swarb.co.uk - law index
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Evidence - From: 1997 To: 1997
This page lists 14 cases, and was prepared on 21 May 2019.
Wisniewski v Central Manchester Health Authority [1997] PIQR 324; [1998] Lloyds Rep Med 223
1997
CA
Brooke LJ
Professional Negligence, Evidence
The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: "(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in an action. (2) If a court is willing to draw such inferences they may go to strengthen the evidence adduced on that issue by the other party or to weaken the evidence, if any, adduced by the party who might reasonably have been expected to call the witness. (3) There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue. (4) If the reason for the witness's absence or silence satisfies the court then no such adverse inference may be drawn. If, on the other hand, there is some credible explanation given, even if it is not wholly satisfactory, the potentially detrimental effect of his/her absence or silence may be reduced or nullified."
1 Cites
1 Citers
Director of Public Prosecutions v McKeown and Jones; HL 20-Feb-1997 - Times, 21 February 1997; [1997] UKHL 4; [1997] 1 All ER 737; [1997] 1 WLR 295; [1997] 2 Cr App Rep 155; [1997] Crim LR 522
Malhotra v Dhawan; CA 26-Feb-1997 - [1997] EWCA Civ 1096; [1997] 8 Med LR 319
Secretary of State for Trade and Industry v John Kevin Ashcroft; Barry Copp-Barton; Colin Graham Fynlo Corlett and Victoria Lilian Gay Sutcliffe; CA 26-Feb-1997 - Gazette, 19 March 1997; Times, 04 March 1997; [1997] EWCA Civ 1101
Mahon and Another v Rahn and Others (1) Times, 12 June 1997; [1998] QB 424
12 Jun 1997
CA
Otton LJ, Staughton LJ
Defamation, Evidence
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents in criminal proceedings preventing their use in civil proceedings. It was foreseeable that the information, if acted upon, would be made public. This applied whether or not the material was obtained under compulsion. There was no analogy between the position of the Crown in a criminal case and that of a party in civil proceedings. It could not be said that the Crown would be deterred from complying with its obligations of disclosure, whether at common law or now under statute, by concern that the accused might use the documents for some ulterior purpose. The rules of public interest immunity, immunity from suit and qualified privilege should be sufficient protection for people who might be adversely affected by collateral use of disclosed documents.
1 Cites
1 Citers
B (a Minor) [1997] EWCA Civ 1916
20 Jun 1997
CA
Children, Evidence
[ Bailii ]
Williams v Attridge Solicitors (a Firm); CA 8-Jul-1997 - [1997] EWCA Civ 2049
Bairstow; Marcus; Hersey and Porter v Queens Moat Houses Plc; CA 23-Jul-1997 - Times, 23 October 1997; [1997] EWCA Civ 2168; [1997] EWCA Civ 2290; [1997] EWCA Civ 2267; [1998] 1 All ER 343
Bolitho v City and Hackney Health Authority; HL 24-Jul-1997 - Gazette, 10 December 1997; Times, 27 November 1997; [1997] UKHL 46; [1998] AC 232; [1997] 4 All ER 771; [1997] 3 WLR 1151
Herbie Frogg Limited v Lee Barnett Needleman (a Firm) (2) [1997] EWCA Civ 2260
31 Jul 1997
CA
Evidence
[ Bailii ]
Regina v Isleworth Crown Court ex parte Marland; Admn 28-Oct-1997 - [1997] EWHC Admin 931
Azhar Hussain and Sajid Mahmood v Director of Pubic Prosecutions [1997] EWHC Admin 1115
11 Dec 1997
Admn
Evidence
[ Bailii ]
Ali Shipping Corporation v Shipyard Trogir [1997] EWCA Civ 3054; [1998] CLC 566; [1999] 1 WLR 314; [1998] 2 All ER 136; [1998] 1 Lloyds Rep 643
19 Dec 1997
CA
Beldam, Potter, Brooke LJJ
Evidence, Arbitration
In the case of an arbitration, there is a strong contractual presumption in favour of confidentiality and against non-disclosure. But this may be overridden by a court where necessary to protect a party's rights against a third party or in other exceptional circumstances where justice requires.
1 Citers
[ Bailii ]
Regina v Elliott; CACD 22-Dec-1997 - [1997] EWCA Crim 3419
