Search court decisions

…Jiwaji submitted that he was under no obligation to call the driver as a witness because the defendant had no burden of proof.…

…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…

…All that can be concluded is that the appellant had the burden of proof to disprove service, and on the strength of the return of service and affidavit of the process server, the burden of proof was not discharged by the…

…In the premises I find that the respondent wife has discharged the burden of proof on her to show that the husband left home without her consent and with no intention of returning.…

…It will be recalled that the burden of proof of damages is upon the plaintiff, as the person alleging loss.…

…The formal burden of proof does not shift.…

…Mr Shah argued that there was no express prohibition as regards the use of the respondent’s vehicle and that the respondent, as employer, could not discharge its burden of proof merely by saying that the second defendant…

…Mr Couldrey relied to a large extent on the decision in Sanderson v Collins [1904] 1 KBD 628, and submitted that the respondent had dislodged the burden of proof placed on him.…

…Having radically altered his case, it was that altered case which he had to explain that had been proved to a prima facie extent, before the burden of proof passed to the respondent.…

…This is a discretionary power of the court and whilst it may be of great value and assistance to the court in cases dealing with customary law, yet this does not cast the burden of proof in establishing the customary law…