How the court assesses witness credibility—conflicting evidence and dishonesty (Rancom Security Ltd v Girling)

Article summary

Information Law analysis: This case analyses the legal principles around breach of confidence, inducement and procurement, conspiracy to injure by unlawful means, and malicious falsehood in a claim that the first and second defendants, having set up their own company (D3), deliberately pursued a ‘Grand Plan’ to resign and set up in competition with the claimant by exploiting the claimant’s database to target its customers. The defendants asserted that they had used legitimate marketing activities to target the claimant’s customers. This case is a valuable reminder of the applicable legal principles in these areas, with particular relevance for civil fraud practitioners. However, perhaps more important is the detailed analysis in the judgment as to how the courts will assess conflicting evidence. It is also a lesson in how the courts will assess witness credibility, which albeit in the context of a civil fraud and dishonesty claim is of relevance to disputes practitioners generally. Written by Rachel Ziegler,...