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The Civil Procedure Rules Ten Years On$
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Déirdre Dwyer

Print publication date: 2009

Print ISBN-13: 9780199576883

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199576883.001.0001

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CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?

CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?

Chapter:
(p.248) (p.249) 12 CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?
Source:
The Civil Procedure Rules Ten Years On
Author(s):

Katharine Grevling

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199576883.003.0012

This chapter examines the nature and scope of the exclusionary power contained in Civil Procedure Rule (CPR) R 32.1(2), and in particular in considers whether it could ever be used to exclude evidence improperly obtained by methods such as theft, breach of the Data Protection Act, entrapment, or infringements of the European Convention on Human Rights (ECHR). CPR R 32.1(2) has been described as ‘principally a case management power designed to allow the court to stop cases getting out of hand and hearings becoming interminable’. The most important discussion of r 32.1(2) occurs in Jones v University of Warwick in which the improper means by which evidence was obtained were taken into account but did not lead to exclusion.

Keywords:   exclusionary power, Civil Procedure Rule, theft, Data Protection Act, European Convention on Human Rights, ECHR, CPR R 32.1(2), case management power, evidence

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