Malhotra v Dhawan

(1997) 8 Med LR 319

COURT OF APPEAL

Lord Justice SAVILLE, Lord Justice MORRITT, and Sir Patrick RUSSELL

Practice — Evidence — Documents destroyed by defendant — Omnia praesumuntur contra spoliatorem — Whether trial judge dealt correctly with consequence of destruction by defendant of client files — Costs — Indemnity basis — Whether trial judge right in (1) recognising letter as effective Calderbank letter for purposes of costs; (2) in ordering that costs should be taxed on indemnity basis