CIVIL EVIDENCE AND THE BURDEN OF PROOF: WHEN WHO BEARS THE BURDEN CAN HAVE A MAJOR EFFECT ON THE OUTCOME OF A CASE

The judgment of Mr Justice Birss in Emmanuel v Avison & Ors [2020] EWHC 1696 (Ch) contains some interesting observations about the burden of proof.  The burden lay with the claimant, despite the fact that if different proceedings had been instituted the burden would have been on the defendants. ...