The defendant appealed a judgment. She was an employee of the claimant, and contractually due to make good certain sorts of losses. When the claim was made, she asked for the original documentation, but it was eventually admitted that it had been destroyed whilst in the claimant’s possession. The trial had proceeded on the basis of secondary evidence.
Held: The secondary evidence was prima facie admissible, and such evidence should not normally be excluded without strong reason. However here the defendant had requested the documentation early, and the claimant had not taken proper care of the documentation. This went to the weight to be attached to the evidence, and that relating to the substantial amounts should have been excluded.
Hale LJ, Kay LJ
Times 31-Oct-2003,  EWCA Civ 1583
England and Wales
Updated: 08 June 2022; Ref: scu.187373