000 01073cab a2200193 4500
001 L129635
008 050506n2005 000 0 eng u
035 _a(Sirsi) u129635
041 _aeng
100 _aBingham, Tony
245 _aIt's a Pope thing
260 _c2005
490 _aBuilding
_v270(8378) 22 April 2005, 58-59(2)
520 _aDiscusses 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.
590 _aIKA190505
650 _aSTEPHENS AND ANOTHER V CANNON AND ANOTHER
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-EXPERT WITNESSES
942 _n0
999 _c75193
_d75193