- Adverse inferences where material evidence not available at trial (Mackenzie v Alcoa Manufacturing (GB) Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This case analysis considers the recent Court of Appeal decision in Mackenzie v Alcoa, in which the Court of Appeal considered the approach appellate courts should take in respect of a trial judge’s determination of fact. The court also considered the correct approach to the drawing of an adverse inference in respect of a historic industrial deafness case where there was noise in the workplace, but no noise survey was available from the material period. Written by Georgia Whiting, barrister, 4 King’s Bench Walk.
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