Adverse inferences where material evidence not available at trial (Mackenzie v Alcoa Manufacturing (GB) Ltd)

CA 1343 – Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110

Noise Photo

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.

This article was first published by Lexis®PSL on 03/12/2019

Please click on the above link for the full article

 

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