF
419
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