THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
There is a breach statement in the judgment of Lady Justice Andrews in Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 that highlights a crucial point in relation to the drafting of a Reply. Whereas a Reply and Defence…
PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE
The judgment of Lord Justice Underhill (refusing permission to appeal) in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262 relates a party who failed to adduce sufficient evidence to show impecuniosity. “No evidence of Mr…
PROVING THINGS 249: APPELLANT FAILS TO PROVE LACK OF CAPACITY: SHORTFALLS WITH THE EXPERT EVIDENCE
In Cannon v Bar Standards Board [2023] EWCA Civ 278 the Court of Appeal held that expert evidence placed before it failed to establish that an appellant lacked capacity. The case provides importance guidance about the nature and quality of…
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