“… wrongdoing has created uncertainties, those should where necessary be resolved by making 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 ev…”
“… in Armory v Delamirie. As explained by George Leggatt QC sitting as a Deputy High Court Judge (as he then was) in Fearns v Anglo-Dutch Paint & Chemical Co Ltd [2010] EWHC 1708 (Ch) at [70], “this requires the Court to resolve uncertainties by making assumptions generous to the claimant where it is the defendant’s wrongdoing which has crea…”