Berger v Raymond Sun Ltd: 1984

The court distinguished the test of the admissibility of evidence of similar facts from the criteria according to which the court should exercise its discretion to exclude such evidence. He said that the test of admissibility was the same in civil and in criminal cases.
Warner J
[1984] 1 WLR 625
England and Wales

  • Cited – Sattin v National Union Bank Ltd CA 21-Feb-1978
    The plaintiff sought damages from the loss of a diamond deposited with the defendant bank as security. He asked to present evidence about the experience of another customer who had lost jewellery he had deposited with it.
    Held: The proposed . .
    (1978) 122 SJ 367
  • Cited – Makin v Attorney-General for New South Wales PC 12-Dec-1893
    The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons . .
    [1894] AC 57, [1893] UKPC 56

Cited by:

  • Cited – O’Brien v Chief Constable of the South Wales Police CA 23-Jul-2003
    The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence.
    Held: Comparisons between admission of similar fact evidence in civil and criminal . .
    [2003] EWCA Civ 1085, Times 22-Aug-03, Gazette 02-Oct-03
  • Cited – Thorpe v Chief Constable of Greater Manchester Police CA 1989
    The plaintiff was arrested at a demonstration, charged with obstructing the highway and convicted before the magistrates. His conviction was quashed by the Crown Court on appeal. He sued for assault, unlawful arrest, false imprisonment and malicious . .
    [1989] 1 WLR 665
  • Cited – O’Brien v Chief Constable of South Wales Police HL 28-Apr-2005
    The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had . .
    [2005] UKHL 26, Times 29-Apr-05, [2005] 2 WLR 1038, [2005] 2 All ER 931, [2005] 2 AC 534

These lists may be incomplete.
Updated: 02 December 2020; Ref: scu.186047