Bhatt v Fontain Motors Ltd - Health & Safety, falls from height

There is no fixed burden of proof in cases involving a statutory duty to do (or not to do) something "so far as is reasonably practicable". In some cases the defendant/employer must show why it was not reasonably practicable to take certain steps, in others the claimant/employee may have to identify steps it would have been reasonably practicable for the defendant/employer to take. Indeed the evidential burden may move during a case as the evidence unfolds.

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