header-logo header-logo

30 July 2010 / Keith Patten
Issue: 7428 / Categories: Features , Personal injury
printer mail-detail

Bearing the burden

Keith Patten applauds the judiciary’s common-sense approach to evidence in personal injury claims

It is trite law that a claimant in a personal injury claim bears the burden of proof on most important issues, including those of duty, breach, damage and causation. This burden carries with it an obligation on the part of the claimant to adduce evidence from which the court can be convinced (on a balance of probabilities, of course) that the case he is advancing has been made out. As a general proposition, therefore, if evidence is simply not available then that is likely to represent a problem for the claimant rather more than for the defendant. That basic statement of principle can, however, be subject to a more nuanced approach in some cases. What, for example, of the position where the non-availability of evidence is, of itself, a consequence of the defendant’s breach of duty. That was an issue which the Court of Appeal needed to address in Keefe v The Isle of Man Steam Packet Company Limited [2010] EWCA Civ

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll