The plaintiffs alleged breach of copyright case involving music and sought to have admitted in evidence similar fact evidence showing that the defendants had published music resembling material protected by copyright in the past. The defendant apealed.
Held: Lord Denning MR said: ‘The admissibility of evidence as to ‘similar facts’ has been much considered in the criminal law. Some of them have reached the highest tribunal, the latest of them being Reg v Boardman [1975] AC 421. The criminal courts have been very careful not to admit such evidence unless its probative value is so strong that it should be received in the interests of justice: and its admission will not operate unfairly to the accused. In civil cases the courts have followed a similar line but have not been so chary of admitting it. In civil cases the courts will admit evidence of similar facts if it is logically probative, that is, if it is logically relevant in determining the matter which is in issue: provided that it is not oppressive or unfair to the other side: and also that the other side has fair notice of it and is able to deal with it. ‘
Judges:
Lord Denning MR,Orr Browne LJJ
Citations:
[1976] Ch 119
Jurisdiction:
England and Wales
Citing:
Cited – Brown v Eastern and Midlands Railway Co 1889
. .
Cited – Moore v Ransome’s Dock Committee 1898
. .
Cited – Hales v Kerr 1908
The court heard evidence that individuals other than the plaintiff had contracted infectious diseases after being shaven by a barber who had a practice of using razors and appliances that were dirty and unsanitary.
Channell J said: ‘It is not . .
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 . .
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Evidence, Intellectual Property
Updated: 06 May 2022; Ref: scu.186042
