“…he course of the trial. That is not to say that my overall assessment of the evidence is irrelevant to the issue of limitation. As was made clear in JL v Bowen [2017] EWCA Civ 82 the correct approach is for the court to adopt an overall assessment of the evidence, which includes weighing up any adverse findings made against the claimant…”
“…As Burnett LJ (as he then was) said in Bowen & another v JL [2017] EWCA Civ 82 at [26], Auld LJ was concerned with the logical fallacy of proceeding from a finding, on necessarily partial evidence, that the claimant should succeed on the …”
“…I do not, myself, find the metaphor particularly helpful, but in JL v Bowen [2017] EWCA Civ 82, [2017] PIQR P11 at [26] Burnett LJ lucidly explained the thinking behind it:…”