Drawing An Adverse Inference From Absent Witnesses - Useful Judicial Guidance

Judgment given on 29th August by the Court of Appeal in Manzi v King's College Hospital NHS Foundation Trust gives useful guidance on whether adverse inference should be drawn from an absent witness. The full judgment can be found here.

Initial Trial

The case involved a claimant who had given birth at the defendant's hospital, but retained placenta following discharge. She suffered significant pain and collapsed, prompting a return to hospital for an ultrasound which revealed an 8cm retained mass. The claimant underwent surgery to remove the mass and suffered haemorrhage and psychiatric injury.

The makeup of the 8cm mass...