Log in

Relevant bibliographies by topics / Evidence (law) – england / Journal articles

To see the other types of publications on this topic, follow the link: Evidence (law) – england.

Journal articles on the topic 'Evidence (law) – england'

Author: Grafiati

Published: 29 July 2024

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Evidence (law) – england.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Cocks, Raymond, and Christopher Allen. "The Law of Evidence in Victorian England." American Journal of Legal History 42, no. 3 (1998): 298. http://dx.doi.org/10.2307/846184.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Simpson, A. W. Brian, and Christopher Allen. "The Law of Evidence in Victorian England." Albion: A Quarterly Journal Concerned with British Studies 30, no. 3 (1998): 534. http://dx.doi.org/10.2307/4053336.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Horstman, Allen, and C. J. W. Allen. "The Law of Evidence in Victorian England." American Historical Review 104, no. 4 (1999): 1374. http://dx.doi.org/10.2307/2649706.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Pue, W. Wesley. "The Law of Evidence in Victorian England (review)." Victorian Studies 43, no. 2 (2001): 335–38. http://dx.doi.org/10.1353/vic.2001.0032.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Pattenden, Rosemary. "Authenticating ‘Things’ in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials." International Journal of Evidence & Proof 12, no. 4 (2008): 273–302. http://dx.doi.org/10.1350/ijep.2008.12.4.303.

Full text

Abstract:

This article explores the true nature of authentication of tangible evidence in English law and kindred jurisdictions. It first identifies general principles governing the respective roles of judge and jury in the authentication of tangible evidence embedded within the case law of England and Wales. Those principles are then compared and contrasted to the rules governing authentication of evidence under the US Federal Rules of Evidence. Finally, general principles of authentication in English law are examined in relation to the authentication of forensic science evidence; film, video, photogra

APA, Harvard, Vancouver, ISO, and other styles

6

ELLIOT, MICHAEL D. "New Evidence for the Influence of Gallic Canon Law in Anglo-Saxon England." Journal of Ecclesiastical History 64, no. 4 (2013): 700–730. http://dx.doi.org/10.1017/s002204691300153x.

Full text

Abstract:

The importance of canon law collections to Anglo-Saxon legal culture has long been thought negligible, especially in comparison to the considerable importance of an alternative genre of canonical literature known as the penitential handbook. Over the past several decades, however, evidence for the use and circulation of continental canon law collections in pre-Conquest England has been mounting, to the extent that it could challenge traditional notions about the dominance of penitential law in the early English Church. This study presents new evidence for the reception in Anglo-Saxon England o

APA, Harvard, Vancouver, ISO, and other styles

7

Merrington, Simon, and Steve Stanley. "‘What Works?’: Revisiting the Evidence in England and Wales." Probation Journal 51, no. 1 (2004): 7–20. http://dx.doi.org/10.1177/0264550504042445.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Klambauer, Eva. "Policing roulette: Sex workers’ perception of encounters with police officers in the indoor and outdoor sector in England." Criminology & Criminal Justice 18, no. 3 (2017): 255–72. http://dx.doi.org/10.1177/1748895817709865.

Full text

Abstract:

The regulation of sex work continues to be a divisive topic in England and internationally. Policies governing the policing of the sex industry in England are continually revised and debated, but are seldom grounded in empirical evidence of sex workers’ experiences. Based on 49 qualitative interviews with sex workers in England, this article finds that indoor sex workers had far more positive experiences with the police than outdoor sex workers. Despite this difference, both indoor and outdoor sex workers perceive their interactions with the police through the lens of their stigmatized status

APA, Harvard, Vancouver, ISO, and other styles

9

Baker, J. H. "English Law and the Renaissance." Cambridge Law Journal 44, no. 1 (1985): 46–61. http://dx.doi.org/10.1017/s0008197300114436.

Full text

Abstract:

In his famous Rede lecture of 1901, Maitland posed the question why the medieval law of England survived the period when (as he said) old creeds were crumbling everywhere and Roman law was pushing German law out of Germany. Much controversy has reigned since Maitland's time not only about his conclusions and his evidence, but also about the precise gist of his question—since it is not wholly clear what assumptions he was making about the nature of the so-called “Reception” of Roman law in Europe or about the extent to which the medieval common law really did survive in England. It is not the p

APA, Harvard, Vancouver, ISO, and other styles

10

Bright, Susan, and Hannah Dixie. "Evidence of green leases in England and Wales." International Journal of Law in the Built Environment 6, no. 1/2 (2014): 6–20. http://dx.doi.org/10.1108/ijlbe-07-2013-0027.

