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APIL – Local Standards Debate 2010

Discussing the legal fiction and implications of local standards in personal injury cases, including the burden of proof. Examining relevant cases and the impact on legal proceedings.

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APIL – Local Standards Debate 2010

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  1. APIL – Local Standards Debate 2010 First Principles Regulation 15 PTR – A legal fiction The Chambers of John Ross QC 26th October 2010

  2. APIL – Local Standards Debate 2010 • If structural issues, then why not systems and procedures?

  3. APIL – Local Standards Debate 2010 • Standards, not Law

  4. APIL – Local Standards Debate 2010 • Burden of Proof • – the golden thread Drabble v Sunstar (2008) EWCA Civ 1062: “Mr Nicholas… says there should be a reversal of the burden of proof in respect of compliance with local standards. It should be for the Defendant to prove that there has been compliance with local standards. I can see no good reason why that should be the case, why one should depart from the normal principle that the burden of proof rests with the Claimant to establish a breach of duty, and that implies establishing non-compliance with local standards” (Lord Justice Keene)

  5. APIL – Local Standards Debate 2010 • Evans v Kosmar – A storm in the metaphorical tea-cup • Upheld and approved Wilson and Codd • Breach not confined to regulatory matters. Can also consider non-regulatory standards • But they must still be LOCAL!

  6. APIL – Local Standards Debate 2010 • Gouldbourne v Balkan Holidays • – Case closed

  7. APIL – Local Standards Debate 2010 • The final equation: No local standards = Less work for the lawyers

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