||All England Reporter
|| All ER (D) 258 (Feb)
|| EWCA Civ 170
||Court of Appeal, Civil Division
Aldous, Kay and Rix LJJ
||Mark Howard QC and Alex Haydon (instructed by Herbert Smith), and Alexandra Truesdale of Herbert Smith for the claimants.
||Christopher Hancock QC and Philip Edey (instructed by Linklaters) for the defendant.
||19 February 2003
Misrepresentation - Fraudulent misrepresentation - Causation - Burden of proof to establish negative hypothetical case.
In the instant case, the burden had rested on the defendant to prove its negative hypothetical case. It was conceded by the defendant that it could not sustain that burden, and accordingly the appeal was dismissed.
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