Regulation 45 Burden of proof: county courtsI1
Northern Ireland
This regulation applies to any claim brought under regulation 44(1) in a county court.
Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent—
has committed against the claimant an act to which regulation 44 (jurisdiction of county courts) applies; or
is by virtue of regulation 26 (liability of employers and principals) or regulation 27 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
the court shall uphold the claim unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, the act.