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R v Marylebone Magistrates Court

1 February 2001
The issues

Human Rights – Civil Proceedings – Unfair Trial – Hearsay Evidence

The facts

The Local Authority had sought an antisocial behaviour Order against the Claimant. They had wished to submit material indicating that a large number of people who they could not or would not identify had complained about the Appellant. The District Judge had considered that evidence hearsay and adjourned the hearing to await the outcome of the Appeal to the Divisional Court.

The decision

There was nothing in the Human Rights Act 1998 nor in the Jurisprudence of the European Court of Human Rights which led to the automatic exclusion of hearsay evidence and civil proceedings. The admission of hearsay evidence without the possibility of cross- examination did not automatically result in an unfair trial under Article 6.

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