Archive for the 'standard of proof' Category

In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

A web page can be prior art without its authenticity being proved ‘up to the hilt’ – OUT-LAW.com

“An online news story that described a bank’s method for authenticating website visitors was valid evidence of prior art, the UK Intellectual Property Office (IPO) has ruled. The date on the web page could be taken at face value, it said.”

Full story

OUT-LAW.com, 7th July 2009

Source: www.out-law.com

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) – WLR Daily

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) [2009] EWHC 854 (Admin); [2009] WLR(D); [2009] WLR (D) 150

The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”

WLR Daily, 8th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others – Times Law Reports

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others

Queen’s Bench Division

“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Beyond reasonable doubt – BBC News

“Magistrates dealing with criminal offences are ‘case-hardened’ and may not properly apply the correct standard of proof, a prominent barrister claims.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The correct standard of proof for establishing patentability was the balance of probabilities.”

The Times, 10th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Blacklight Power Inc v Comptroller-General of Patents – WLR Daily

Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat); [2008] WLR (D) 360

“The correct standard of proof that an applicant was required to satisfy to establish patentability was the balance of probabilities.”

WLR Daily, 19th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Commissioners of Revenue and Customs v Khawaja – Times Law Reports

Commissioners of Revenue and Customs v Khawaja

Chancery Division

“There was no reason in principle why the civil standard of proof should not apply on a challenge to an assessment of penalty for the negligent submission of income tax returns.”

The Times, 20th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only avaialbe free on Times Online for 21 days from the date of publication. 

Life Sentence Review Commissioners v D – Times Law Reports

Life Sentence Review Commissioners v D

House of Lords

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served his tariff was no longer a risk to the public was the balance of probabilities.”

The Times, 24th June 2008

Source: www.times.online.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re B (Children) (Care orders: Standard of proof) – Times Law Reports

In re B (Children) (Care orders: Standard of proof)

House of Lords

“The standard of proof necessary to establish the threshold for making a care order was the simple balance of probabilities. Neither the seriousness of any allegations nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.”

The Times, 12th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) – WLR Daily

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) [2008] UKHL 33; [2008] WLR (D) 187

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served the tariff on his life sentence should be released, was the civil standard of the balance of probabilities.”

WLR Daily, 11th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re B (Minors) (Sexual Abuse: Standard of Proof) – WLR Daily

In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35; [2008] WLR (D) 186

“The standard of proof to be applied when establishing the threshold for making a care order under s 31(2) or the welfare considerations under s 1 of the Children Act 1989 was the simple balance of probabilities and neither the seriousness of the allegations nor the seriousness of the consequences should make any difference to the standard of proof in determining the facts.”

WLR Daily, 11th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Davies (Gareth) – Times Law Reports

Regina v Davies (Gareth)

Court of Appeal (Criminal Division)

“A judge deciding whether aggravating features existed to increase the appropriate starting point for the minimum term of a mandatory life sentence should apply the same standard of proof as that applied by the jury in reaching their verdict.”

The Times, 19th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  

Categories