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ARTICLE · 16 SEPTEMBER 2022

"Wagatha Christie": Adverse Inferences Can Be Drawn Where Evidence Has Been Lost

Debevoise & Plimpton
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In the recent case of Vardy v Rooney, the High Court provided useful guidance as to how it will deal with the issue of lost or missing evidence.

United KingdomLitigation, Mediation & Arbitration
Christopher Boyne
Christopher Boyne
Patrick Swain
Patrick Swain
Julia Caldwell
Julia Caldwell

Key Takeaways:

  • In the recent case of Vardy v Rooney, the High Court provided useful guidance as to how it will deal with the issue of lost or missing evidence.
  • The court can draw adverse inferences against a party where data has been lost; particularly where the loss appears deliberate. This can have a significant impact on the outcome of civil litigation.
  • Document retention and preservation procedures should therefore be strictly adhered to in order to minimise the risk of such adverse inferences being drawn.

In the recent (and widely publicised) case of Vardy v Rooney [2022] EWHC 2017 (QB), the High Court provided useful guidance as to how it will deal with the issue of lost or missing evidence.

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