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22 January 2009 / Peter Hungerford-welch
Issue: 7353 / Categories: Case law , Discrimination , Law digest , Human rights
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Discrimination

Syed v Wightlink (Guernsey) Ltd [2009] All ER (D) 38 (Jan)

Regarding the reverse burden of proof in is 54A of the Race Relations Act 1976, it is clear from Igen Limited v Wong [2005] IRLR 258, [2004] All ER (D) 152 (May) that, at stage 1 it must be assumed that the respondent is unable to provide an adequate explanation. The respondent’s explanation must be considered at stage 2, after the burden of proof has shifted.

That does not mean that, on factual issues, the respondent’s evidence should be disregarded at stage 1. If, having heard all the evidence, the tribunal rejects the claimant’s necessary case on primary facts, then the claim fails at that point.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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