Full text

Abstract:

Purpose – This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales. Design/methodology/approach – The authors examined 26 recent leases of green build properties registered at HM Land Registry. The green clauses discovered were classified and compared with the model form green clauses promoted by the London-based Better Building Partnership's Green Lease Toolkit. Findings – Of the 26 leases analysed, 18 contained some form of green provision. Research limitations/implications – As the sample selected was not r

APA, Harvard, Vancouver, ISO, and other styles

11

Graham, Kenneth W., and William Twining. ""There'll Always Be an England": The Instrumental Ideology of Evidence." Michigan Law Review 85, no. 5/6 (1987): 1204. http://dx.doi.org/10.2307/1289049.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Prest, Wilfrid. "Law reform and legal education in Interregnum England." Historical Research 75, no. 187 (2002): 112–22. http://dx.doi.org/10.1111/1468-2281.00143.

Full text

Abstract:

Abstract Having compounded as a delinquent for attending Charles I at Oxford, the common lawyer Sir Peter Ball (1598–1680) sought to make his peace with the Commonwealth. Ball's scheme for remodelling both the law itself and legal education at the inns of court is transcribed below, together with a covering letter forwarded to Bulstrode Whitelocke in 1649. His criticisms and positive proposals provide further evidence that the traditional mode of legal education by aural learning exercises had become widely perceived by the mid seventeenth century as both pedagogically ineffective and practica

APA, Harvard, Vancouver, ISO, and other styles

13

Khodykin, Roman. "Interaction between Russia and England in Civil Procedure." European Business Law Review 25, Issue 4 (2014): 499–516. http://dx.doi.org/10.54648/eulr2014021.

Full text

Abstract:

In civil or commercial disputes, the need sometimes arises to obtain evidence, to serve proceedings or other judicial documents, or to enforce some other judicial act in the territory of a foreign country. Not only does this article present an overview of the Russian court system and its advantages and disadvantages, it also describes in great detail the legal assistance between Russia and England and covers the service abroad of judicial and extrajudicial documents, the taking of evidence abroad as well as the enforcement of English judgments in Russia.

APA, Harvard, Vancouver, ISO, and other styles

14

O'Brian, William E. "Court Scrutiny of Expert Evidence: Recent Decisions Highlight the Tensions." International Journal of Evidence & Proof 7, no. 3 (2003): 172–84. http://dx.doi.org/10.1177/136571270300700302.

Full text

Abstract:

Recent decisions of the Courts of Appeal in England and Northern Ireland in Dallagher and O'Doherty highlight the risks of error which flow from the current lax standards of English law relating to the admission of expert evidence. Notwithstanding that in both decisions, the court purported to apply the same principles, an analysis of these cases indicates tensions in the law, and adds support to calls for the adoption of a stricter test for the admission of expert evidence.

APA, Harvard, Vancouver, ISO, and other styles

15

Leslie, John. "Refining the System of Expert Evidence in English Civil Procedure." European Business Law Review 25, Issue 4 (2014): 539–44. http://dx.doi.org/10.54648/eulr2014024.

Full text

Abstract:

The civil procedure system in England requires the court to give permission for expert evidence to be used by a party. The expert owes an overriding duty to the interests of justice and to the court. This article considers the different forms of expert evidence (including the single, joint expert, who is shared by the parties) and the increasing degree of judicial management of such evidence.

APA, Harvard, Vancouver, ISO, and other styles

16

Musson, A. "Turning king's evidence: the prosecution of crime in late medieval England." Oxford Journal of Legal Studies 19, no. 3 (1999): 467–80. http://dx.doi.org/10.1093/ojls/19.3.467.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Stockdale, Michael, and Adam Jackson. "Expert Evidence in Criminal Proceedings." Journal of Criminal Law 80, no. 5 (2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.

Full text

Abstract:

In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the

APA, Harvard, Vancouver, ISO, and other styles

18

Choo, Andrew L. T. "Improperly obtained evidence: a reconsideration." Legal Studies 9, no. 3 (1989): 261–83. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00650.x.

