WITNESS EVIDENCE WEDNESDAY i : COURT WOULD NOT DRAW ADVERSE INFERENCES FROM WITNESSES WHO WERE NOT CALLED TO GIVE EVIDENCE “THE PERMISSIBLE FUNCTIONS OF CROSS-EXAMINATION DO NOT INCLUDE ENABLING THESE DEFENDANTS TO FISH FOR MATERIAL IN SUPPORT OF A CASE THAT IS (i) UNPLEADED (ii) IS INCONSISTENT WITH THE CASE THAT IS PLEADED”

February 4, 2026 · by · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Witness statements

As you may guess from the title we are looking at witness evidence more than once today.  Firstly we are going to look at an argument from the defendants that a claimant's failure to call witnesses to give evidence meant the court should draw adverse inferences.  The judge's response to this argumen...

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