The (In) Credible Witness

Yes, absolutely. In the recent case of Sud v The Mayor and Burgesses of the London Borough of Hounslow, the EAT held that the Tribunal was correct to strike out a case when the Tribunal's trust in the Claimant acting truthfully and in good faith was undermined as a result of her misleading the Tribunal and tampering with evidence. The EAT found that there was no way that a fair trial could take place when the Tribunal had lost faith in the credibility of the Claimant. Or to put it another way the Tribunal found the Claimant to be incredible.

This case got me thinking about the credibility of witnesses. In cases where the dispute is essentially fact based, the entire case may turn on whether or not a particular witness is credible.