Staughton J discussed the modern meaning of the rule of evidence known in Latin as ‘omnia praesumuntur contra spoliatorem’ (everything is presumed against a destroyer (of evidence) – ‘spoliation’ as it is termed in US and which the rule of ‘litigation hold’ is designed to combat: ‘If the wrongdoer prevents the innocent party proving how much of his property has been taken, then the wrongdoer is liable to the greatest extent possible in the circumstances’
Judges:
Staughton J
Citations:
[1988] 1 QB 345, Times 23-Apr-1987
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, Damages
Updated: 06 May 2022; Ref: scu.427356
