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Can you direct me to some cases which say where the burden of proof would lie in construction claims (in particular when considering whether an alleged defect is in fact a defect)?

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Published on LexisPSL on 05/09/2017

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  • Can you direct me to some cases which say where the burden of proof would lie in construction claims (in particular when considering whether an alleged defect is in fact a defect)?

Can you direct me to some cases which say where the burden of proof would lie in construction claims (in particular when considering whether an alleged defect is in fact a defect)?

In Imperial Smelting Corporation Ltd v Joseph Constantine Steamship Line Ltd; The Kingswood, the court considered various cases regarding the burden of proof. One such case was Abrath v North Eastern Ry Co, in which some helpful rules relating to the burden of proof were laid down by Bowen LJ:

‘Whenever litigation exists, somebody must go on with it; the plaintiff

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