Full text

Abstract:

The issue of the admissibility of improperly obtained non-confessional evidence in criminal proceedings has been the subject of considerable academic discussion. However, much of the discussion in England has been confined to an exploration of the deficiencies and internal inconsistencies of the English law in the area. In particular, the House of Lords decision in R v Sang has been subjected to intense scrutiny and criticism. Little has been written which examines the theoretical issues associated with the problem of improperly obtained evidence, with view to laying down foundations for a new

APA, Harvard, Vancouver, ISO, and other styles

19

Kryvopusk, O. "TESTIMONY FROM FOREIGN WORDS AS EVIDENCE IN CRIMINAL PROCEDURES IN THE LEGISLATION OF UKRAINE AND OTHER STATES." Scientific heritage, no. 92 (July 7, 2022): 37–39. https://doi.org/10.5281/zenodo.6806954.

Full text

Abstract:

The article examines the problematic issues of recognizing admissible evidence of testimony from other people's words in the legislation of Ukraine and analyzes the legislative enshrinement of this rule in the legislation of the European Union, England and the United States. The aim of the work is to analyze the domestic legislation and case law of Ukraine on the admissibility of testimony from foreign words on the one hand, and experience in applying the institute of testimony from foreign words in the European Union, England and the United States on the other. The article reveals the pro

APA, Harvard, Vancouver, ISO, and other styles

20

Ward, Alan George. "THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE." Denning Law Journal 21, no. 1 (2012): 67–92. http://dx.doi.org/10.5750/dlj.v21i1.342.

Full text

Abstract:

Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subseque

APA, Harvard, Vancouver, ISO, and other styles

21

Mirfield, Peter. "Bad Character and the Law Commission." International Journal of Evidence & Proof 6, no. 3 (2002): 141–62. http://dx.doi.org/10.1177/136571270200600301.

Full text

Abstract:

Report No. 273 of the Law Commission for England and Wales proposes a new scheme for the law relating to evidence of bad character in criminal trials, and no less in the case of witnesses other than the accused than in the case of the accused himself. This article broadly welcomes the governing general principles of the proposed scheme, whilst challenging the soundness of some of the terminology recommended by the Commission, as well as its conclusions on some important, albeit more specific issues.

APA, Harvard, Vancouver, ISO, and other styles

22

Stattel, Jake A. "Legal culture in the Danelaw: a study of III Æthelred." Anglo-Saxon England 48 (December 2019): 163–203. http://dx.doi.org/10.1017/s0263675121000065.

Full text

Abstract:

AbstractViking invasions and settlements left substantial legacies in late Anglo-Saxon England, attested in legal texts as a division between areas under Dena lage and those under Ængla lage. But how legal practice in Scandinavian-settled England functioned and differed from Anglo-Saxon law remains unclear. III Æthelred, the ‘Wantage Code’, provides critical evidence for legal customs being practised in the Danelaw at the close of the tenth century. An investigation into the code’s peace protections re-examines the argument for occurrences of communal liability in England before the Normans. W

APA, Harvard, Vancouver, ISO, and other styles

23

Twining, William. "Freedom of Proof and the Reform of Criminal Evidence." Israel Law Review 31, no. 1-3 (1997): 439–63. http://dx.doi.org/10.1017/s0021223700015363.

Full text

Abstract:

In recent years reform of the Law of Evidence has been the subject of renewed interest in many common law countries. Since the adoption of the Federal Rules, debate about wholesale reform has been relatively muted in the United States. But this is exceptional. Major reports have been produced in Australia, New Zealand, Canada, Scotland, and England. With the exception of Canada, most of these have led, or are likely to lead, to significant legislative changes. This period of reformist activity has coincided with a greatly increased interest in theoretical aspects of evidence and proof, sometim

APA, Harvard, Vancouver, ISO, and other styles

24

Wolfe, Stephen M. "The Role of Nature in New England Puritan Theology: The Case of Samuel Willard." Perichoresis 20, no. 2 (2022): 127–42. http://dx.doi.org/10.2478/perc-2022-0013.

