INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: RIVA PROPERTIES -v- FOSTER AGAIN

I am returning (and not for the last time) to the judgment of Mr Justice Fraser in Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 (TCC). This time on the issue of the inferences that the court should draw from missing witnesses.

THE JUDGMENT The judge was considering the def...