Balance of Probabilities in UK Law

  • Wong v Igen Ltd (formerly Leeds Careers Guidance) and Others; Emokpae v Chamberlin Solicitors and another; Webster v Brunel University
    • Court of Appeal (Civil Division)
    • 18 February 2005
    ... ... Thus if the applicant does not prove the case on the balance of probabilities he or she will fail. (2) It is important to bear in mind ... ...
  • R (N) v Mental Health Review Tribunal (Northern Region) and Others
    • Court of Appeal (Civil Division)
    • 21 December 2005
    ... ... to an assessment of conflicting expert opinions and diagnoses a balance of probabilities is the realistic standard. However we consider that in ... ...
  • B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening)
    • House of Lords
    • 11 June 2008
    ... ... about the standard of proof or about the role of inherent probabilities in deciding whether the burden of proving a fact to a given standard has ... "…the civil standard of proof does not invariably mean a bare balance of probability, and does not mean so in the present case. The civil ... ...
  • Fairchild v Glenhaven Funeral Services Ltd and Others
    • House of Lords
    • 20 June 2002
    ... ... (because of the current limits of human science) prove, on the balance of probabilities, that his mesothelioma was the result of his inhaling ... ...
  • Gregg v Scott
    • House of Lords
    • 27 January 2005
    ... ... It was not possible to conclude on the balance of probability that, in the absence of the negligence, Mr Gregg's medical ... did happen in the past a court decides on the balance of probabilities. Anything that is more probable than not it treats as certain. But in ... ...
  • Perry v Raleys Solicitors
    • Supreme Court
    • 13 February 2019
    ... ... , while supportive of his case, was insufficient to swing the balance in Mr Perry's favour ... 11 The judge nonetheless thought it ... burden upon Mr Perry to prove that fact on the balance of probabilities. This approach was, in the view of the Court of Appeal, contrary to ... ...
  • Hotson (A.P.) v East Berkshire Health Authority
    • House of Lords
    • 30 July 1987
    ... ... Yes, indeed. Q. And so the probabilities are that the delay in this case made no difference to the eventual outcome ... since the plaintiff will have failed to prove his claim on the balance of probabilities. He will be lacking an essential ingredient of his cause ... ...
  • R v Lambert
    • House of Lords
    • 05 July 2001
    ... ... establish the defence under section 28 (3) he had to prove on the balance of probabilities that he did not know that the bag contained a controlled ... ...
  • Rhesa Shipping Company S.A. v Edmunds (Popi M)
    • House of Lords
    • 16 May 1985
    ... ... possibly the question what is meant by proof of a case "on a balance of probabilities." Nor do underwriters challenge before your Lordships any ... ...
  • McGhee v National Coal Board
    • House of Lords
    • 15 November 1972
    ... ... because he was not satisfied that the Appellant had shown, on the balance of probabilities, that this breach of duty caused or materially ... ...
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