BURDEN OF PROOF ON PLEADINGS

Date07 September 2019

"The concept of burden of proof on the pleadings has an ancient ancestry, Pickup v. Thames Ins. Co 3 Q.B.D. 594, 600; and Wakelin v. L&S. W. Railway 12 App Cas. 41, 45. Its contemporary affirmation can be found in such popular cases like Joseph Constantine Steamship Line Ltd. v. Imperial Smelting Corporation (1942) A.C. 154 174; Seldon v. Davidson (1968) 1 W.L.R. 1083. Leading authorities on the English Law of Evidence have endorsed this usage, see, for example, Phipson on Evidence, (11th...

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