MAKING FINDINGS ON THE BASIS OF THE LIST OF DOCUMENTS ALONE: THE MACKENZIE PERPLEX

There is one aspect of the judgement in Mackenzie v Alcoa Manufacturing (Gb) Ltd [2019] EWCA Civ 2110 that requires a little more attention. That is is the question of how parties, faced with the absence of documents and where those documents may be important, should frame their cases.  I am not cer...