000			01652cab a2200169 4500
001			ABS68867
008			050329n2005 000 0 eng u
035			_a(Sirsi) u129184
041			_aeng
245			_aStephen John Stephens and Sheila Dilys Stephens v Charles Cannon and Sheila Cannon
260			_c2005
520			_a[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			_aABS
690			_aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL
856			_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/222.html _zView the judgment at www.bailii.org...
942			_n0
999			_c74983 _d74983