Re H and R (Child Sexual Abuse: Standard of Proof)
| Jurisdiction | UK Non-devolved |
| Judgment Date | 14 December 1995 |
| Date | 14 December 1995 |
| Year | 1996 |
| Court | House of Lords |
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1218 cases
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Shobna Gulati and Others v MGN Ltd
...He points to the well-known principle that the more serious the allegation, the stronger evidence required to prove it ( Re H (Minors) [1996] AC 563) and goes on to say that those principles should apply where the case relied on involves criminality (which in this case it does, or may). He ......
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[1] The Hon. Gaston Browne, Leader of the Opposition [2] The Hon. Lester B. Bird [3] The Hon. Asot A. Michael [4] Mr. Eisen Baptiste [5] Ms. Paulet Hinkson Appellants/Applicants v [1] The Constituencies Boundaries Commission [2] Attorney General of Antigua and Barbuda [3] The Speaker of the House of Representatives [4] The Prime Minister of Antigua and Barbuda Attorney General (for and on Behalf of her Excellency the Governor General) Respondents [ECSC]
...chances and positively impact the UPP's chances or vice versa. Consequently, this ground of appeal also fails. In re H. and Others (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 applied; and In re Dellow's Will Trusts [1964] 1 WLR 451 applied. 4. The test for establishing appare......
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Robert Gresham Gray v Global Energy Horizons Corporation
...principle, to be derived, he submitted, from the speech of Lord Nicholls in Re H and Others (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563. 293 In Re H, Lord Nicholls said at p.586: “When assessing the probabilities the court will have in mind as a factor, to whatever extent is ap......
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IG Index Plc v 1. James Colley and Others
...standard of proof and the correct approach to the quality and nature of evidence required to satisfy it. In re H. & Others (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 at 586D-H Lord Nicholls held: "The balance of probability standard means that the court is satisfied an event o......
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5 firm's commentaries
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Global Arbitration Review - The Guide to M&A Arbitration: United Kingdom
...rules of law to which they relate. He said:37 ibid.38 As to rescission, see below.39 Re H & R (Minors) (Sexual Abuse: Standard of Proof ) [1996] AC 563, 586, per Lord Nicholls.40 N Blackaby and C Partasides (eds), Redfern and Hunter on International Arbitration (6th edn, 2015) at para. 6.84......
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National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts
...be specifically set out in the particulars of claim. 5 Three Rivers, 185. 6 Ibid., 186; National Bank v Yurov, 251. 7 In Re H (Minors) [1996] AC 563. Kekhman, 41-45. 8 Kekhman, 51-66. 9 Ibid., 67-77. 10 JSC BTA Bank v Ablyazov [2013] EWHC 510 (Comm) at 197-198; Kekhman, 78-81. 11 Kekhman, 8......
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Professional Discipline & Regulatory E-bulletin April 2010
...was to be applied, particularly in cases where the charges were very serious. One interpretation which had grown up from Re H [1996] AC 563 was that there was a 'heightened' standard of proof in such situations. Another view was that where an event was improbable, then the more cogent was t......
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An End To The Criminal Standard Of Proof In Professional Oversight? It's Beyond Reasonable Doubt
...that it did occur before, on the balance of probability, its occurrence will be established." (per Lord Nicholls in In Re H (Minors) [1996] AC 563) This is not the same as requiring a higher level of proof, as it has often been misinterpreted (see the Supreme Court's decision in In Re SB (C......
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25 books & journal articles
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Keeping control of terrorists without losing control of constitutionalism.
...(212.) Id. [section] 4(13). (213.) Id [section] 4(7). (214.) [2004] UKHL 56, [164], [2005] 2 A.C. 68, 151 (Lord Rodger). (215.) Re H, [1996] A.C. 563, 586-87 (Lord (216.) B v. Chief Constable of Avon & Somerset Constabulary, [2001] 1 W.L.R. 340, 354, [31] (Lord Bingham); Gough v. Chief ......
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Subject Index
...359, CA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237–238Griffiths vDPP [2007] EWHC619 (Admin) . . . 276H (Minors),Re [1996] AC563 . . . . . . . . . . . . . . . 344Hadžihasanović(Case No. IT-01-47) Decision onAdmissibility of Documents of the Defenceof Enver Hadžihasano......
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Care and Supervision Proceedings
...to the nature and gravity of the feared harm in the particular case …’. See Re H and Others (Child Sexual Abuse: Standard of Proof) [1996] 1 FLR 80, a section 31 application in respect of four children based on an allegation that the father had sexually abused the oldest child, and positing......
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Essential Daily Guidance for Proceedings Concerning Children
...Re A (Father: Knowledge of Child’s Birth) [2011] EWCA Civ 273, [2011] 2 FLR 123. 22 Re H and R (Child Sexual Abuse: Standard of Proof) [1996] 1 FLR 80. Obtaining evidence from non-English speaking witnesses See NN v ZZ & Ors , 23 in which Jackson J set out principles on how to obtain eviden......
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