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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Adverse inferences
IT'S NOT YOUR OPPONENT'S JOB TO POINT OUT OMISSIONS IN YOUR OWN EVIDENCE: A CLOSER LOOK AT ONE ASPECT OF PJSC TATNEFT

IT’S NOT YOUR OPPONENT’S JOB TO POINT OUT OMISSIONS IN YOUR OWN EVIDENCE: A CLOSER LOOK AT ONE ASPECT OF PJSC TATNEFT

November 30, 2020 · by gexall · in Civil evidence, Written advocacy

One particular aspect of the judgment in PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3250 (Comm) that warrants closer investigation. That is the claimant’s argument that it did not have notice that the defendants were going to invite the court…

ADVERSE INFERENCES DRAWN WHEN SOLICITOR DID NOT GIVE EVIDENCE: IF YOU'VE HAD £22 MILLION YOU NEED TO EXPLAIN IT

ADVERSE INFERENCES DRAWN WHEN SOLICITOR DID NOT GIVE EVIDENCE: IF YOU’VE HAD £22 MILLION YOU NEED TO EXPLAIN IT

January 2, 2019 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In The Lord Chancellor v Blavo & Co Solictors Ltd & Anor [2018] EWHC 3556 (QB) Mr Justice Pepperall found it was appropriate to draw adverse inferences when key  participants did not give evidence.  It is another example of the principles…

DRAWING ADVERSE INFERENCES WHEN WITNESSES ARE ABSENT: COURT OF APPEAL DECISION TODAY:  COURT HAS A DISCRETION AS TO THE INFERENCES TO BE DRAWN

DRAWING ADVERSE INFERENCES WHEN WITNESSES ARE ABSENT: COURT OF APPEAL DECISION TODAY: COURT HAS A DISCRETION AS TO THE INFERENCES TO BE DRAWN

August 29, 2018 · by gexall · in Appeals, Civil evidence, Witness statements

I am grateful to barrister  Luka Krsljanin for sending me a copy of hte Court of Appeal decision today in Manzi -v- King’s College NHS Foundation Trust [2018] EWCA Civ 1882. The Court rejected an argument that the trial judge…

PROVING THINGS 78: AN ABSENT WITNESS IS NEVER GOING TO HELP: DEFENDANT'S FAILURE TO TAKE CONTEMPORARY STATEMENTS LEADS TO ADVERSE INFERENCES

PROVING THINGS 78: AN ABSENT WITNESS IS NEVER GOING TO HELP: DEFENDANT’S FAILURE TO TAKE CONTEMPORARY STATEMENTS LEADS TO ADVERSE INFERENCES

December 5, 2017 · by gexall · in Civil evidence, Clinical Negligence, Uncategorized, Witness statements

In a talk today to a group of clinical negligence lawyers I discussed the issue of evidence, and “missing” documents and witnesses. In particular the relevance of   Keefe v Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 on the…

NON-COMPLIANCE WITH PEREMPTORY ORDERS: THE FULL JUDGMENT IN POWELL -v- WATFORD BOROUGH COUNCIL

NON-COMPLIANCE WITH PEREMPTORY ORDERS: THE FULL JUDGMENT IN POWELL -v- WATFORD BOROUGH COUNCIL

September 23, 2017 · by gexall · in Applications, Civil Procedure, Conduct, Disclosure, Peremptory orders, Sanctions

I have written before about the judgment of Mr Justice Jay in Powell -v- Watford Borough Council [2017] EWHC 2283 (QB). The full transcript has now become available. It deals with an important point about the need to follow the…

ABSENT WITNESSES DO NOT LEAD TO ADVERSE INFERENCES: ARGUMENT WOULD LEAD TO NEW "COSTS AND TERROR" IN LITIGATION

ABSENT WITNESSES DO NOT LEAD TO ADVERSE INFERENCES: ARGUMENT WOULD LEAD TO NEW “COSTS AND TERROR” IN LITIGATION

June 21, 2017 · by gexall · in Civil evidence, Witness statements

In Astex Therapeutics Limited -v- Astranzenca AB [2017] EWHC 1442 (Ch) Mr Justice Arnold considered, and robustly dismissed, an argument that the court should draw adverse inferences from absent witnesses. “I find it extraordinary that it can be suggested that…

ADVERSE INFERENCES FROM ABSENT WITNESSES: ANOTHER EXAMPLE IN THE HIGH COURT

ADVERSE INFERENCES FROM ABSENT WITNESSES: ANOTHER EXAMPLE IN THE HIGH COURT

June 20, 2017 · by gexall · in Civil evidence, Witness statements

In NRC Holding Limited -v- Danilitskiy [2017] EWHC 1431 (Ch) Robin Dicker QC, sitting as a High Court judge, considered the inferences that should be drawn when a key individual did not give evidence. THE CASE The claimant had a…

WHAT INFERENCES SHOULD THE JUDGE DRAW WHEN A WITNESS CLAIMS PRIVILEGE AGAINST SELF-INCRIMINATION?

