Judgment on allocation of burden of proof in group litigation

Judgment on allocation of burden of proof in group litigation


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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.

To read the full judgment, please click here.


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