8/3/24
BRENDON INTERNATIONAL LTD v WATER PLUS LTD [2024] EWCA Civ 220
Explains the distinction between the legal and evidential burden of proof [50]. In a claim for recovery of money paid by mistake, the legal burden of proof is on the claimant. The judge had wrongly confused the two and wrongly applied a presumption. The appeal court explained when a person may be regarded as qualified to give expert evidence [75] and when a witness can give evidence of fact and opinion [86]. The judge had failed to give sufficient reasons for refusing to treat a witness as an expert. The court also considered what reasonable diligence means in the context of Limitation Act 1980, s.32 [94]. The judge had not asked the right question, which involves asking what the actual claimant could have learned not just what they did learn.