Wisniewski v Central Manchester Health Authority [1998] PIQR 324
Citation:Wisniewski v Central Manchester Health Authority [1998] PIQR 324
Link to case on WorldLII (reference).
Rule of thumb:Can you ‘no comment’ to a question in Court? If you do then adverse inference can be drawn from it.
Judgment:
Where a witness refuses to answer a question, or is silent, then an adverse inference can be drawn from this, provided there is some suggestion of possible wrongdoing - namely a ‘case to answer’ has been presented to them – meaning accusations of wrongdoing substantiated with some evidence to back up the facts being relied on to some degree, ‘From this line of authority I derive the following principles in the context of the present case: (1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in the action. (2) If a court is willing to draw such inferences, they may go to strengthen the evidence adduced on that issue by the other party or to weaken the evidence, if any, adduced by the party who might reasonably be expected to call the witness. (3) There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue. (4) If the reason for the witness's absence or silence satisfies the court, then no such adverse inference may be drawn. If, on the other hand, there is some credible explanation given, even if it is not wholly satisfactory, the potentially detrimental effect of his/her absence or silence may be reduced or nullified’, Brooke LJ
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.