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.

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.

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.

scholarly journals Legal professional privilege in corporate criminal investigations

2018 ◽  
Vol 82 (4) ◽  
pp. 321-337
Author(s):  
Rebecca Mitchell ◽  
Michael Stockdale
Keyword(s):  
Criminal Investigations ◽  
Legal Advice ◽  
Degree Of Confidence ◽  
The Subject ◽  
Legal Professional ◽  
A Company ◽  
Made In

This article considers two areas that arise in the context of corporate criminal investigations relating to claims of legal professional privilege: the extent to which litigation privilege may attach to communications made in the context of such investigations and the difficulty of identifying the client for the purposes of legal advice privilege. These issues are of particular significance where a company is or may be the subject of an investigation by specialist prosecuting authorities, such as the Serious Fraud Office. We identify the policy considerations justifying litigation privilege and whether they continue to explain the current ambit of the privilege. With particular reference to the extent to which the privilege is capable of attaching to communications made for the purpose of working towards a potential settlement, we consider how the constraints upon its ambit operate in the context of corporate criminal investigations. In relation to legal advice privilege, we demonstrate that it is possible to give a coherent explanation of the jurisprudence in this area which, while accepting that decisions are fact-specific, should enable corporations and the courts to identify the client within the corporation with a greater degree of confidence.

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.

19. Public interest immunity and privilege II

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Sources Of Information ◽  
Legal Advice ◽  
Legal Professional ◽  
Civil Cases

A privilege is a rule of law that permits a witness to refuse to answer a question, or a party to refuse to produce certain materials. This chapter discusses the privilege against self-incrimination. Legal professional privilege, consisting of legal advice and litigation privilege, is explained along with the exceptions and the importance of the ‘dominant purpose’ rule in litigation privilege and the limitation of litigation privilege to adversarial, and not investigative or inquisitorial, proceedings. Other privileges, in particular the ‘without prejudice’ rule in civil cases, and the protection of sources of information contained in publications under the Contempt of Court Act 1981, s. 10, are also examined.

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.

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