Judgment on allocation of burden of proof in group litigation

Stephen Kosmin acted for the Foreign & Commonwealth Office in Kimathi and others v Foreign and Commonwealth Office [2017] EWHC 203 (QB), in which Stewart J determined preliminary issues concerning the allocation of the burden of proof in civil litigation pursuant to a group litigation order. The claimants are seeking damages for trespasses to the person arising from the alleged actions of employees and agents of the British colonial administration in Kenya during a State of Emergency declared in 1952 to deal with the Mau Mau uprising, in respect of which the defendant is alleged to be jointly and vicariously liable.

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