PROVING THINGS 77: AN UNATTRACTIVE ARGUMENT: WHEN A PARTY HAS CAUSED AN ABSENCE OF EVIDENCE IT CANNOT BENEFIT FROM IT

When a party has caused a gap in the evidence it is rarely open to that party to rely on the absence it has caused.  This was made clear by Mr Justice Foskett in JMX v Norfolk and Norwich Hospitals NHS Foundation Trust [2017] EWHC 3082 (QB).

  "It is never attractive for a defendant to assert ...