It's a Pope thing
Bingham, Tony
It's a Pope thing - 2005 - Building 270(8378) 22 April 2005, 58-59(2) .
Discusses the problems associated with deciding burden of proof in the context of "Stephens v Cannon" ([2005] EWCA Civ 222, Abs68867), where the trial judge was unable to decide which side's expert evidence should be favoured. He decided for the defendant but the claimant appealed. The CA said that not striving to make a decision was excusable in exceptional cases, but if the adjudicator or summary arbitrator cannot decide then there should be a full reasoned explanation as to what the processes were.
STEPHENS AND ANOTHER V CANNON AND ANOTHER
It's a Pope thing - 2005 - Building 270(8378) 22 April 2005, 58-59(2) .
Discusses the problems associated with deciding burden of proof in the context of "Stephens v Cannon" ([2005] EWCA Civ 222, Abs68867), where the trial judge was unable to decide which side's expert evidence should be favoured. He decided for the defendant but the claimant appealed. The CA said that not striving to make a decision was excusable in exceptional cases, but if the adjudicator or summary arbitrator cannot decide then there should be a full reasoned explanation as to what the processes were.
STEPHENS AND ANOTHER V CANNON AND ANOTHER