Louise Sant Fournier

In a recent judgment in the case Middlesea Insurance plc illum Mapfre Middlesea p.l.c. vs Spot On Gypsum Limited, the Court of Appeal overturned the conclusion of the First Hall, Civil Court with respect to the onus of proof. The case referred to an action for damages following an accident suffered by a resident in a hotel due to defective works carried out by the defendant company. The First Hall of the Civil Court had concluded that the defendant company was, in fact, responsible for the damages, but failed to liquidate the damages or to condemn the defendant company to…