Burden of Proof in UK Law
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Rhesa Shipping Company S.A. v Edmunds (Popi M)
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He has open to him the third alternative of saying that the party on whom the burden of proof lies in relation to any averment made by him has failed to discharge that burden. No judge likes to decide cases on burden of proof if he can legitimately avoid having to do so. There are cases, however, in which, owing to the unsatisfactory state of the evidence or otherwise, deciding on the burden of proof is the only just course for him to take.
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R v Hunt (Richard)
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I regard this last consideration as one of great importance for surely Parliament can never lightly be taken to have intended to impose an onerous duty on a defendant to prove his innocence in a criminal case, and a court should be very slow to draw any such inference from the language of a statute.
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Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
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Proof that the complainant placed trust and confidence in the other party in relation to the management of the complainant's financial affairs, coupled with a transaction which calls for explanation, will normally be sufficient, failing satisfactory evidence to the contrary, to discharge the burden of proof. In other words, proof of these two facts is prima facie evidence that the defendant abused the influence he acquired in the parties' relationship.
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Henderson v Henry E. Jenkins & Sons
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Woolmington v DPP
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Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.
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B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening)
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If a legal rule requires a fact to be proved (a "fact in issue"), a judge or jury must decide whether or not it happened. There is no room for a finding that it might have happened. The law operates a binary system in which the only values are 0 and 1. If the party who bears the burden of proof fails to discharge it, a value of 0 is returned and the fact is treated as not having happened.
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Gregg v Scott
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Everything has a determinate cause, even if we do not know what it is. There is no inherent uncertainty about what caused something to happen in the past or about whether something which happened in the past will cause something to happen in the future. What we lack is knowledge and the law deals with lack of knowledge by the concept of the burden of proof.
- Abortion Act 1967
- Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001
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Electronic Commerce (EC Directive) Regulations 2002
... ... 2017/765, reg. 2(d) ... Defence in Criminal Proceedings: burden of proof ... (1) This regulation applies where a service provider charged ... ...
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National Minimum Wage Act 1998
... ... 17. # M25 S.I. 1996/1921 (N.I.18) ... 28: Reversal of burden of proof ... (1) Where in any civil proceedings any question arises as ... ...
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The burden of proof in market abuse cases
Purpose: – The purpose of this article is to determine the burden of proof that is applicable in the range of activities covered by the civil offence of market abuse. It also considers the approach...
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Burden of proof in actions against ship owner for loss of cargo and the principles of bailment (UK)
England’s highest court finally, after over four centuries of reported decisions on the issue, definitively held that the burden of proof lies on the carrier where cargo owners sue a ship owner for...
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