…nota bene…

In a contest purely between one litigant and another, … the task of the court is to do … justice between the parties … There is no higher or additional duty to ascertain some independent truth. It often happens, from the imperfection of evidence, or the withholding of it, sometimes by the party in whose favour it would tell if presented, that an adjudication has to be made which is not and is known not to be, the whole truth of the matter; yet if the decision has been in accordance with the available evidence, and with the law, justice will have been fairly done.

Air Canada v Secretary of State for Trade (No. 2) [1983] 1 All ER 910 by Lord Wilberforce at p. 919

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Last updated: 01-Sep-2015

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