Full text

Abstract:

Abstract This article discusses the role of nature in the theological system of New England minister Samuel Willard (1640-1707). I focus specifically on his account of theological anthropology, the relationship of nature and grace, and the moral (or natural) law, and show how each relates to his views on civil government and civil law. Willard affirmed the natural law, natural religion, and natural worship, and he acknowledged and respected pagan civic virtue and grounded civil order and social relations in nature. Willard’s theological articulations are substantively the same as those found a

APA, Harvard, Vancouver, ISO, and other styles

25

Burney, Ian A. "Testing testimony: toxicology and the law of evidence in early nineteenth-century England." Studies in History and Philosophy of Science Part A 33, no. 2 (2002): 289–314. http://dx.doi.org/10.1016/s0039-3681(02)00002-x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Wormald, Patrick. "Anglo-Saxon Law and Scots Law." Scottish Historical Review 88, no. 2 (2009): 192–206. http://dx.doi.org/10.3366/e0036924109000857.

Full text

Abstract:

Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests tha

APA, Harvard, Vancouver, ISO, and other styles

27

Ohalehi, Paschal. "Fraud in small charities: evidence from England and Wales." Journal of Financial Crime 26, no. 1 (2019): 211–22. http://dx.doi.org/10.1108/jfc-12-2017-0122.

Full text

Abstract:

Purpose Despite the increasing awareness of fraud in organisations and the potential benefits of strong fraud management through deterrence and prevention in the UK, there remains limited research on fraud in small charities. This paper aims to examine astonishing cases of fraud in small charities whilst raising awareness of the impact of fraud and its wider implication in the charity sector. Design/methodology/approach This research used a qualitative approach amongst randomly selected 24 charity trustees with income of £0-250,000 and over £250,000. Recent statistics from fraud survey publish

APA, Harvard, Vancouver, ISO, and other styles

28

GARNETT, GEORGE. "LAW IN THE VINDICIAE, CONTRA TYRANNOS: A VINDICATION." Historical Journal 49, no. 3 (2006): 877–91. http://dx.doi.org/10.1017/s0018246x06005553.

Full text

Abstract:

Dr Anne McLaren has disputed the interpretation of the Vindiciae, contra tyrannos (1579) as a work in which Roman and canon law were fundamental. She correctly identifies Quentin Skinner and me with this interpretation. She bases her case on two sorts of evidence: the alleged paucity of Roman law citations, as compared with scriptural ones, in the margins of the original text; and our alleged failure to appreciate the ‘context’ of the Vindiciae, which, she suggests, means how it was translated and used in England, primarily in the seventeenth century. This response argues that she has seriousl

APA, Harvard, Vancouver, ISO, and other styles

29

Bekker, Thino. "The role of expert evidence in civil matters." Journal for Juridical Science 49, no. 1 (2024): 1–23. https://doi.org/10.38140/jjs.v49i1.8098.

Full text

Abstract:

In the first part of this article, the author analysed the development and role of expert evidence in civil matters in the South African law (Bekker 2023:160-178). In the second part of this article, the author conducts an in-depth discussion of the position in England, Wales, andAustralia in relation to the application of expert witness testimony in civil matters. It is argued that, although there has been considerable progress in terms of the presentation of expert evidence in civil litigation in the South African law, a number of problematic aspects still need to be addressed. It is recomme

APA, Harvard, Vancouver, ISO, and other styles

30

Smolina, O. S. "Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law." Journal of Law and Administration 20, no. 3 (2024): 17–26. http://dx.doi.org/10.24833/2073-8420-2024-3-72-17-26.

Full text

Abstract:

Introduction. The article unravels the role of court in formation evidential matter in economic disputes in Russia and England. It studies the distinctive features of formation evidential matter in economic disputes in Russia and England, addresses the role of court in the court’s formation of information on facts and (or) digital footprints of facts through providing instructions for formation evidential matter based on the example of electronic documents, evidence of witnesses, and expert evidence in Russia and England.Materials and methods. In the course of writing the work, a set of genera

APA, Harvard, Vancouver, ISO, and other styles

31

Papadopoulou, Nataly. "Dying with Assistance: The Call for an Inquiry, the Power of a declaration, the role of evidence." Medical Law Review 30, no. 1 (2021): 81–109. http://dx.doi.org/10.1093/medlaw/fwab048.

