‘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.’
OUT-LAW.com, 26th October 2023
Source: www.pinsentmasons.com
‘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.’
The Guardian, 11th July 2023
Source: www.theguardian.com
‘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.’
The Guardian, 16th June 2023
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 2nd May 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Ropewalk Clinical Negligence Blog, 29th March 2023
Source: ropewalk.co.uk
‘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.’
St Philips Barristers, 30th March 2023
Source: st-philips.com
‘Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.’
Local Government Lawyer, 25th November 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
EIN Blog, 14th November 2022
Source: www.ein.org.uk
‘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).’
Nearly Legal, 13th November 2022
Source: nearlylegal.co.uk
‘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.’
UKSC Blog, 19th October 2022
Source: ukscblog.com
‘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.’
UKSC Blog, 1st August 2022
Source: ukscblog.com
‘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.”’
Gatehouse Chambers, 11th May 2022
Source: gatehouselaw.co.uk
‘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”).’
UKSC Blog, 20th May 2022
Source: ukscblog.com
‘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.’
Ropewalk Chambers, 23rd March 2022
Source: www.ropewalk.co.uk
‘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.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
St John's Chambers, 18th October 2021
Source: www.stjohnschambers.co.uk
‘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.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘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.’
Each Other, 3rd August 2021
Source: eachother.org.uk
‘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.’
Littleton Chambers, 23rd July 2021
Source: littletonchambers.com
‘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.’
Henderson Chambers, 9th July 2021
Source: www.hendersonchambers.co.uk
© Inner Temple Library 2023