swarb.co.uk - law index
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Evidence - From: 1990 To: 1990
This page lists 4 cases, and was prepared on 21 May 2019.
Regina v Grannell (1990) 90 Cr App R 149; [1990] CLY 808
1990
CACD
Evidence
The complainat had seen the burglar/defendant, noted his car number and later identified the car to the police. He identified the defendant from a group identification, but the codes of practice were not followed. Held: Though the Codes had been breached the court must look to see whether this had lead to any unfairness, and in doing so the court of trial had a discretion to admit that evidenec. The admission of the identification evidence could not be faulted in this case.
Police and Criminal Evidence Act 1984
1 Citers
Regina v Spiby (1990) 91 Cr App R 186 CA
1990
Evidence
The printout from a computerised machine was used to monitor telephone calls. It automatically recorded information such as the numbers to which the calls were made and the duration of the calls. This was admitted as real evidence. It was held that where information is recorded by mechanical means without the intervention of human mind the record made by the machine is admissible, and was not hearsay.
1 Citers
Dubai Bank Ltd v Galadari (1990) Ch 98
1990
CA
Dillon LJ
Evidence, Legal Professions, International
A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the "pre-existing documents, and even documents on public records, have been selected by a solicitor for the purpose of advising his client and obtaining evidence and the solicitor has exercised skill and judgment in the selection."
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Derby and Co Ltd And Others v Weldon And Others (No 9) [1991] 1 WLR 652; [1991] 2 All ER 901
25 Jul 1990
ChD
Mr Justice Vinelott
Litigation Practice, Evidence
The court considered the application of rules relating to the discovery of documents to material held on computer: "the database of a computer, so far as it contained information capable of being retrieved and converted into readable form, and whether stored in the computer itself or in back-up files, was a document" and ". . there can be no distinction in principle between the tape used to record a telephone conversation in Grant v Southwestern and County Properties Ltd, which was an ordinary analogue tape on which the shape of sound waves is, as it were, mimicked by the pattern of the chemical deposit on the tape, and a compact disc or digital tape on which sound, speech as well as music, is mapped by co-ordinates and recorded in the form of groups of binary numbers. And so no clear dividing line can be drawn between digital tape recording messages and the database of a computer, on which information which has been fed into the computer is analysed and recorded in a variety of media in binary language."
The plaintiffs provided discovery by way of computer printouts. Some defendants sought access to the computer to obtain information about the transactions at issue. The plaintiffs resisted saying that the computer was not a document subject to discovery. Held: The computer database was a document capable of discovered. However the actual discovery ordered would be limited to matter material to the action, and made subject to other conditions so as to protect the records.
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