Balance of Probabilities in UK Law
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Company's appeal stifled by order to pay sum into court (Goldtrail Travel Ltd v Onur Air)
When can a court take into account the wealth of a corporate appellant’s owner in deciding whether imposing a condition for payment of the judgment sum would stifle an appeal? The Supreme Court’s j...... ... evidential burden to overcome to establish that, on the balance of probabilities, funds would not be available from a related third party ... ...
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UK Policing and Crime Act Receives Royal Assent
The Policing and Crime Act 2017 was enacted. The Act has wide reaching implications, including for the financial services industry. Among other things, the Act creates new civil monetary penalties...... ... The OFSI may impose a monetary penalty if it is satisfied, on the balance of probabilities, that a breach has been committed and the offending ... ...
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It's All on You! The Burden of Proof and Records in Construction
Maintaining records to meet the burden of proof and demonstrate causation in your construction claim or defence is essential. It’s all on you! Burden of proof - The burden of proof to be sati...
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Energy Litigation Update: Measure of Damages for Breach of a Contract to Drill Exploratory Oil or Gas Well: U.S. and English Law.
Measure of Damages for Breach of a Contract to Drill Exploratory Oil or Gas Well - U.S. and English Law. With recent increasing frontier exploration activity, greater attention has fallen on...... ... , knowing that the promisee cannot prove any loss because, on a balance of probabilities, the work would not have led to a commercial discovery? ... ...
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Show Me the Money - Parent Company Pays for Subsidiary Corruption Civil Recovery and Parent Companies: The Law in the UK
Under the UK Proceeds of Crime Act 2002 ("POCA") the authorities can seek to part those thought to have the benefit of criminal conduct from those ill-gotten gains. Since POCA's introduction, Engli...
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Show Me the Money - Parent Company Pays for Subsidiary Corruption Civil Recovery and Parent Companies: The Law in the UK
Under the UK Proceeds of Crime Act 2002 ("POCA") the authorities can seek to part those thought to have the benefit of criminal conduct from those ill-gotten gains. Since POCA's introduction, Engli...
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Loss of Chance? Probably Not
... ... " ... whether on the balance of probabilities, the claimant succeeded in proving, either by direct ... ...
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A New Standard Of Proof For A Conclusion Of Suicide
... ... Finally, they were directed to make their findings on the balance of probabilities (the civil standard) ... The jury decided on the ... ...
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Supreme Court Considers Loss Of Chance In Professional Negligence Claim
... ... have done in the absence of negligence, that must be proved on the balance of probabilities. To the extent that the supposed beneficial outcome ... ...
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Limitation And Joint Enterprise - Young v Downey
... ... that the Claimant discharged the burden of proving that on the balance of probabilities the Defendant was liable for the death through causing ... ...
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