Full text

Abstract:

ABSTRACT The article analyses recent legal challenges of the prohibition of assisted suicide in England and Wales to review where we are in the debate for reform, and where we can go. The article, principally, advocates for an evidence-based new governmental inquiry. Aside the fact that this is widely-supported by various interested parties, this argument stems from the approach recently attempted by claimants in English courts in challenging the prohibition of assisted suicide, and that is, an evidence-based approach to judicial review. As this article discusses, the review of ‘the available

APA, Harvard, Vancouver, ISO, and other styles

32

Heffernan, Liz, and Mark Coen. "The Reliability of Expert Evidence: Reflections on the Law Commission's Proposals for Reform." Journal of Criminal Law 73, no. 6 (2009): 488–507. http://dx.doi.org/10.1350/jcla.2009.73.6.603.

Full text

Abstract:

The problems associated with the use of expert evidence by the criminal courts have been the subject of ongoing controversy. The Law Commission of England and Wales has recently added its voice to the debate with the publication of a Consultation Paper on the admissibility of expert evidence. This article examines the current law governing the reliability of expert evidence. It analyses the Law Commission's recommendation for the creation of a new statutory rule which would require the trial judge to assess evidentiary reliability as a matter of admissibility. The authors chart the emergence o

APA, Harvard, Vancouver, ISO, and other styles

33

Leadbetter, Martin J. "Fingerprint Evidence in England and Wales – The Revised Standard." Medicine, Science and the Law 45, no. 1 (2005): 1–6. http://dx.doi.org/10.1258/rsmmsl.45.1.1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Phillips, Lord Justice. "Challenge for Cause." Victoria University of Wellington Law Review 26, no. 3 (1996): 479. http://dx.doi.org/10.26686/vuwlr.v26i3.6155.

Full text

Abstract:

In this article, his Lordship examines the operation of juries in England and considers how the English experience may assist the New Zealand Law Commission in the reform process. His Lordship addresses three aspects: first, the implications of jury operation and selection processes; second, the role of the law of evidence in determining the guilt or innocence of an accused; third, whether juries are the appropriate finder of fact in trials concerning serious fraud. The material in this article was originally delivered as a public lecture on 27 March 1996 in the Faculty of Law.

APA, Harvard, Vancouver, ISO, and other styles

35

Leon, Clare, and Tony Ward. "The Irish exclusionary rule after DPP v JC." Legal Studies 35, no. 4 (2015): 590–93. http://dx.doi.org/10.1111/lest.12097.

Full text

Abstract:

This commentary updates the paper ‘Excluding evidence (or staying proceedings) to vindicate rights in Irish and English law’ by analysing the recent decision of the Supreme Court of Ireland in DPP v JC. It argues that although the court has relaxed the exclusionary rule in one major respect, it has strengthened it in others, and that Ireland's approach to unconstitutionally or illegally obtained evidence remains very different from that of England and Wales.

APA, Harvard, Vancouver, ISO, and other styles

36

Helmers, Christian, Yassine Lefouili, Brian J. Love, and Luke McDonagh. "The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting." American Law and Economics Review 23, no. 1 (2021): 56–99. http://dx.doi.org/10.1093/aler/ahab001.

Full text

Abstract:

Abstract We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in Engl

APA, Harvard, Vancouver, ISO, and other styles

37

Klonoski, Robert. "The Case For Case Studies: Deriving Theory From Evidence." Journal of Business Case Studies (JBCS) 9, no. 3 (2013): 261–66. http://dx.doi.org/10.19030/jbcs.v9i3.7805.

Full text

Abstract:

While case studies appear frequently in business classrooms as learning exercises, they appear only infrequently in scholarly journals as an accepted basis on which to demonstrate a theory or test a hypothesis. While scholars have contributed much in recent years to improving the rigor and design of business case studies, this research approach may yet be underutilized. The academic approach to the study of law in the US and England draws heavily on the use of case studies; management scholars may benefit from an understanding of the ways in which lawyers construct, analyze, and draw lessons f

APA, Harvard, Vancouver, ISO, and other styles

38

KENDAL, WAYNE S. "EVIDENCE FOR A FRACTAL STOCHASTIC PROCESS UNDERLYING MEASLES EPIDEMICS IN BRITAIN." Fractals 08, no. 01 (2000): 29–34. http://dx.doi.org/10.1142/s0218348x00000056.

