PROVING THINGS 33: CAUSATION AND THE BURDEN OF PROOF IN CLAIMS AGAINST SOLICITORS
We have looked before at the decision in The Connaught Income Fund, Series 1 -v- Hewetts Solicitors [2016] EWHC 2286 (Ch). The previous post was in connection with witness evidence. However the judgment on the burden of proof is significant in terms…
DESTINATION OF APPEALS: THE NEW RULES
The Access to Justice Act 1999 (Destination of Appeals) Order 2016 makes some important changes to the destination of appeals. It “simplifies” the appeals process so that, as far as possible, an appeal lies to the next level of judge….
JUDICIAL ASSESSMENT OF EXPERT EVIDENCE: NOT SIMPLY A CASE OF WHICH EXPERT IS PREFERRED
There is a short passage in the judgment in Barclays Bank PLC -v- Christie Owen & Davies Limited [2016] EWHC 2351 (Ch) which considers the appropriate approach of the court when considering expert evidence. “To consider simply whether to prefer…
