Burden of proof

In the escalating debate over the introduction of no-fault liability, the Conservative Party has issued a consultation paper suggesting that the burden of proof in clinical negligence cases of less than £50,000 should shift to defendants, requiring them to show that they had not been negligent ‘if a claimant could show on the balance of probabilities that his condition was a consequence of medical treatment, or its omission’. These cases could be dealt with by tribunals rather than the courts. The paper also suggests that where future losses involve damages exceeding £500,000 there should be periodical payments, perhaps with the court specifying an annual rate at which they could increase, rather than a lump sum.