POL00141727
POL00141727
Message
From: Parsons, Andrew},
Sent: 31/10/2014 13:51:08
To:
Subject: Issue for meeting
Attachments: MO031_Draft_CRR[1].pdf
Patrick
In recent CRRs, I've noticed SS using language such as "POL has failed to disprove the Applicant's assertion" — see para
4.2 attached for an example. This is building in a presumption that the Applicant is correct and that POL has to disprove
the position, even where the Applicant has put forward no corroborating evidence. This will lead to POL losing a lot of
battles. I think this may be a point to raise with SS on our next call as its not within their gift to apply an evidential
presumption in favour of the Applicants. If anything, the presumption should go in POL's favour given that (i) we are
notionally the defendant and (ii) no one has yet proved a flaw in Horizon.
Kind regards
Andy
Andrew Parsons
Managing Associate
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