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Chapter

Cover The Modern Law of Evidence

14. Hearsay admissible at common law  

This chapter considers the following categories of hearsay: statements in public documents; works of reference; evidence of birth, age, and death; evidence of reputation; statements forming part of the res gestae; and statements which are admissions made by an agent of a defendant. All of these categories were established at common law as exceptions to the rule against hearsay, and all of them have been preserved by statute. The categories relating to age and res gestae have been preserved in criminal but not civil proceedings. All of the other categories have been preserved in both criminal and civil proceedings.

Chapter

Cover The Modern Law of Evidence

14. Hearsay admissible at common law  

This chapter considers the following categories of hearsay: statements in public documents, works of reference, evidence of birth, age, and death, evidence of reputation, statements forming part of the res gestae, and statements which are admissions made by an agent of a defendant. All of these categories were established at common law as exceptions to the rule against hearsay, and all of them have been preserved by statute. The categories relating to age and res gestae have been preserved in criminal but not civil proceedings. All of the other categories have been preserved in both criminal and civil proceedings.

Chapter

Cover The Principles of Equity & Trusts

17. Liability for Breach of Trust and Fiduciary Duty  

This chapter examines the nature of the liabilities of trustees for a breach of trust and fiduciary duty. The chapter particularly focuses on the operation of particular doctrines which may be engaged when a trustee or fiduciary may have breached their duty. The extent to which the liability of a trustee or fiduciary can be excluded is considered. The extent to which the court may, in the exercise of judicial discretion, determine that it is not appropriate to hold a trustee liable is examined. The law on the limitation of liability is also examined as regards different claims relating to breach of trust and breach of fiduciary duty. This chapter also explores issues concerning liabilities between trustees, liability of trustees to creditors, and their liabilities for breach of trust before appointment and after retirement.

Chapter

Cover The Modern Law of Evidence

10. Visual and voice identification  

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre-trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).

Chapter

Cover The Modern Law of Evidence

11. Evidence obtained by illegal or unfair means  

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. The principles for exclusion of evidence are considered, and exclusion in both civil and criminal cases is covered. In respect of civil cases, discretionary exclusion under the civil procedure rules is examined, and in respect of criminal cases, discretionary exclusion at common law and under statute is discussed. The chapter also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.

Chapter

Cover The Modern Law of Evidence

15. Confessions  

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.

Chapter

Cover Immigration & Asylum Law

13. Exclusion from asylum  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter considers the provisions whereby an individual can be excluded from refugee status because of their conduct. These are as laid down in the Refugee Convention and the EC Qualification Directive. These powers were little used in the twentieth century, but now are used increasingly often in the context of the escalation in international action against terrorism. Their interpretation and application are affected by domestic legislation, in the UK, the Nationality Immigration and Asylum Act 2002, the Immigration Asylum and Nationality Act 2006, and the Terrorism Acts of 2000 and 2006, and draw on international criminal law. The chapter discusses up-to-date case law on exclusion from refugee status based on crimes against humanity, serious non-political crimes, and acts against the purpose and principles of the United Nations. It deals with the issue of complicity and the relationship with the UK’s anti-terrorism legislation. It also deals with the situations in which refugees can be removed from the host country.

Chapter

Cover International Law

26. International Refugee and Migration Law  

Geoff Gilbert and Anna Magdalena Rüsch

This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.

Chapter

Cover The Modern Law of Evidence

11. Evidence obtained by illegal or unfair means  

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. The principles for exclusion of evidence are considered, and exclusion in both civil and criminal cases are covered. In respect of civil cases, discretionary exclusion under the civil procedure rules is examined, and in respect of criminal cases, discretionary exclusion at common law and under statute is discussed. The chapter also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.

Chapter

Cover The Modern Law of Evidence

12. Hearsay in criminal cases  

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Art 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay, and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (s 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under s 9 of the Criminal Justice Act 1967; and depositions of children and young persons under s 43 of the Children and Young Persons Act 1933.

Chapter

Cover The Modern Law of Evidence

15. Confessions  

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.

Chapter

Cover The Modern Law of Evidence

19. Evidence of character: evidence of bad character in criminal cases  

This chapter begins with an introduction to the statutory framework governing the admissibility of bad character evidence. It goes on to consider the statutory definition of ‘bad character’ and to discuss the admissibility of evidence of bad character in criminal cases under the Criminal Justice Act 2003, namely: the admissibility of the bad character of a person other than the defendant and the requirement of leave; the admissibility of evidence of the bad character of the defendant under various statutory ‘gateways’, including the gateway by which evidence may be admitted if it is relevant to an important matter in issue between the defendant and the prosecution; and safeguards including the discretion to exclude evidence of bad character and the judge’s power to stop a case where the evidence is contaminated. Procedural rules are also considered, as is the defendant’s right to challenge evidence of bad character.

Chapter

Cover The Modern Law of Evidence

10. Visual and voice identification  

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre-trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).

Chapter

Cover International Law

28. International Refugee and Migration Law  

Geoff Gilbert and Anna Magdalena Bentajou

This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.

Chapter

Cover Concentrate Questions and Answers Contract Law

6. Misrepresentation  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. Misrepresentation is defined as a false statement of fact, made pre-contractually, which is intended to induce the representee to enter into a contract and which has that effect. If an actionable misrepresentation is found to exist a court will then need to consider the available remedies. This chapter considers the following issues relevant to answering any problem question on misrepresentation. Has there been a false statement of fact? Is there evidence of inducement? What type of misrepresentation has potentially been made? What remedies are potentially available? Has liability for misrepresentation been effectively excluded? Has there been a breach of contract?

Chapter

Cover The Modern Law of Evidence

12. Hearsay in criminal cases  

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Art 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay, and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (s 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case, and the discretion to exclude. Also considered in this chapter are expert reports, written statements under s 9 of the Criminal Justice Act 1967, and depositions of children and young persons under s 43 of the Children and Young Persons Act 1933.