‘The Legal Services Board (LSB) has been warned against trying to force the introduction of the civil standard of proof in the Solicitors Disciplinary Tribunal (SDT) without proper consultation.’
Legal Futures, 29th September 2017
Source: www.legalfutures.co.uk
S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)
‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’
WLR Daily, 18th May 2017
Source: www.iclr.co.uk
‘It’s the UK’s leading cause of death for young people, but the way suicides are recorded may reduce the true number by 30-50% while perpetuating stigma.’
The Guardian, 9th January 2017
Source: www.guardian.co.uk
‘The Administrative Court has upheld an anti-social behaviour order prohibiting a man from engaging in any behavior likely to cause harassment, alarm or distress to any of a local authority’s employees for five years.’
Local Government Lawyer, 11th February 2016
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’
OUT-LAW.com, 30th January 2014
Source: www.out-law.com
“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”
Sports Law Bulletin from Blackstone Chambers, 18th November 2013
Source: www.sportslawbulletin.org
“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”
Family Law Week, 18th April 2013
Source: www.familylawweek.co.uk
In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111
In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.
WLR Daily, 3rd April 2012
Source: www.iclr.co.uk
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.
“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.”
OUT-LAW.com, 7th July 2009
Source: www.out-law.com
“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
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.
“Magistrates dealing with criminal offences are ‘case-hardened’ and may not properly apply the correct standard of proof, a prominent barrister claims.”
BBC News, 10th March 2009
Source: www.bbc.co.uk
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.
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