CIVIL PROCEDURE, OPAQUE EVIDENCE AND “YOU SHOULD HAVE KNOWN”: ARGUMENTS THAT HAVE BEEN REJECTED BY THE COURTS – TWO EXAMPLES AND THE UNHAPPY CONSEQUENCES FOR THE LITIGANTS…

We are looking at an argument deployed in a case we considered earlier today. It was an argument that the defendants should have been able to "divine" from the oblique nature of the claimant's evidence that funding was not in place. This was roundly rejected by the court.   This is not the only exam...