PROVING THINGS 78: AN ABSENT WITNESS IS NEVER GOING TO HELP: DEFENDANT’S FAILURE TO TAKE CONTEMPORARY STATEMENTS LEADS TO ADVERSE INFERENCES

In a talk today to a group of clinical negligence lawyers I discussed the issue of evidence, and "missing" documents and witnesses. In particular the relevance of   Keefe v Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 on the adverse inferences a court will draw when documents are not availabl...