Evidence

Court Consistency: Evidence

Is there any mismatch between these two statements in two different judgments on the point of the evidence a litigant deploys? :-

“I agree with the submission that it is not for the court to dictate what evidence an applicant chooses to lead, with the warning (which does not need to be spelt out) that if the court considers that the applicant cannot succeed without certain evidence, and the evidence has not been filed, the applicant will fail.” Mr Justice Nugee in Carton-Kelly v Hailey Acquisitions Ltd [2019] EWHC 2697 (Ch)

“Regrettably, there were certain categories of documents in the Applicants’ possession of material significance to the issues raised by their application which were not exhibited to their supporting statements and were not otherwise produced in evidence until I directed their production on day one of the trial…Office-holders bringing an application by application notice and witness statement must take proper steps to ensure that all non-privileged documents in their possession which are of obvious relevance to the issues raised by their application are exhibited to their supporting statements.” ICC Judge Barber in Stewart & Ors v Watkin [2019] EWHC 1311 (Ch)

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