STANDARD OF PROOF
CAPACITY
UNLAWFUL DETENTION
A lesson in logic from the lords
In terms of civil and criminal standards of proof, the gravity of the allegation made (fraud, sexual abuse etc) may be an important consideration deserving greater “cogency” of evidence to prove the allegation. There is a simple mathematical aid to the resolution of this difficulty but that device does not find favour with the courts. This device may be expressed as follows: imagine that the civil standard of proof runs from 51% to, say, 90%. Where a simple issue is involved, whether or not a collision took place, any proof above 51% will suffice. If, however, fraud or sexual impropriety is alleged, one may ask for 70-80% proof. It is still the civil standard and these computations are for the mind of the judge alone but employing this device may help make sense.
The matter came up in a slightly different form in Re B (children) (sexual abuse: standard of proof ) (2008) UKHL 35, [2008] All ER (D) 134 (Jun). In the Family Division an allegation
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