The burden of proof
Brewer, G.
The burden of proof - 2003 - Contract Journal 417(6418) 19 March 2003, 26(1) Construction News (6809) 27 March 2003, 30(1) .
Reviews recent case "BHP Billiton Petroleum Ltd v Dalmine SPA" ([2003] EWCA Civ 170; [2003] BLR 271-279(9) which highlighted the problem of determining proof in legal proceedings, where a gas pipeline had failed. It emerged that Dalmine (D) had fraudulently misrepresented the properties of certain pipes, which BHP (B) had relied on. B sued D and won, but D appealed on the grounds that the pipe may have failed anyway. D could not prove this negative hypothesis and the appeal was dismissed. View judgment at www.courtservice.gov.uk.
BHP BILLITON PETROLEUM LTD V DALMINE SPA
BURDEN OF PROOF
ENGINEERING DISPUTES
GAS PIPELINES
The burden of proof - 2003 - Contract Journal 417(6418) 19 March 2003, 26(1) Construction News (6809) 27 March 2003, 30(1) .
Reviews recent case "BHP Billiton Petroleum Ltd v Dalmine SPA" ([2003] EWCA Civ 170; [2003] BLR 271-279(9) which highlighted the problem of determining proof in legal proceedings, where a gas pipeline had failed. It emerged that Dalmine (D) had fraudulently misrepresented the properties of certain pipes, which BHP (B) had relied on. B sued D and won, but D appealed on the grounds that the pipe may have failed anyway. D could not prove this negative hypothesis and the appeal was dismissed. View judgment at www.courtservice.gov.uk.
BHP BILLITON PETROLEUM LTD V DALMINE SPA
BURDEN OF PROOF
ENGINEERING DISPUTES
GAS PIPELINES