Guernsey Judgment 36/2008 - Daniel v Gover

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Action for recovery of debt - before Deputy Bailiff and Jurats - Royal Court (Reform) (Guernsey) Law, 2008 - Deputy Bailiff retired with the Jurats and reasoned judgment delivered - judgment incorporated the directions given by the Deputy Bailiff the findings of fact found by the Jurats - burden of proof - defendant had asserted that the plaintiff had agreed to waive the loan - held that as respects that specific assertion the burden of proof lay on the defendant - on any other issue in the case the burden of proof lay on the plaintiff - held that there had been no agreement to waive the loan and judgment awarded to the plaintiff