DURRANT CASE BACK IN THE REPORTS: WHAT PRESUMPTIONS SHOULD A JUDGE DRAW WHEN A PARTY IS DEBARRED FROM CALLING WITNESSES?

The case of Durrant  -v- Chief Constable of Avon & Somerset Constabulary [2013]  EWCA Civ 1264 was well known as one of the first reports on sanctions. The defendant police authority was debarred from calling witness evidence as a result of failure to comply with court orders.  The case has now ...