“MISSING” WHATSAPP POSTS AND A PHONE LOST AT SEA: WHAT INFERENCES WOULD THE COURT DRAW?

The facts in Vardy v Rooney [2022] EWHC 2017 (QB) are well known and have received wide publicity.  Here we look solely at the evidential issues relating to the "missing" evidence. In particular the amount of WhatsApp material that went "missing" and the mobile phone that was said to be accidentally...