DRAWING ADVERSE INFERENCES WHEN WITNESSES ARE ABSENT: COURT OF APPEAL DECISION TODAY: COURT HAS A DISCRETION AS TO THE INFERENCES TO BE DRAWN

DRAWING ADVERSE INFERENCES WHEN WITNESSES ARE ABSENT: COURT OF APPEAL DECISION TODAY: COURT HAS A DISCRETION AS TO THE INFERENCES TO BE DRAWN

August 29, 2018 · by · in Appeals, Civil evidence, Members Content, Witness statements

I am grateful to barrister  Luka Krsljanin for sending me a copy of hte Court of Appeal decision today in Manzi -v- King’s College NHS Foundation Trust [2018] EWCA Civ 1882. The Court rejected an argument that the trial judge…

PROVING THINGS 124: "PUT BLUNTLY: THAT EVIDENCE IS WHOLLY INADEQUATE": DEFENDANT'S EVIDENCE ON AN INJUNCTION APPLICATION

PROVING THINGS 124: “PUT BLUNTLY: THAT EVIDENCE IS WHOLLY INADEQUATE”: DEFENDANT’S EVIDENCE ON AN INJUNCTION APPLICATION

August 29, 2018 · by · in Applications, Civil evidence, Injunctions, Members Content, Witness statements

In Jahangiri v St. George’s University Hospitals NHS Foundation Trust [2018] EWHC 2278 (QB)  Mr Justice Nicklin observed that witness evidence put forward by the defendant was far from adequate. “The Court is best assisted when the evidence of someone who…