Q&As

Can witnesses in civil proceedings decline to provide answers that might lead to a criminal trial and is there a duty to draw that to their attention?

read titleRead full title

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Published on: 06 February 2018
imgtext

In answering this Q&A, we have assumed that this Q&A is referring to the privilege against self-incrimination.

Privilege against self-incrimination arises from a number of different protections for defendants and witnesses at common law (R v Director of the Serious Fraud Office, ex p Smith at para [31]).

As a general rule, a person should not be compelled to say anything which might tend to bring him into the peril and possibility of being convicted of a criminal offence (Lamb v Munster). This means that a person may refuse to answer any question or produce any document if to do so would tend to expose him to proceedings for an offence (Maloney v Bartley) or for the recovery of a Penalty (Section 14(1) of Civil Evidence Act 1968 (CEA 1968)). For more information, see Practice Note: Privilege against self-incrimination. See also Commentaries: Privileges of witnesses: Halsbury's Laws of England

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Penalty definition
What does Penalty mean?

A penalty clause is one that determines the sum or penalty that must be paid on a contractual breach, but where that sum is greater than the likely loss resulting from that breach. When a sum specified as payable is extravagant or totally out of proportion to the range of possible losses that might be incurred, the provision will be a penalty and unenforceable to the extent that the sum is greater than the party’s actual loss.

Read more

Popular documents

Witness statements—substantive content

Witness statements—substantive contentThis Practice Note provides general guidance for drafting witness statements of fact under CPR Part 32 in civil proceedings. In particular, it deals with what should be covered in witness statements and the courts’ approach to them, using the witness’ own words

Witness summons

Witness summonsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, additional provisions may apply—see further in the section: Court specific guidance.Where a party to proceedings

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence. It is only done where the defendant is extremely confident that the claimant has not

Browne v Dunn and the duty to cross-examine in international arbitration (P v D)

Dispute Resolution analysis: In a rare successful application to set aside an arbitral award made in an ad hoc arbitration for serious irregularity under section 68(2) of the Arbitration Act 1996 (AA 1996), the High Court found that a failure to cross-examine a witness on a ‘core issue’ left the