February 7, 2017 · by gexall · in Civil evidence, Witness statements

The judgment of Mr Justice Nugee in Clydesdale Bank plc -v- Stoke Place Hotel Ltd (in administration) [2017] EWHC 181 (Ch) is another one of those cases we will look at twice.  Both posts will be about the judge’s assessment…

ADVERSE INFERENCES NOT DRAWN WHEN WITNESSES ARE ABSENT: ANOTHER EXAMPLE

December 21, 2016 · by gexall · in Civil evidence, Uncategorized, Witness statements

There are several posts on the blog which deal with the approach the trial judge takes when certain witnesses are not present.  In some cases it leads the judge to draw adverse inferences, in others it does not.  In Welds…

THE INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: EVIDENCE BEFORE THE COURT OVERRIDES HEARSAY

THE INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: EVIDENCE BEFORE THE COURT OVERRIDES HEARSAY

September 22, 2016 · by gexall · in Statements of Truth, Uncategorized, Witness statements

This blog has looked many times at cases which consider the practical implication of the test in Central Manchester Health Authority v W (A minor) [1998] PIQR P324: the inferences a trial judge should infer when witnesses are noted called at…

CIVIL EVIDENCE: ABSENT DOCTOR DOES NOT LEAD TO AN ADVERSE INFERENCE

May 13, 2016 · by gexall · in Civil evidence, Uncategorized, Witness statements

CIVIL In Manzi -v- King’s College Hospital NHS Foundation Trust [2016] EWHC 1101 (QB) Mr Justice Nicol considered the question of whether it was appropriate for a court to draw adverse inferences when a witness is not called. “… in…

PROVING THINGS 4: WITNESSES WHO JUST AREN'T THERE

February 9, 2016 · by gexall · in Civil evidence, Uncategorized, Witness statements

We have looked at three recent cases where there was simply not the evidence at court to prove the case.  In Caliendo -v- Mischon De Reya [2016] EWHC 150 (Ch) there is a whole section of the judgment devoted to…

PROVING THINGS BY EVIDENCE: ANOTHER EXAMPLE OF AN ABSENCE OF EVIDENCE LEADING TO A CASE FAILING

November 11, 2015 · by gexall · in Civil evidence, Uncategorized, Witness statements

The case of Goldsmith Williams -v- E.Surv Limited [2015] EWCA Civ 1147 will, no doubt, be discussed as a professional negligence case and it may have some impact on the duties of conveyancing solicitors. However the appeal, at heart, relates…

DENTON, DELAY AND THE COURT OF APPEAL: OUT OF TIME APPEAL REFUSED

November 8, 2015 · by gexall · in Appeals, Relief from sanctions, Uncategorized

The Court of Appeal considered the Denton criteria in JA (Ghana) -v- The Secretary of State for the Home Department [2015] EWCA Civ 1031. A decision that emphasises that the criteria can be applied rigorously. “A more appropriate and (individually)…

SILENCE ON KEY ISSUES DOES NOT PROVE YOUR CASE: SQUARING UP TO WITNESS EVIDENCE

September 29, 2015 · by gexall · in Civil evidence, Limitation, Uncategorized, Witness statements

The judgment of Recorder Halpern QC in Canada Square Operations Ltd -v- Kinleigh Folkard & Hayward Limited (17/09/15)* is interesting for a number of reasons. Firstly on issues of limitation; secondly on the point that a court will not infer…

ADVERSE INFERENCES FROM MISSING DOCUMENTS AND WITNESSES: ANOTHER CASE TO POINT

September 19, 2015 · by gexall · in Civil evidence, Uncategorized

We have looked at the decision of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA 2264 (QB) several times, firstly in relation to witness evidence and then in relation to the use of social…

A FAILURE TO DISCLOSE CAN BE JUST AS TELLING AS DISCLOSURE ITSELF: EVIDENCE, INFERENCES AND THE BLUE ANGEL CASE

August 25, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Uncategorized

The decision of Mr Robin Hollington QC (Sitting as a Deputy Judge of the Chancery Division) in Davy -v- Croxen [2015] EWHC 2372 (Ch) (“The Blue Angel case”) contains some illuminating observations about the practicalities and costs of disclosure and…

THAT "PARTIAL" ADMISSION: IT IS STILL BINDING AND YOU MAY NOT BE ALLOWED TO RESILE FROM IT

July 31, 2015 · by gexall · in Applications, Civil Procedure, Statements of Case, Uncategorized

The judgment of Mr Justice William Davis in Cavell -v- Transport for London [2015] EWCA 2283 (QB) has some important observations in relation to admissions and attempts to resile from admissions. “It cannot be in those interests to permit the…

OVERTURNING FINDINGS OF FACTS AND "INFERENCES" ON APPEAL

June 5, 2015 · by gexall · in Appeals, Civil evidence, Witness statements

In Vann -v-Ocidental [2015] EWCA Civ 572 the Court of Appeal overturned a finding that there was no contributory negligence. There is an interesting discussion about appeals on findings of fact and the inferences that the judge draws from those…

I DIDN'T MEAN IT WHEN I SIGNED THE JOINT REPORT: WHAT HAPPENS WHEN EXPERTS CHANGE THEIR MINDS?

May 19, 2015 · by gexall · in Civil evidence, Civil Procedure, Experts

The judgment of Mr Justice Leggatt in Iraqi Civilians -v- Ministry of Defence [2015] EWHC 1254 (QB) contains some interesting passages in relation to an expert reneging from the contents of a joint report. In particular what is the appropriate…

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