Chapter

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

Katharine Grevling

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0012
CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?

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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

Chapter.  10955 words. 

Subjects: Constitutional and Administrative Law

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