3. Witnesses: competence, compellability, and various privileges

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Public Interest ◽  
Criminal Cases ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses; sworn and unsworn evidence; privileges enjoyed by certain classes of witness; and public interest immunity.

3. Witnesses: competence, compellability, and various privileges

Evidence ◽  
2019 ◽  
pp. 106-139
Author(s):  
Roderick Munday
Keyword(s):  
Public Interest ◽  
Criminal Cases ◽  
Legal Advice ◽  
The Core ◽  
The Subject ◽  
Legal Professional

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focussing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

17. Corporate rescue and liquidations in outline

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

9. The rule against hearsay

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Civil Proceedings ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the rationale underlying a rule against hearsay; hearsay in criminal cases; and hearsay in civil proceedings.

7. Evidence of the defendant’s bad character

Evidence ◽  
2019 ◽  
pp. 242-315
Author(s):  
Roderick Munday
Keyword(s):  
Human Behaviour ◽  
Criminal Cases ◽  
The Core ◽  
Similar Fact ◽  
The Subject ◽  
Civil Cases

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Human behaviour tends to follow patterns. Those who have previously been convicted of crime, or who can be shown to have committed other offences or to have behaved disreputably, either have a tendency to reoffend or are more likely to commit offences than those without such attributes. A defendant’s previous bad character may also reflect on credibility. This chapter discusses the following: the problem of whether or not to admit evidence of a defendant’s misconduct on other occasions; the situations in which evidence of a defendant’s bad character may be admitted in criminal cases, and the purposes for which it may be admitted; and the admission of similar fact evidence in civil cases.

7. Evidence of the defendant’s bad character

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
Similar Fact ◽  
The Subject ◽  
Civil Cases

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: whether or not to admit evidence of a defendant’s misconduct on other occasions; the admission of evidence of a defendant’s bad character in criminal cases; and similar fact evidence in civil cases.

2. Presumptions and the burden of proof

Evidence ◽  
2019 ◽  
pp. 62-105
Author(s):  
Roderick Munday
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
European Convention ◽  
Criminal Case ◽  
Criminal Cases ◽  
Standard Of Proof ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.

17. Corporate rescue and liquidations in outline

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

11. Public regulation of land

2013 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Land Use ◽  
Public Interest ◽  
Local Environment ◽  
State Intervention ◽  
The Public ◽  
Public Regulation ◽  
The Core ◽  
The Subject ◽  
Significant Measure ◽  
Land Control

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A significant measure of socially beneficial control over land and the local environment is achieved through various forms of state-imposed regulation. This chapter, which discusses how estate ownership is constrained by conceptions of stewardship in the public interest, examines the law and context surrounding some of the most far-reaching forms of state intervention in the area of land: control of land use and takings of land.

17. Corporate rescue and liquidations in outline

Company Law ◽  
2020 ◽  
pp. 444-492
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

Sign in / Sign up

Export Citation Format

Share Document