The Government has argued that too much time has passed to allow a fair trial over alleged atrocities by British authorities in Kenya in the 1950s.
Guy Mansfield QC said the Foreign and Commonwealth Office faced "irredeemable difficulties" with witnesses and documents to defend the claim.
Without those witnesses, and indeed with the necessarily limited recollections of those who do survive, the very complicated and difficult task of determining the competing factual positions cannot be fairly conducted.
There is a dearth of evidence which can be given as to what was in people's minds when they made decisions and sent or read telegrams or attended meetings or were told of matters or visited places.
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An RAC poll of 2,000 UK motorists found just 36% could correctly state that offenders now face six penalty points and a £200 fine.
The victim, who has not been named, was taken to Norfolk and Norwich University Hospital where he later died.
Mr Friedland, a former journalist who had worked at Netflix for seven years, said he felt ‘awful about the distress this lapse caused’.