Q&As

Where an accident was recorded on CCTV, viewed by the defendant's employees and then deleted, how do I ensure that the defendant is sanctioned for abuse of process?

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Published on LexisPSL on 06/07/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where an accident was recorded on CCTV, viewed by the defendant's employees and then deleted, how do I ensure that the defendant is sanctioned for abuse of process?
  • Disclosable documents:
  • Failure to comply with disclosure obligations—Rule 31.21

Disclosable documents:

CPR PD 31B, para 7, which deals with the disclosure of electronic documents, expressly requires you to advise your client to preserve disclosable documents as soon as you have been instructed to deal with a dispute; where the claim has, or is likely to be, allocated to the multi-track (we assume that your case is a low value EL/PL claim but that liability is in dispute/it will not remain in the portal). In any event, putting in place processes whereby potentially disclosable documents are preserved is sensible where you would wish to have available to you any documents, which might affect the outcome of the case, where your client is obliged to disclose any documents, which are or have been under their control and where the court may take a dim view where documents are not disclosed because they were destroyed after litigation was contemplated. See: Disclosure—preserving documents for more information.

In Earles v Barclays Bank, Judge Simon Brown QC confirmed the position so far as preservation of documents:

  1. prior to the issue of proceedings there is no duty to preserve documents, but there may be cost sanctions if a party does not do so in circumstances where it would have been reasonable to. In Earles the defendant bank accepted the word of one of its employees that they had no relevant e-mails. The

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