Professor Philip Lane:

It is the burden of proof. If a bank tries to claim that it does not accept a particular case because it cannot find documentation or because something is missing, then we reverse that and refuse to accept it as a barrier to a customer receiving due redress and compensation. Our approach is, I agree, different from a court case where lack of information poses a problem. In our examination, however, our approach is that if there is a doubt then that doubt should be resolved in the customer's favour.