This non cooperation element baffles me.
If we have genuinely not provided such and such a document, or spreadsheet or witness statement, how would they be able to prove the alleged breach that relates to?
Remember the emphasis is on them to prove not us to disprove.
I get that an adverse inference could be drawn but that doesn’t necessarily amount to proof.
Also, would there be some “cut off point” for not cooperating on whatever issue? So for eg the PL say we need such and such a document by 1st May and we don’t provide it, but provide it a week later, would that still be non cooperation even though we have factually provided the document?
Would there be any criteria where not providing something is actually ok?