WITNESS EVIDENCE WEDNESDAY: WHEN DOES THE ABSENCE OF DOCUMENTS JUSTIFY AN ADVERSE INFERENCE ON SUMMARY JUDGMENT? IS THE WITNESS EVIDENCE DEFINITIVE?

The issue of how far a court can take witness statements at face value at an interlocutory hearing is always an interesting one. Similar issues arise in considering the question of the extent to which a court can take into account alleged omissions or failures to respond. "This does not mean that th...