6.8 Burden of proof

The burden of proof with regard to all elements necessary to establish liability based on either section 90 FSMA 2000 or common law tort claims is on the claimant. The claimant has to give evidence for the misleading nature of the prospectus. Furthermore, he has to give evidence for defendant's tortious behaviour. The claimant also has to prove that a given loss was the result of the defendant's tortious behaviour.1 However, the court may infer causation from the facts.