Balance of Probabilities in UK Law
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Justifying Exceptions to Proof of Causation in Tort Law
This article defends a set of exceptions to the general rule in tort law that a claimant must prove that a particular defendant's wrongful conduct was a cause of its injury on the balance of probab...... ... defendant’s wrongful conduct was a cause of its injury on the balance of probabilities in order to be entitled to compensatory damages in ... ...
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Burden of Proof in Undue Influence: Common Law and Codes on Collision Course
Before the case of Royal Bank of Scotland v Etridge (No. 2), the modern presumption of undue influence appeared to be a potent one that had to be rebutted on a balance of probabilities. While it is...... ... influence appeared to be a potent one that had to berebutted on a balance of probabilities. While it is clear from Etridge that theHouse of Lords ... ...
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Taxing the Proceeds of Crime
Organised crime groups, in particular drug traffickers, generate considerable amounts of money from their criminal activities. Over the last two decades jurisdictions around the world have therefor...... ... to deprive him of the ill-gotten gains, seeking to prove on the balance of probabilities that the property in his possession is, directly or ... ...
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Adjudication
... ... adopt modern practice and require a burden of proof based on ‘a balance of probabilities’.2 ... 16.2 In accordance with the recommendations of ... ...
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Loss of Chance Lord Hope's Dissent in Gregg v Scott [2005] UKHL 2
... ... cannot prove that his initial chances of survival were on the balance of probabilities better than evens, the courts are unprepared to award ... ...
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Assessing prisoners
... ... to disre-gard it; or (b) make a finding of fact, applying the ‘balance of probability’testand remembering that the burden of proof is not on ... ‘anentirely unorthodox “sliding scale”of the balance of probabilities …said to beIn court 267 ... warranted for reasons of public ... ...
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Assessing prisoners
... ... to disre-gard it; or (b) make a finding of fact, applying the ‘balance of probability’testand remembering that the burden of proof is not on ... ‘anentirely unorthodox “sliding scale”of the balance of probabilities …said to beIn court 267 ... warranted for reasons of public ... ...
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The Assizes
... ... to prove guilt in a criminal case and not the mere balance of probabilities. The prosecution opened their case on this issue ... ...
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Finding that a Child is at Risk from Sexual Abuse:Re H (Minors)(Sexual Abuse: Standard of Proof)
... ... by Judge Davidson was not the ordinary civil standard of ‘on the balance of probabilities’. As this case was concerned with the sexual abuse of a ... ...
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A comparison between the standard of proof applicable in arbitration and formal adjudication
This article aims to describe the application of the standard of proof in arbitration and to question whether the standard to be applied should be the same as or lower than in ordinary civil justic...... ... training The standard division in English law is twofold: the balance of probabilities and beyond any rea- sonable doubt (Zuckerman, 2013). The ... ...
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