PROVING THINGS 267: COURT OF APPEAL OVERTURNS FINDING THAT COUNCIL HAD ESTABLISHED ITS STATUTORY DEFENCE: SOME VERY IMPORTANT POINTS HERE ABOUT THE USE OF STATEMENTS PUT TO WITNESSES AND JUDICIAL FACT FINDING

Here we are looking at an important decision of the Court of Appeal. On the face of it it is about a defendant's failure to prove a statutory defence. However, perhaps more significantly, it is about evidence, the impact of statements from the opposing side being relied on,  and the court's treatmen...