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Associated legal terms

Business record exception

Business record exception describes the admission of hearsay statements contained in documents created or kept in the ordinary course of a trade, business, profession or public authority, on the premise that routine record‑keeping is sufficiently reliable. It is a descriptive label; admissibility is governed by statute and procedural rules in each jurisdiction.

England and Wales: In criminal proceedings, section 117 Criminal Justice Act 2003 permits “business and other documents” where the document was created/received in the course of business, information was supplied by someone with (or reasonably supposed to have) personal knowledge, and reliability safeguards are met; hearsay notice is required under the Criminal Procedure Rules. In civil proceedings, hearsay (including business records) is admissible under the Civil Evidence Act 1995, with weight assessed under section 4; CPR 33 requires a hearsay notice if the maker is not called.

Scotland: In civil cases, the Civil Evidence (Scotland) Act 1988 allows hearsay, so business records are routinely admitted with weight for the court. In criminal cases, there is no broad business‑records gateway; admission turns on specific statutory provisions (e.g., Criminal Procedure (Scotland) Act 1995) and certificates.

Northern Ireland: Article 18 Criminal Justice (Evidence) (Northern Ireland) Order 2004 mirrors the CJA 2003 approach; civil hearsay is governed by the Civil Evidence (Northern Ireland) Order 1997.

Ireland: Section 5 Criminal Evidence Act 1992 admits business records in criminal cases, subject to conditions and notice. Civil admissibility relies on common law and specific statutes. Bankers’ Books Evidence Acts operate separately across all jurisdictions.

Newly discovered evidence

Newly discovered evidence refers to material that existed at the time of the original trial or hearing, but which was not known to, and could not reasonably have been discovered by, the party seeking to rely on it. It commonly arises in appeals, applications to set aside judgments, and applications for criminal case review.

Across England & Wales, Scotland, Northern Ireland and Ireland, courts generally require that such evidence: (i) is genuinely new; (ii) could not with reasonable diligence have been obtained earlier; (iii) is credible and admissible; and (iv) could have had an important, often decisive, impact on the outcome. These principles are derived mainly from case law, and their precise formulation varies by jurisdiction and context (civil or criminal).

In criminal proceedings, newly discovered evidence often underpins arguments that a conviction is unsafe or a miscarriage of justice has occurred, including references to Criminal Cases Review Commissions or equivalent bodies. In civil litigation, it may justify an appeal out of time, or an application to reopen proceedings or set aside default or summary judgment, particularly where fraud, mistake or procedural irregularity is alleged.

Tomlin order

A Tomlin order is a form of consent order where proceedings are stayed on agreed terms with permission to lift the stay in the event of non-compliance with those terms) and a separate confidential schedule recording the terms agreed between the parties. The order is only kept alive to the extent necessary to enable any party to enforce the terms. Unlike court orders by consent generally, a Tomlin order constitutes a binding contract between the parties so the court can only re-open the dispute between the parties where it could intervene with any other contract.
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