BURDEN OF PROOF ON PARTY WHO AFFIRMS

BHP Billiton Petroleum Ltd v Dalmine SpA [2003] BLR 271

In BHP Billiton Petroleum Ltd v Dalmine SpA [2003] BLR 271 the Court of Appeal confirmed that the burden of proof rests on the party who affirms and not on the party who denies. Further, when deciding where the burden of proof is located, the pleadings are an important, but not conclusive guide. On the facts of the case it was held that the burden of proof was on the defendants to prove that, even if the pipelines which they had produced were in accordance with the specification, the pipeline would have failed in any event.