A party that deliberately destroys documents in anticipation of litigation, with the purpose of denying a fair trial to future plaintiffs, risks having its defence struck out under the court's inherent jurisdiction, even where the destruction occurred before proceedings were commenced. Adverse inferences are not necessarily a sufficient remedy where the destruction is systematic and deliberate. Solicitors who advise on or facilitate document destruction strategies in anticipation of litigation risk being found to have participated in subverting the discovery process. The court's power to strike out extends beyond non-compliance with existing discovery orders to encompass pre-litigation conduct that renders a fair trial impossible.
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