Post Office Counters Ltd v Mahida
The Post Office, having lost the primary documents and denied the defendant a fair opportunity to check the figures, failed to discharge the burden of proving the precise amount of the debt for the major item. Liability for the three smaller items was established, but not for the main Department of Social Security claim.
- Parties
- Claimant/respondent: Post Office Counters Limited; Defendant/appellant: Tarla Mahida
- Jurisdiction
- England and Wales
- Judgment Date
- 22 October 2003
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed in part
- Legal Topics
- Admissibility of Secondary Evidence, Burden of Proof, Fair Trial Rights, Loss of Evidence, Employment Termination
Case Brief
Summary, issues, holding and outcome
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Parties
Post Office Counters Limited
Claimant/respondent
Tarla Mahida
Defendant/appellant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the claimant adequately proved the loss claimed against the defendant
- 2 Whether a fair trial was possible given the destruction of underlying documents and lapse of time
Ratio Decidendi
The Post Office, having lost the primary documents and denied the defendant a fair opportunity to check the figures, failed to discharge the burden of proving the precise amount of the debt for the major item. Liability for the three smaller items was established, but not for the main Department of Social Security claim.
Court Disposition
appeal allowed in part
Orders
- Order of the trial judge set aside
- Judgment entered for the claimant in respect of the three smaller items only
Full Case Text
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