header-logo header-logo

Bearing the burden

30 July 2010 / Keith Patten
Issue: 7428 / Categories: Features , Personal injury
printer mail-detail

Keith Patten applauds the judiciary’s common-sense approach to evidence in personal injury claims

It is trite law that a claimant in a personal injury claim bears the burden of proof on most important issues, including those of duty, breach, damage and causation. This burden carries with it an obligation on the part of the claimant to adduce evidence from which the court can be convinced (on a balance of probabilities, of course) that the case he is advancing has been made out. As a general proposition, therefore, if evidence is simply not available then that is likely to represent a problem for the claimant rather more than for the defendant. That basic statement of principle can, however, be subject to a more nuanced approach in some cases. What, for example, of the position where the non-availability of evidence is, of itself, a consequence of the defendant’s breach of duty. That was an issue which the Court of Appeal needed to address in Keefe v The Isle of Man Steam Packet Company Limited [2010] EWCA Civ

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll