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Conflicting Evidence and Witness Credibility in Civil Fraud: Practical High Court guidance from Rancom Security Ltd v Girling on adverse inferences, disclosure gaps and CPR PD 57AC (England and Wales)

Published on: 19 May 2023

Published by a LexisNexis Information Law expert

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Article summary

Rancom Security Ltd v Girling and others [2023] EWHC 1115 (Ch) What are the practical implications of this case?

This judgment has two strands—a refresher on essential legal principles and a pragmatic guide for disputes practitioners, notably those pursuing civil fraud or dishonesty claims, when building a case.

Conflicting evidence

Beyond its survey of principle, the court offers a detailed account of how it confronts a routine but difficult problem: conflicting evidence. It sets out the framework for evaluating changing accounts, gaps in proof, defects in disclosure, and the way witness statements and the litigation process can shape witnesses' recollections. The judgment also illustrates the courts' approach to weighing credibility and drawing adverse inferences.

While the findings inevitably turn on the facts, and arose within a dishonesty context, the court's treatment of these topics has broader resonance for any disputes lawyer. The sheer range of matters the judge considered when testing the parties' inconsistent narratives shows that these lessons must inform strategy from the outset. Practitioners should therefore factor these evidential themes into case theory, pleadings, disclosure plans, and witness preparation from day one, particularly where allegations of fraud or dishonesty are advanced, to avoid weaknesses and adverse credibility findings...

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