03 February 2023
Barrister Dr Mike Wilkinson discusses the ‘do’s and don’ts’ of disclosure, in this week’s NLJ.
In a fascinating article, available here, he covers the seriousness of suppressing documents and other evidence, including such unfathomable incidents as accidentally losing a phone in the North Sea (Vardy v Rooney).
Wilkinson, of 18 St John Street Chambers, covers the Roman law of ‘exploitation’ (wanton destruction of evidence), the drawing of adverse inferences where a document is ‘conspicuous by its absence’, and much more. He warns of the risk of penalty, noting ‘there are plenty of sanctions short of a complete strike-out’ which the court can apply.
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