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I agree with the commentator below that we really should not be leaping to the defence of someone found to be fraudulent. However I equally feel that something needs to be done about causation / LVI/ FD defences that fail. Virtually every defence these days raises causation / LVI simply to avoid the entry of Judgement. 95% then settle. The ones that don't the actual defendant rarely turns up to give evidence. C is simply put to proof. If D's want to raise these arguments then they should be compelled to attend trial otherwise the Court should be allowed to draw adverse inferences.

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