Burden of Proof in UK Law
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Wong v Igen Ltd (formerly Leeds Careers Guidance) and Others; Emokpae v Chamberlin Solicitors and another; Webster v Brunel University
... ... Act 1976 ("the RRA") respectively as to the shifting of the burden of proof in direct discrimination cases under those Acts ... ...
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E D & F Man Liquid Products Ltd v Patel and Another
... ... 2 The burden that carried Mr Patel to defeat on his application rested in the fact that ... CPR 13.3 .(1) and 24.2 and, subject to the question of burden of proof, may be taken to have contemplated a similar test under each rule. It was ... ...
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R v Hunt (Richard)
... ... create statutory defences and may doubtfully provide for the onus of proof; the effect of Woolmington depends on the construction of the statute ... Appeal held that if the appellant wished to escape conviction the burden lay upon him to prove on the balance of probability that the preparation ... ...
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Fairchild v Glenhaven Funeral Services Ltd and Others
... ... , authority or policy requires or justifies a modified approach to proof of causation ... 3 ... it is of course true that the claimant is required to discharge the burden of showing that the breach of which he complains caused the damage for ... ...
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R v Lambert
... ... This was thus the legal rather than the merely evidential burden ... 2 The Court of Appeal held that a defendant did not have to ... section 28(2) imposed a legal rather than an evidential of burden of proof that the accused neither believed nor suspected nor had reason to suspect ... ...
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Kuzel v Roche Products Ltd
... ... Appeal Tribunal (EAT) and in this court about who has the burden of proving the reason for dismissal. That is a topical question of law on ... Was the ET putting the burden of proof on Dr Kuzel and saying that her section 103 A claim had not been made out ... ...
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Rhesa Shipping Company S.A. v Edmunds (Popi M)
... ... any question of law, except possibly the question what is meant by proof of a case "on a balance of probabilities." Nor do underwriters challenge ... The first matter is that the burden of proving, on a balance of probabilities, that the ship was lost by ... ...
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Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
... ... It cannot prescribe a code which will be proof against error, misunderstanding or mishap. But it can indicate minimum ... Burden of proof and presumptions ... 13 Whether a ... ...
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Paragon Finance Plc v DB Thakerar & Company
... ... It is difficult to see how they can have discharged the burden of showing that they come within the Section ... 79 The First ... The burden of proof is on them. They must establish that they could not have discovered the ... ...
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Wilsher v Essex Area Health Authority
... ... which the precaution is designed to be a protection, then the burden lies on the defendant to show that he was not in breach of duty as well as ... ground that he had misdirected himself in holding that the burden of proof was reversed so that it lay upon the authority to show that they were not ... ...
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