PERFECT PROOf

摘要

In litigation, the burden of proving a fact usually falls on the person who says it is true, writes Sue Lindsey. They have to adduce evidence, which may include expert evidence, to persuade the court that, on the balance of probabilities, their version of events is right. The Court of Appeal has recently rejected the findings of a judge who had decided between conflicting expert evidence on the basis that the claimants had not discharged their burden of proof (Stephens v Cannon, 14 March 2005). What are the principles that applied?