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No evidence of deliberate wrongdoing by bank that would justify striking out defence
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Court of Appeal upholds the High Court's refusal to compel further discovery or strike out a bank's defence in an employment dispute case, on the grounds that, whilst the court recognised the bank's obligation to preserve documents once litigation is anticipated, it found no evidence of deliberate wrongdoing that would justify striking out the defence; and the court directs the bank to provide an affidavit explaining why no steps were taken to preserve documents post-litigation commencement.
Discovery - document preservation - litigation hold - employment dispute - Court of Appeal - High Court - evidence destruction - affidavit - fair trial - legal hold - electronic stored information (ESI) - Good Practice Discovery Guide - negligence - wilful default - costs -bank - plaintiff - defendant - procedural history - cross-examination - supplemental affidavit - data retention policy - legal department.
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