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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Evidence - From: 1998 To: 1998

This page lists 17 cases, and was prepared on 21 May 2019.


 
 Regina v Lee; 1998 - (1998) 195 CLR 594; (1998) 157 ALR 394; (1998) 16 Leg Rep C1
 
Regina v Birchall Times, 10 February 1998; [1998] EWCA Crim 177; [1999] Crim LR 311
20 Jan 1998
CACD
Lord Bingham CJ
Evidence, Criminal Practice
The judge had failed in his direction to remind the jury that they had to find a case to answer before drawing any adverse inference from the defendant's silence at trial Held: The court must be careful not to omit any elements of the standard directions to the jury on the drawing of inferences from a defendant's silence in order to avoid any risk of injustice.
As to the model directions, Lord Bingham CJ said: "The Court was reluctant to countenance the view that direction of a jury called for the mouthing of a number of mandatory formulae, and departure by the trial judge from a prescribed form of words would by no means always justify the upsetting of a jury's verdict. However, standard directions were devised to serve the ends of justice and the Court must be astute to ensure that these ends were not jeopardised by failure to give directions where they were called for. The drawing of inferences from silence was a particularly sensitive area . ."
Criminal Justice and Public Order Act 1994 35
1 Citers

[ Bailii ]

 
 Regina v Mahmood; CACD 27-Jan-1998 - [1998] EWCA Crim 259
 
Lyle v Chipchase (a Firm); Chipchase Jarvis and Co (a Firm); Hall; Mayo; Giebel; From; Godfrey; Wimble and Gardiner [1998] EWCA Civ 362
26 Feb 1998
CA

Evidence, Banking

[ Bailii ]
 
Hawick Jersey International Ltd v Caplan Times, 11 March 1998
11 Mar 1998

Anthony May QC J
Evidence
The Plaintiff (H) claimed repayment of a loan to the defendant (C) of £10,000 made by means of a cheque. C denied it was a loan because he had supplied £10,000 cash. C secretly tape recorded a "without prejudice" meeting at which (a) H did not dispute and indeed accepted C's repeated assertions that the transaction was not a loan but one involving an exchange for £10,000 in cash and (b) H expressly or impliedly said that the proceedings were brought to persuade C to reach a fairer settlement or to settle other differences. Held: The without prejudice negotiations were being used as a cloak for unambiguous threats to continue to press a dishonest claim. There was an exception to the without prejudice rule, and the threats were admissible in evidence.
1 Citers


 
Halifax Plc v Lawson West (a Firm) Spencer and Fisch (a Firm) Grimmett and Anor Gould and Swayne (a Firm) [1998] EWCA Civ 786
7 May 1998
CA

Evidence
Leave to admit further evidence given.
[ Bailii ]
 
Gudmundur Kristjansson (the Trustee In Bankruptcy of Hodur Gudmundsson Albertsson) v R Verney and Co Ltd (Trading As Fuerst Day Lawson Fish) Nigel Francis [1998] EWCA Civ 1029
18 Jun 1998
CA

Evidence
The rule against the admission of without prejudice negotiations in evidence has an exception where the rule is used to hide unambiguous impropriety. That exception was not to be used to bring in mere inconsistencies in evidence.
1 Cites

1 Citers

[ Bailii ]
 
Dewan Moh Ali Haider v Kaliquel Zaman Robal Uddin Choudry Second [1998] EWCA Civ 1162
7 Jul 1998
CA

Torts - Other, Evidence

[ Bailii ]
 
W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc [1998] EWHC Technology 304
31 Jul 1998
TCC
Judge Hicks QC
Construction, Evidence, Damages
Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to apportion blame, he could return to rely upon the question of onus. The parties had not alleged contributory negligence, and no apportionment could be made under the Act. There had been no sufficient agreement as to apportionment to prevent the judge reading it as necessary to give it business sense. Where there was multiple causation of damage, it was appropriate to distribute responsibility accordingly.
Court Service The Plaintiff, as sub-contractor to the Defendant, installed the pipework for a petrol filling station. The Defendant was responsible for the concrete supporting and surrounding the pipework. The pipework developed leaks and had to be replaced. The parties had agreed that the replacement works be carried out, reserving their positions as to the expense, for which each sought to make the other liable. The current trial was of liability only. In substance the only issue was whether the pipes failed because of faulty workmanship by the Plaintiff or because of the acts or omissions of the Defendant. Held: (i) the failure was caused equally by the defaults of the Plaintiff and the Defendant; (ii) there was no rule of law which prevented effect from being given to that finding; (iii) the Defendant should pay one third of the Plaintiff's costs of the trial.
Civil Liability (Contributions) Act 1978
1 Cites

