Where one party brings no evidence to challenge that of the other, that other is entitled to the most favourable interpretation of his evidence. Where a party has led no evidence upon a particular matter, the most favourable inferences may properly be drawn from evidence on that matter led by the other party. Lord Reid said: ‘Before I deal further with the facts I must note that both the respondents and Lloyd Lawrence, who appeared as defendants at the trial, elected to lead no evidence and to rely on the contention that the appellant’s evidence was insufficient to prove her case. They were quite entitled to do that but they cannot complain if in those circumstances the most favourable inferences are drawn from the appellant’s evidence of which it is reasonably capable’.
Judges:
Lord Reid
Citations:
[1964] 1 WLR 768, [1964] 2 All ER 452
Jurisdiction:
England and Wales
Cited by:
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 29 April 2022; Ref: scu.195462