Malhotra v Dhawan [1997] EWCA Civ 1096 (26 February 1997)

Malhotra v Dhawan [1997] EWCA Civ 1096 (26 February 1997)

The trial judge correctly applied the principle regarding destruction of evidence, drawing adverse inferences only where consistent with other evidence, and was entitled to make the costs order, including indemnity costs, given the conduct of Mr. Malhotra and the nature of the Calderbank offer.

Citation
[1997] EWCA Civ 1096
Parties
Plaintiff/appellant: Mr. Malhotra; Defendant/respondent: Mr. Dhawan
Jurisdiction
England and Wales
Judgment Date
26 February 1997
Procedural Posture
Civil Appeal / Appeal From High Court, Chancery Division
Outcome
Appeal dismissed
Legal Topics
Costs, Destruction of Evidence, Remuneration, Account of Profits, Employer Employee Relationship
Civil Procedure Contract Law Costs Destruction of Evidence Remuneration Account of Profits Employer Employee Relationship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr. Malhotra

Plaintiff/appellant

Mr. Dhawan

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether the trial judge correctly applied the principle regarding destruction of evidence (omnia praesumuntur contra spoliatorem)
  2. 2 Whether the costs order, including indemnity costs from a certain date, was appropriate

Ratio Decidendi

The trial judge correctly applied the principle regarding destruction of evidence, drawing adverse inferences only where consistent with other evidence, and was entitled to make the costs order, including indemnity costs, given the conduct of Mr. Malhotra and the nature of the Calderbank offer.

Court Disposition

Appeal dismissed

Orders

  • Costs on the standard basis to be taxed if not approved