PROVING THINGS 290: THE DEFENDANT HAS SUFFERED A LOSS BUT HAS NOT BROUGHT ANY EVIDENCE TO COURT TO PROVE IT…

It is wise to remember that a counterclaiming defendant has the same evidential burden in proving loss as a claimant.  Here the judge found that claimant in breach of duty - but found that there was insufficient evidence to prove any loss. "I do not conclude that no loss was suffered, I merely find ...