English court issues reminder of burden of proof in product liability cases – OUT-LAW.com

Posted October 27th, 2023 in appeals, burden of proof, causation, damages, news by sally

‘The English Court of Appeal has reminded claimants that, where there are competing explanations for causation in an action for damages, it is for them to prove their case on the balance of probabilities.’

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OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

Man killed nine-year-old Lilia Valutyte in Lincolnshire street, jury finds – The Guardian

‘Deividas Skebas killed nine-year-old Lilia Valutyte by stabbing her in the heart as she played with a hula hoop in the street, a jury has decided.’

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The Guardian, 11th July 2023

Source: www.theguardian.com

Bar for street sexual harassment offences in England and Wales set too high, charities say – The Guardian

‘Proposals to tackle sexual harassment in the street in England and Wales do not go far enough because the bar for offences has been set too high, charities have warned.’

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The Guardian, 16th June 2023

Source: www.theguardian.com

Judge allows appeal against decisions of city council over whether accommodation was unsuitable – Local Government Lawyer

Posted May 3rd, 2023 in appeals, burden of proof, homelessness, housing, local government, news by tracey

‘A homelessness appeal has been allowed on three out of four grounds on behalf of a man who was placed in unsuitable accommodation by Cambridge City Council.’

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Local Government Lawyer, 2nd May 2023

Source: www.localgovernmentlawyer.co.uk

Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog

Posted April 14th, 2023 in burden of proof, chambers articles, damages, negligence, news, personal injuries by tracey

‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’

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Ropewalk Clinical Negligence Blog, 29th March 2023

Source: ropewalk.co.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

Taxi driver licence appeals: burden of proof – Local Government Lawyer

Posted November 28th, 2022 in appeals, burden of proof, licensing, local government, news, taxis by tracey

‘Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Refusals on ‘Not Conducive to the Public Good’ Grounds – EIN Blog

Posted November 18th, 2022 in burden of proof, government departments, immigration, news, public interest by tracey

‘Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements. This applies to applications for entry clearance, permission to enter and permission to stay.
Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an individual of their British citizenship. This is set out in further detail in our earlier post here. However, the deprivation of citizenship is provided for separately under section 40(4) of the British Nationality Act 1981.’

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EIN Blog, 14th November 2022

Source: www.ein.org.uk

Service charges, burden of proof, and costs of proceedings – Nearly Legal

Posted November 14th, 2022 in burden of proof, costs, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property Act 1925) (2022) UKUT 285 (LC).’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Case Comment: Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19 – UKSC Blog

‘In this post, Sophie Malley, a trainee solicitor at CMS, comments on the decision in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19, the first product liability case to reach the UK Supreme Court.’

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UKSC Blog, 1st August 2022

Source: ukscblog.com

Did you see? You may have missed… Mr Charles Beresford Davies-Gilbert v Mr Henry James Goacher, Mr Steven Adrian Chester [2022] EWHC 969 – Gatehouse Chambers

‘The Claimant was the owner and/or estate manager of land known as the Gilbert Estate. The Defendants were both freehold owners of land subject to restrictive covenants in favour of land owned by the Claimant. The relevant covenant prohibited any construction without a written licence, “such licence not to be unreasonably withheld.”’

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Gatehouse Chambers, 11th May 2022

Source: gatehouselaw.co.uk

Case Preview: Hastings v Finsbury Orthopaedics Limited and Anor – UKSC Blog

‘The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 (the “CPA”).’

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UKSC Blog, 20th May 2022

Source: ukscblog.com

Slipping Claims and Evidential Burdens – Ropewalk Chambers

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Farrar Out – Local Government Lawyer

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

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St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Why Is Disability Hate Crime So Hard To Prove? – Each Other

‘Under UK law, something is deemed a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity or sexual orientation. It then becomes a hate crime if it crosses the boundary of criminality.’

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Each Other, 3rd August 2021

Source: eachother.org.uk

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

The Reverse Burden of Proof in Health and Safety Prosecutions: As You Were – Henderson Chambers

‘In R v (1) AH Ltd and (2) Mr SJ, the appellants sought leave from the Court of Appeal to challenge the reverse evidential and legal burdens of proof to establish the “reasonably practicable” defence pursuant to s40 HSWA1974. Although permission to appeal was ultimately refused, the reasoning behind the decision is important reading for health and safety practitioners in the context of increasingly vigorous prosecutions.’

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Henderson Chambers, 9th July 2021

Source: www.hendersonchambers.co.uk