Full text

Abstract:

The variability in measles incidence during the pre-vaccination period of 1944 to 1966, as recorded from 366 communities in England and Wales, was examined for properties of fractal stochastic processes. The power spectral density, Fano factor, and Allan factor were computed from the incidence time-series, and all revealed power-law scaling. As well, the distribution histogram for the weekly incidence approximated a geometric distribution. These features constituted evidence for a fractal stochastic process with underlying geometric statistics at play in the development and resolution of measl

APA, Harvard, Vancouver, ISO, and other styles

39

Winder, Christopher. "The cost of commercial litigation in England–A European perspective, and a look to the future." European Review of Private Law 4, Issue 4 (1996): 339–50. http://dx.doi.org/10.54648/146741.

Full text

Abstract:

Access to justice can be severely impeded by the costs of litigation. English civil litigation has developed four particular procedures which stand out as differing radically in principle and in cost from continental systems: pre-trial disclosure of documents ('discovery'), the use of oral evidence, the use of expert evidence and a plaintiff's potential liability for a successful opponent's costs. In 1994 Lord Woolf was appointed to review the rules and procedures of the civil courts in England and Wales with a view to improving access to justice and reducing the costs of litigation. His repor

APA, Harvard, Vancouver, ISO, and other styles

40

Chen, Max Hua. "Adoption of Clear Convincing Evidence in Hong Kong." American Journal of Trade and Policy 9, no. 2 (2022): 71–76. http://dx.doi.org/10.18034/ajtp.v9i2.622.

Full text

Abstract:

Drawing from overseas practices, namely the law in England & Wales (E&W) and the law in the United States (US), this article will critically discuss whether a higher standard of proof of ‘clear and convincing evidence (CCE) should be adopted in non-criminal proceedings in Hong Kong (HK), and if so, in what types of cases. Consequently, because the 'balance of probabilities ("BOP") and 'beyond reasonable doubt' ('BRD') standards have themselves proved to be highly complex, and jurors have found these standards even more complicated to understand, the introduction of an intermediate CCE

APA, Harvard, Vancouver, ISO, and other styles

41

Doak, Jonathan, and Rebecca Huxley-Binns. "Anonymous Witnesses in England and Wales: Charting a Course from Strasbourg?" Journal of Criminal Law 73, no. 6 (2009): 508–29. http://dx.doi.org/10.1350/jcla.2009.73.6.604.

Full text

Abstract:

The use of anonymous testimony in England and Wales has recently been the subject of a number of high-profile appellate decisions and legislative intervention. As the law currently stands, it is permissible for the criminal courts to receive such testimony, subject to certain safeguards. This article evaluates the position against the threshold for anonymous evidence laid down by the European Court of Human Rights. It is argued that such evidence is too readily admissible under the current legislative framework. As such, the rules regulating the use of anonymous testimony should be amended so

APA, Harvard, Vancouver, ISO, and other styles

42

Skett, Sarah, and Carine Lewis. "Development of the Offender Personality Disorder Pathway: A summary of the underpinning evidence." Probation Journal 66, no. 2 (2019): 167–80. http://dx.doi.org/10.1177/0264550519832370.

Full text

Abstract:

The Offender Personality Disorder Pathway programme is a jointly commissioned initiative between NHS England and Her Majesty’s Prison & Probation Service (HMPPS), the aim of which is to provide a pathway of psychologically informed services for offenders who are likely to be diagnosed with personality disorder. This paper aims to describe the underpinning evidence behind the principles and expectations of services that make up the OPD pathway programme. Evidence of personality disorder treatments from mental health settings, as well as the evidence base from the criminal justice system and

APA, Harvard, Vancouver, ISO, and other styles

43

Kuczyńska, Hanna. "Better to Explain or to Testify? The Position of the Accused as a Source of Oral Evidence in a Criminal Trial in a Comparative Perspective." Comparative Law Review 27 (December 22, 2021): 47–77. http://dx.doi.org/10.12775/clr.2021.002.

Full text

Abstract:

In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Angl

APA, Harvard, Vancouver, ISO, and other styles

44

Cox, Pamela, Susan McPherson, Claire Mason, Mary Ryan, and Vanessa Baxter. "Reducing Recurrent Care Proceedings: Building a Local Evidence Base in England." Societies 10, no. 4 (2020): 88. http://dx.doi.org/10.3390/soc10040088.

