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TCC considers causation, burden of proof and insurance liability in fire case
Practical Law UK Legal Update 0-519-2131 (Approx. 7 pages)
TCC considers causation, burden of proof and insurance liability in fire case
by PLC Construction
In Milton Keynes Borough Council v Nulty and others [2011] EWHC 2847 (TCC), Edwards-Stuart J held that a series of fires that damaged a recycling plant were caused by a cigarette discarded by a self-employed engineer.
The judgment includes a detailed consideration of how a party discharges its burden of proof in claims where there is no single clear factual cause of the damage. It also illustrates how an insurer's liability can be reduced by reference to its loss of chance to defend a claim.
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Resource ID 0-519-2131© 2024 Thomson Reuters. All rights reserved.
Published on 02-May-2012
Resource Type Legal update: archive
Jurisdictions
Related Content- England
- Wales