Category: burden of proof

Paponette and others v Attorney General of Trinidad and Tobago – WLR Daily

Posted December 14th, 2010 in burden of proof, law reports, public interest, Trinidad & Tobago by sally

Paponette and others v Attorney General of Trinidad and Tobago [2010] UKPC 32; [2010] WLR (D) 323

“A court could not infer from the bare fact that a public body had acted in breach of a legitimate expectation that it must have done so to further some overriding public interest.”

WLR Daily, 13th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Webster – WLR Daily

Posted December 7th, 2010 in burden of proof, corruption, human rights, law reports by sally

Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216

“The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by art 6(2) of he Convention for the Protection of Human Rights and Fundamental Freedoms. It should therefore be read down pursuant to s 3 of the Human Rights Act 1998 so as to impose a merely evidential burden on the defendant.”

WLR Daily, 6th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

EAT upholds victimisation claim – Law Society’s Gazette

Posted June 18th, 2010 in appeals, burden of proof, employment tribunals, news, solicitors, victimisation by sally

“A firm that ‘gratuitously’ mentioned a solicitor’s previous discrimination claim against it when providing an employment reference to another firm has lost an appeal in the Employment Appeal Tribunal.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

R v Charles – WLR Daily

Posted July 31st, 2009 in appeals, ASBOs, burden of proof, law reports by sally

R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265

“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”

WLR Daily, 30th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – Times Law Reports

Posted February 4th, 2009 in burden of proof, health & safety, law reports by sally

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust

Court of Appeal

“Where a hospital employee was injured using a mechanical hoist to move a patient, the burden was on the employer to prove that it had taken appropriate steps to reduce any risk to the lowest reasonably practicable level.”

The Times, 3rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Posted December 19th, 2008 in burden of proof, health & safety, law reports by sally

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2008] EWCA Civ 1424; [2008] WLR (D) 394

“Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of reg 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the employer to prove that it had taken appropriate steps to reduce the risk to the lowest level reasonably practicable, under reg 4(1)(b)(ii).”

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Chargot and Others – Times Law Reports

Posted December 16th, 2008 in burden of proof, health & safety, law reports by sally

Regina v Chargot and Others

House of Lords

“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”

The Times, 16th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

R v Chargot (trading as Contract Services) and others – WLR Daily

Posted December 11th, 2008 in burden of proof, health & safety, law reports by sally

R v Chargot (trading as Contract Services) and others [2008] UKHL 73; [2008] WLR (D) 379

“When criminal proceedings were brought against an employer under ss 2 and 3 of the Health and Safety at Work etc Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, and it was not necessary to identify, allege and prove specific breaches of duty by the employer. Once that was done a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”

WLR Daily, 10th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily

Posted November 28th, 2008 in burden of proof, child abuse, judgments, law reports, reasons by sally

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

“After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.