Peter Hungerford-Welch, associate dean, The City Law School, City University London. W www.city.ac.uk/law
Where evidence to support an account given by a party is or should readily be available, a judge is entitled to take into account the failure to provide that evidence and any explanations for that failure. Th is may be a factor of considerable weight in relation to credibility where there are doubts about the credibility of a party.