Breslin & Ors v Murphy & Daly [2013] NIQB 15 (22 January 2013)

Breslin & Ors v Murphy & Daly [2013] NIQB 15 (22 January 2013)

Hearsay evidence, including necessary contextual material such as police questions, is prima facie admissible under the 1997 Order. However, the court retains a limited discretion to exclude such evidence where its admission would be unfair or prejudicial, particularly in light of Article 6 ECHR. The judge must balance the probative value and relevance of the evidence against any potential for unfair prejudice, ensuring the trial remains fair to all parties.

Citation
[2013] NIQB 15
Parties
Plaintiffs: Breslin and Others; First Defendant: Murphy; Second Defendant: Daly
Jurisdiction
Northern Ireland
Judgment Date
22 January 2013
Procedural Posture
Civil / Interlocutory Application During Retrial
Outcome
Application granted in part, refused in part
Legal Topics
Hearsay Evidence, Admissibility of Evidence, Article 6 ECHR, Fair Trial, Contextual Evidence
Civil Procedure Evidence Human Rights Hearsay Evidence Admissibility of Evidence Article 6 ECHR Fair Trial Contextual Evidence

Case Brief

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Parties

Breslin and Others

Plaintiffs

Murphy

First Defendant

Daly

Second Defendant

Procedural Posture

Civil / Interlocutory Application During Retrial

Legal Issues

  1. 1 Whether hearsay evidence, including contextual police questioning, is admissible under the Civil Evidence (Northern Ireland) Order 1997 in civil proceedings
  2. 2 Whether the court has discretion to exclude such evidence on grounds of unfairness or prejudice, particularly under Article 6 ECHR

Ratio Decidendi

Hearsay evidence, including necessary contextual material such as police questions, is prima facie admissible under the 1997 Order. However, the court retains a limited discretion to exclude such evidence where its admission would be unfair or prejudicial, particularly in light of Article 6 ECHR. The judge must balance the probative value and relevance of the evidence against any potential for unfair prejudice, ensuring the trial remains fair to all parties.

Court Disposition

Application granted in part, refused in part

Orders

  • Contextual police questioning necessary to make sense of TM's evidence admitted where relevant and not unfairly prejudicial.
  • Contextual material containing alleged admissions by Murphy not admitted as it was wholly prejudicial and unnecessary.