swarb.co.uk - law index
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Evidence - From: 1996 To: 1996
This page lists 9 cases, and was prepared on 21 May 2019.
Liddell v Middleton; CA 1996 - [1996] PIQR P36
Ghulam Yasim v Secretary of State for the Home Department [1996] EWCA Civ 707
1996
CA
Evidence
The court rejected a submission that, in a civil claim, sections 76 to 78 PACE precluded reliance altogether upon any evidence by an interview undertaken without a prior caution. Those exclusionary provisions were confined, the Court made clear, to criminal proceedings. However: "1. Were the court to be satisfied that answers had been obtained by oppression, the weight to be accorded to evidence may nonetheless be reduced so that very little, if any weight could be accorded to it.
2. oppression requires the exercise of authority or power in a burdensome, harsh, or wrongful manner; unjust or cruel treatment of subjects, inferiors, etc, or the imposition of unreasonable or unjust burdens 'in circumstances which almost always entail some impropriety by the interrogator'.
Police and Criminal Evidence Act 1984 76 77 878
1 Citers
Regina v Governor of Brixton Prison and Another, Ex Parte Levin Times, 11 March 1996
11 Mar 1996
QBD
Evidence, Extradition
Extradition proceedings are criminal proceedings so as to allow the admission of computer printout under criminal procedures.
Police and Criminal Evidence Act 1984$ 69
1 Citers
In Re N (A Minor) (Child Abuse: Evidence) Times, 25 March 1996
25 Mar 1996
CA
Children, Evidence
Expert's assessment of child's video evidence does not include that expert's judgment of the truth of the contents.
In re M and R (Child abuse: Expert Evidence); CA 21-May-1996 - [1996] 2 FLR 195; [1996] 4 All ER 239; [1996] EWCA Civ 1317; [1996] Fam Law 541; [1996] 2 FCR 617
Regina v Kokogho and Kokogho [1996] EWCA Crim 726
31 Jul 1996
CACD
Lord Justice Roch, Mr Justice Collins, And His Honour Judge Myerson Qc
Evidence, Criminal Practice
The defendants appealed convictions for fraud. It was alleged they had made multiple and false claims for housing and other benefits. Some evidence was admitted which should only have been admitted on the basis of it being similar fact evidence. Although the section would require no question to be put as to the defendant's character, in this case, he had himself made reference to such matters. Held: Any defect had been cured by the judge's careful direction. There was no duplicity in the charges. The defendants knew for which matters they had been convicted. Appeal dismissed.
Criminal Evidence Act 1898 1(f)
1 Cites
[ Bailii ]
Regina v Secretary of State for Home Department ex parte Finninvest SPA [1996] EWHC Admin 147; [1996] EWHC Admin 147
25 Oct 1996
Admn
Lord Justice Simon Brown, Mr. Justice Gage
Evidence
The appellant sought leave to appeal to the House of Lords. They certified three questions, as to whether the word "evidence" in the 1990 Act has the same or a wider meaning than in the 1975 Act, whether making an illicit contribution to a political party was a political offence within the 1959 convention, and was it a political offence per se. Nevertheless the questions were each borderline, and leave was refused.
Criminal Justice (International Co-operation) Act 1990 - Evidence (Proceedings in Other Jurisdictions) Act 1975 - European Convention on Mutual Assistance in Criminal Matters 1959 Art 2
1 Cites
[ Bailii ]
Routestone Limited v Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd); Knight Frank and Rutley (a Firm) [1996] EWCA Civ 964; (1997) 21 EG 148
14 Nov 1996
CA
Butler-Sloss LJ
Negligence, Evidence
The judge should never lose sight of the central truths that the ultimate decision is for the court and that all questions of relevance and weight are for the court.
1 Cites
1 Citers
[ Bailii ]
Thomas v Commissioner of Police for Metropolis; CA 28-Nov-1996 - [1996] EWCA Civ 1052