Full text

Abstract:

Recent studies of public law care proceedings within the family justice system in England and Wales suggest that up to a quarter of all mothers who appear in such proceedings will reappear within a subsequent—or recurrent—set of such proceedings within seven years. In the last decade, new interdisciplinary research spanning social work, clinical psychology and sociology has defined and investigated the previously hidden challenge and social costs of ‘recurrent care proceedings’ (RCP). This article adds to this new field by analysing the core values, practice and impact of three different local

APA, Harvard, Vancouver, ISO, and other styles

45

Redmayne, Mike. "Myths, Relationships and Coincidences: The New Problems of Sexual History." International Journal of Evidence & Proof 7, no. 2 (2003): 75–101. http://dx.doi.org/10.1177/136571270300700201.

Full text

Abstract:

This article reviews recent developments in the law governing the admissibility of sexual history evidence in England and Wales. After the decision of the House of Lords in R v A (No. 2), the law reflects a consensus that the complainant's sexual history with third parties is generally irrelevant to the issue of consent in rape trials. In the first part of this article, the justifications for this conclusion are questioned; it is suggested that the relevance of sexual history is a more complex issue than it is usually acknowledged to be. The second part of the article uses points made in the f

APA, Harvard, Vancouver, ISO, and other styles

46

MacQueen, Hector L. "Mixing It? Comparative Law In The Scottish Courts." European Review of Private Law 11, Issue 6/6 (2003): 735–53. http://dx.doi.org/10.54648/erpl2003047.

Full text

Abstract:

Abstract: The second contribution to the symposium held at Ghent focuses on the experience of Scotland as a mixed legal system. While one might expect such a system to be comparative in its approach, the author shows that there is little evidence to be found in the Courts. Referring to two previous statistics he produces his own table to show that cited foreign case law by and large stems from other Anglophone countries, notably England. He arrives at the conclusion that, with the exception of the ECHR, other foreign decisions are virtually absent from citations in Scottish Courts. After discu

APA, Harvard, Vancouver, ISO, and other styles

47

Ugwudike, Pamela, and Gemma Morgan. "Bridging the gap between research and frontline youth justice practice." Criminology & Criminal Justice 19, no. 2 (2018): 232–53. http://dx.doi.org/10.1177/1748895817753509.

Full text

Abstract:

Although the Risk, Need, Responsivity model of rehabilitation is rooted in a substantial body of research evidence, several studies of the model’s efficacy in youth and adult justice settings within England and Wales have revealed modest outcomes. In this article, we contend that the findings do not necessarily reflect deficits in the model. Rather, a growing corpus of research now indicates that poor practice integrity or inadequate implementation of the model’s principles is a key but under-researched factor that undermines the efficacy of interventions based on the model. We also present th

APA, Harvard, Vancouver, ISO, and other styles

48

George, Rob, and James Netto. "Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales." Laws 12, no. 4 (2023): 70. http://dx.doi.org/10.3390/laws12040070.

Full text

Abstract:

The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications

APA, Harvard, Vancouver, ISO, and other styles

49

Abrams, Laura S., Lisa Moreno, and Timo Harrikari. "The Voluntary Sector Role in Youth and Young Adult Justice Services: A Comparative Case Study of Finland and England/Wales." Youth Justice 19, no. 3 (2019): 278–98. http://dx.doi.org/10.1177/1473225419886932.

Full text

Abstract:

This comparative case study investigates the voluntary sector interface with criminal justice systems for youth and young adults in England/Wales and Finland. Methods included document review and stakeholder interviews. Across cases, key differences were found in the training of corrections and probation officers, funding sources and structures, and use of actuarial models and evidence. The organization of these relationships was also different for youth and young adult services, particularly in England/Wales where clear lines are drawn between age groups. The results contribute to an understa

APA, Harvard, Vancouver, ISO, and other styles

50

Bullock, Karen, Aiden Sidebottom, Rachel Armitage, et al. "Forty years of problem-oriented policing: A review of progress in England and Wales." Policing: A Journal of Policy and Practice 15, no. 4 (2021): 2001–14. http://dx.doi.org/10.1093/police/paab067.

Full text

Abstract:

Abstract This article analyses and critically reflects on the position of problem-oriented policing within England and Wales. Problem-oriented policing is a framework for improving police effectiveness. Its adoption has consistently been shown to be associated with sizable reductions in a wide range of crimes and public safety issues. However, many studies also find that problem-oriented policing is difficult to embed and sustain within police organisations. This article draws on the experiences and perspectives of 86 informed stakeholders to critically examine the position and practice of pro

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!