“… the CAT are exercises in pragmatism and that undue formalism and precision are not required: See the summary of the case law in NTN v Stellantis NV and others [2022] EWCA Civ 16 at paragraphs [24] - [29]. These considerations broaden the Tribunal’s margin of discretion or judgment. This Court should not interfere simply because it migh…”
“…assumptions generous to the claimant: Gary Fearns v Anglo-Dutch Paint [2010] EWHC 1708 (Ch), §70. Green LJ commented to similar effect in NTN Corp v Stellantis [2022] EWCA Civ 16, §26 that where a claimant has a justiciable right the procedural and evidential rules governing the enforcement of that right should not be so onerous that it…”
“…vely in the hands of the merchant”. If the merchant did not produce this evidence adverse inferences might be drawn by the Court. In NTN and others vStellantis [2022] EWCA Civ 16 (“Stellantis”) at paragraph [53] the Court of Appeal explained that, in the light of Sainsbury’s, the whereabouts of relevant disclosure would affect how the b…”
“…te incentives for undertakings to comply with the law (see Le Patourel (ibid) paragraphs [25] – [30]). In NTN Corporation and others v Stellantis NV and others [2022] EWCA Civ 16 at paragraph [29] (“NTN”), the Court of Appeal, citing earlier Supreme Court and other judgments, described the principle of effectiveness: “… procedural and e…”