Stephen John Stephens and Sheila Dilys Stephens v Charles Cannon and Sheila Cannon (Record no. 74983)

MARC details
000 -LEADER
fixed length control field 01652cab a2200169 4500
001 - CONTROL NUMBER
control field ABS68867
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050329n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129184
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Stephen John Stephens and Sheila Dilys Stephens v Charles Cannon and Sheila Cannon
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 222, 14 March 2005. Considers the exceptional circumstances necessary for a court to decide a disputed issue by resort to the burden of proof. Appeal by S against a master's assessment of damages owed to them by C, who cross-appealed. S sold land and buildings to C under a contract varied later by a supplemental agreement, imposing on C certain planning, building and selling obligations. Under the overage condition C had to account to S half of the sales proceeds over £1m minus fees The master preferred C's surveyor's figure of £1.5m over S's surveyor's £1.9m on the basis that S had to establish a higher figure and failed to do so. "Held": appeal allowed; cross-appeal dismissed. Resort to burden of proof to decide an issue can only be used in the exceptional case where the court cannot reasonably make a finding relating to the dispute. The master did not strive to make a finding in relation to the values nor demonstrate why he could not reasonably do so. The supplemental agreement did not vary the overage situation in the way C contended. Valuation and price issues were remitted to the ChD.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY ACQUISITION AND DISPOSAL
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2005/222.html">https://www.bailii.org/ew/cases/EWCA/Civ/2005/222.html</a>
Public note View the judgment at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 29/03/2005   ABS68867 129184-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 27/04/2005   ONLINE PUBLICATION 129184-2001 06/08/2019 1 06/08/2019 Law report