Where a party fails to preserve documents after the commencement of proceedings, the defaulting party risks ‘adverse inferences’ being drawn for such ‘spoliation’. Because the defendant had not preserved documents affecting the quantum of damage, the maxim ‘omnia praesummuntur contra spoliatorem’ was applied against it. It was not enough for solicitors merely to give instructions not to destroy documents, and they should ensure that active steps for their preservation are taken.
Judges:
Julian Jeffs QC
Citations:
[1985] FSR 75
Citing:
See Also – Infabrics Ltd v Jaytex Shirt Co Ltd 1978
Section 5(2) of the 1956 Act provided that ‘Copyright in a . . work is infringed by any person who . . imports an article . . if to his knowledge the making of that article constituted an infringement of that copyright, or would have constituted . .
Cited by:
Cited – Earles v Barclays Bank plc Merc 8-Oct-2009
earles_barclaysQBD2009
The claimant had lost his claim against the bank, but resisted the amount of costs claimed.
Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 11 May 2022; Ref: scu.427355
