B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening)
| Jurisdiction | UK Non-devolved |
| Judge | LORD HOFFMANN,LORD SCOTT OF FOSCOTE,LORD RODGER OF EARLSFERRY,LORD WALKER OF GESTINGTHORPE,BARONESS HALE OF RICHMOND |
| Judgment Date | 11 June 2008 |
| Neutral Citation | [2008] UKHL 35 |
| Court | House of Lords |
| Date | 11 June 2008 |
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852 cases
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Everything Everywhere Ltd v Competition Commission (1st Respondent) Office of Communications (2nd Respondent) Hutchison 3G (UK) Ltd (3rd Respondent) British Telecommunications Plc (4th Respondent)
...and [209]). It may be that it was this point which prompted it to grant leave to appeal. 30 The Tribunal relied upon Re B [2008] UKHL [2009] 1 AC 11 for the proposition that a judge, and as the Tribunal put it "an appeal body", must make up its mind on the evidence before it. But, the Tribu......
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GD and BD (Children, by their Children's Guardian) and Another v FD and Another West Yorkshire Police Ian Shiels (Interveners)
...to prove it, on a balance of probabilities; i.e. the standard is the civil standard (see Re B (Care Proceedings: Standard of Proof) [2008] UKHL 35). In relation to these disputed issues of fact, a binary exercise is engaged: "If a legal rule requires a fact to be proved (a 'fact in issue'),......
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Tower Hamlets London Borough Council v MK and Others
...cases are relevant here. (1) In family proceedings there is only one standard of proof, namely the simple balance of probabilities: Re B [2008] UKHL 35. (2) "If a legal rule requires a fact to be proved … a judge … must decide whether or not it happened. There is no room for a finding that......
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Re M
...that the standard of proof to be deployed is the balance of probabilities test, as set out in Re B (Care Proceedings: Standard of Proof) [2008] UKHL 35. Ms. Fotrell draws my attention to the passage of Lord Hoffmann, which, though oft repeated, in my view bears repetition in these cases: "I......
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6 firm's commentaries
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Professional Discipline & Regulatory E-bulletin April 2010
...the evidence required in order to prove it. The debate was largely brought to an end with the two decisions of the House of Lords, Re B [2009] AC 11 and Re H [2009] EWCA Civ 1048. In Re B it was said there was no necessary connection between seriousness and inherent probability. It was emph......
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Two Weddings And A Funeral
...The system is binary, and the judge decides on the basis of the burden of proof. There is thus no room for maybe: see Re B (Children) [2009] 1 AC 11, [2], per Lord The third point is that, where a party could give or call relevant evidence on an important point without apparent difficulty, ......
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What Is A Collective Investment Scheme? The High Court Gives Its Decision In FCA v Forster
...1. The Financial Conduct Authority v Forster & Ors [2023] EWHC 1973 (Ch) 2. Re B (Children) (Care Proceedings: Standard of Proof) [2009] 1 A.C. 11 3. Asset Land Investment Plc v The Financial Conduct Authority [2016] UKSC 17 4. Fradley at [33], Anderson v Sense Network [2018] EWHC 2834 (Com......
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Re Porton Capital: Applications To Set Aside Company Dissolutions Obtained By Fraud
...and Hiscox Syndicate 33 v Financial Secretary 2004-05 CILR 39 (see paragraph 8). 4 Re Porton Capital at para 19. 5 See Re B (Children) [2009] AC 11 at para 70: "Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of pr......
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20 books & journal articles
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Amendments to the legislation: 1989‐2009
...make an order have of course been subject to intense judicial consideration, most recently in Re B (Care Proceedings: Standard of Proof) [2008] UKHL 35[2008] 2 FLR 141 and Re S-B (Children) (Non-accidental injury) [2009] UKSC 17 [2010] 1 FCR 321, but remain as originally drafted. Supervisio......
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Subject Index
.... . . . . . . . . . . . . . .218B v Chief Constable of Avon and SomersetConstabulary [2001]1 WLR 340. . . . . . . . . 347B (Children),Re [2008] UKHL35 . . . . . . . 341,343,344–347B. Simić(Case No. IT-95-9) Reasons for Decisionon Admission of ‘Variant A&B Document’,22 May2002. . . . . . . .......
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Court of Appeal
...proceedings.As a civil order it is clear that the standard of proof for making theorder is the civil standard. In Re B (Children) [2009] 1 AC 11, the Houseof Lords was clear that there is only one standard for civil proceedings,the preponderance of probabilities and, accordingly, this is th......
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Care and Supervision Proceedings
...the more serious the allegation, the greater the level of proof needed. However, in Re B (Children) (Sexual abuse: Standard of proof) [2008] UKHL 35, [2008] 2 FCR 339, Baroness Hale clarified that the standard of proof necessary to establish threshold under section 31 is the ‘simple balance......
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