On behalf of the claimant, it is said that there would [be] no evidential prejudice to the defendant.
If you are not sure, disregard it because it has no evidential value.
The defence rightly perceive the evidential difficulties which arose in relation to it as one of the points which they could properly exploit.
The diary entry had accordingly no significance or evidential value.
It is said that the proven circumstances do not support an inference of confinement which is of evidential value in law.
Now that there is a statutory definition, evidential criteria do not form part of the formulation of the question to be decided.
But the comparators that can be of evidential value, sometimes determinative of the case, are not so circumscribed.
The research papers relied on by the Appellant, although of some evidential value, are very general and speculative.
As already noted, there are two prerequisites to the evidential shift in the burden of proof from the complainant to the other party.
In such a case the tribunal does not have to refer back its evidential analysis for further submissions.