Re Bate. Bate v Bate
| Jurisdiction | England & Wales |
| Date | 1889 |
| Court | Chancery Division |
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4 cases
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Easteye Ltd v Malhotra Property Investments Ltd
...safety of the inference. In this case there is a large gap in the direct evidence over a period of almost 100 years. 141 In Re Bate [1947] 2 All ER 418 the court was faced with the difficulty of drawing inferences in circumstances where, for good reason, the evidence was incomplete. This w......
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The Estate of John William Scarle Deceased (by his personal representative Ann Winter) v The Estate of Marjorie Ann Scarle Deceased (by her personal representative Deborah Ann Cutler)
...to render certain that which appears uncertain. In support of his arguments he relies upon Hickman v Peacey [1945] A.C. 304, Re Bate [1947] 2 All ER 418, Re Kennedy [2000] 2 I.R. 571 and the contrast with other statutory presumptions which provide for their rebuttal in terms such as “unles......
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Ting Kam Yuen v Cheung Wing Kin And Another
...had died before the older one, the presumption in section 11 will not apply (Hickman v Peacy [1945] AC 304 at323-324 and Re Bate [1947] 2 All ER 418. The burden of proof is, of course, on the Plaintiff and the standard is on a balance of probabilities (Re Phene’s Trust (1869-70) LR5 Ch. App......
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TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER
...had died before the older one, the presumption in section 11 will not apply (Hickman v Peacy [1945] AC 304 at323-324 and Re Bate [1947] 2 All ER 418. The burden of proof is, of course, on the Plaintiff and the standard is on a balance of probabilities (Re Phene’s Trust (1869-70) LR5 Ch. App......
1 books & journal articles
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Comparative analysis of commorientes - a South African perspective : part 1
...1-39. Nótári and Papp (FJ)12.46 HLR 344 and n 5; Nathan (TLR) 39-40 fn 19; Nótári and Papp (FJ) 12.47 Derrett (UCR) 56-62. Re Bate [1947] 2 All ER 418; Ross’s Judicial Factor vMartin [1955] SC (House of Lords) 56; Adare v Fairplay [1956] OR 188(Court of Appeal for Ontario) where a couple di......