[ Bailii ]
 
Regina v Hewitson, Bramich, Vincent [1998] EWCA Crim 2653
24 Sep 1998
CACD

Crime, Evidence
The defendants appealed their conviction after admission of evidence taken from secret tape recordings taken from a recording device hidden in the garage of one of the defendants. Held: The evidence had been properly admitted. It was not possible to say that the convictions were unsafe.
1 Cites

1 Citers


 
Bourns Inc v Raychem Corporation, Clifford Chance, Row and Maw, Latham and Watkins Times, 26 November 1998; [1999] FSR 641; [1999] 3 All ER 154
17 Oct 1998
PatC

Costs, Intellectual Property, Evidence
Where a party sought disclosure of documents in support an application in a costs taxation, the payee could choose not to disclose, but if he did so the payer was bound by implied undertakings to use them only for the purposes of that application and no other.
1 Cites

1 Citers


 
Regina v Taylor and Goodman Times, 03 November 1998; [1998] EWCA Crim 3039
27 Oct 1998
CACD

Evidence, Crime
An accomplice called by the prosecution should have his convictions disclosed by the prosecution before being called. A defendant's bad criminal record should be disclosed if he made serious allegations against a prosecution witness. The judge had a discretion.
[ Bailii ]
 
Mearns v Smedvig Limited and others [1998] ScotCS 76
25 Nov 1998
SCS
Lord Eassie
Evidence
"A party seeking to lead a witness with purported knowledge or experience outwith generally recognised fields would need to set up by investigation and evidence not only the qualifications and expertise of the individual skilled witness, but the methodology and validity of that field of knowledge or science."
1 Citers

[ Bailii ]
 
Regina v Mark Somers [1998] EWCA Crim 3430
2 Dec 1998
CACD
Lord Justice Henry Mr Justice Mitchell And His Honour Judge David Mellor
Evidence
The defendant appealed a conviction for theft from his employer. There were burglaries in circumstances which suggested help from within the company. The defendant now appealed the non-admission of evidence showing a co-worker had been soliciting such assistance. It was said that evidence went only as to her credit. Held: This evidence was not sufficiently relevant to justify its admission. To have admitted it would have wasted the jury's time, unnecessarily extended the trial, and confused the issues to no ultimate point.
1 Cites

[ Bailii ]
 
Regina v McNamee [1998] EWCA Crim 3524
17 Dec 1998
CACD
Lord Justice Swinton Thomas Mr Justice Garland And Mr Justice Longmore
Evidence
The defendant appealed convictions for causing explosions likely to endanger life. Subsequent evidence had come to light through the investigations of the Criminal Cases Review Commission, and he appealed. Various bomb material caches had been found, and the defendant's fingerprints were found on them. Evidence suggesting that a different group of men were responsible was withheld from the defence. The defendant asserted innocent explanations for the fingerprints. The fingerprint experts also disagreed as to the value of the marks found. The court could not be sure that a jury hearing the evidence would have convicted. As to the non-disclosure, the impact of the fresh evidence on the case is not conclusive, but it is such as to render the verdict of the jury unsafe.
Criminal Appeal Act 1995
[ Bailii ]
 
Regina v Hayrettin Bora [1998] EWCA Crim 3526
23 Dec 1998
CACD
Lord Justice Auld Mr Justice Latham His Honour Judge Myerson
Evidence
The defendant appealed a conviction for supplying heroin. He had been present at different stages of what was a supply of a substantial amount of the drug, but was at no time seen in possession either of the drug or money. The main prosecution witness, a co-defendant had subsequently been shown to have lied, and evidence to support that had been withheld from the defence. Held: The conviction was unsafe, and a re-trial was ordered.
[ Bailii ]
 
Regina v McAndrew-Bingham Gazette, 03 February 1999; Times, 28 December 1998
28 Dec 1998
CACD

Criminal Practice, Evidence
The offence of attempted child-abduction is an offence of assault or threat of injury, and so the evidence in chief of the child complainant could be given by video recording, and any cross examination be done by live television link.
Child Abduction Act 1984 2 - Criminal Justice Act 1988 32(2)(a)

 
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