CB v. APTHORP, BRIAN DREW

CB v. APTHORP, BRIAN DREW

The judge concluded the plaintiff had not adduced sufficient evidence to establish the alleged sexual abuses; the defence admissions relied upon did not amount to admissions of the substantive sexual acts and therefore did not shift the evidential burden; after evaluating evidence from both parties neither side proved the alleged events on the balance of probabilities and the plaintiff failed to discharge the legal burden, so leave to appeal was refused for lacking a reasonable prospect of success.

Citation
[2025] HKDC 208
Parties
Plaintiff: CB; Defendant: Apthorp, Brian Drew
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 February 2025
Case Number
DCPI357/2021
Procedural Posture
Personal Injuries Action / Application for Leave to Appeal Against Judgment on Liability (post‑trial)
Outcome
Application for leave to appeal dismissed
Legal Topics
Burden of Proof, Admissions in Pleadings, Leave to Appeal, Credibility Findings, Costs
Source Language
EN
Tort Sexual Assault Civil Evidence Civil Appeals Civil Procedure Burden of Proof Admissions in Pleadings Leave to Appeal +2 more

Case Brief

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Parties

CB

Plaintiff

Apthorp, Brian Drew

Defendant

Procedural Posture

Personal Injuries Action / Application for Leave to Appeal Against Judgment on Liability (post‑trial)

Legal Issues

  1. 1 Whether pleaded admissions in the defence shifted the evidential burden to the defendant
  2. 2 Whether the judge erred in identifying what facts the plaintiff failed to prove
  3. 3 Whether the defendant’s positive defences should have been dismissed given credibility findings

Ratio Decidendi

The judge concluded the plaintiff had not adduced sufficient evidence to establish the alleged sexual abuses; the defence admissions relied upon did not amount to admissions of the substantive sexual acts and therefore did not shift the evidential burden; after evaluating evidence from both parties neither side proved the alleged events on the balance of probabilities and the plaintiff failed to discharge the legal burden, so leave to appeal was refused for lacking a reasonable prospect of success.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Plaintiff to pay costs of the application to the defendant, with certificate for counsel, to be taxed if not agreed