Where a defendant in a deceit claim, or in a negligence claim, contends that the claimant must give credit against its losses for financial benefits which are alleged to have resulted from the tort, the evidential burden rests on the defendant to show that the claimant has received the benefit.
Judges:
Tuckey LJ
Citations:
[2004] EWCA Civ 476
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Damages
Updated: 10 June 2022; Ref: scu.195903
