1 / 7

APIL – Local Standards Debate 2010

APIL – Local Standards Debate 2010. First Principles. Regulation 15 PTR – A legal fiction. The Chambers of John Ross QC. 26 th October 2010. APIL – Local Standards Debate 2010. If structural issues, then why not systems and procedures?. APIL – Local Standards Debate 2010.

pellison
Télécharger la présentation

APIL – Local Standards Debate 2010

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related