WHEN A DEFENDANT FAILS TO PRESERVE DATA ON SURVILLANCE EVIDENCE IT IS IN BREACH AND THE COURT REQUIRES AN EXPLANATION
An earlier post looked at the judgment of HHJ Walden-Smith in Stannard -v- Euro Garages Ltd [2022] EW Misc 3 (CC). There is another aspect of that judgment which is of interest. The defendant were relying on surveillance evidence. However the…
THE COURTS WILL RARELY DETERMINE ALLEGATIONS OF FUNDAMENTAL DISHONESTY AS A PRELIMINARY ISSUE
In Stannard -v- Euro Garages Ltd [2022] EW Misc 3 (CC) HHJ Walden-Smith dismissed the defendant’s application that the issue of alleged fundamental dishonesty be heard as a preliminary issue and the action struck out. The judge held it was…
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