{"title":"ELECTION PETITIONS AND THE STANDARD OF PROOF","authors":"J. Hatchard","doi":"10.5750/DLJ.V27I0.1112","DOIUrl":null,"url":null,"abstract":"In Bater v Bater Denning LJ stated that: ‘… in civil cases, the case may be proved by a preponderance of probability, but there may be degrees of probability within that standard’. He added that a higher degree of probability would be required where a civil court was considering a charge of fraud than when considering whether negligence had been established. Even so, a court was not required to adopt ‘so high a degree as a criminal court, even when it is considering a charge of a criminal nature’. In Hornal v Neuberger he again suggested that: ‘The more serious the allegation the higher the degree of probability that is required: but it need not, in a civil case, reach the very high standard required by the criminal law’.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Denning Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5750/DLJ.V27I0.1112","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 2
Abstract
In Bater v Bater Denning LJ stated that: ‘… in civil cases, the case may be proved by a preponderance of probability, but there may be degrees of probability within that standard’. He added that a higher degree of probability would be required where a civil court was considering a charge of fraud than when considering whether negligence had been established. Even so, a court was not required to adopt ‘so high a degree as a criminal court, even when it is considering a charge of a criminal nature’. In Hornal v Neuberger he again suggested that: ‘The more serious the allegation the higher the degree of probability that is required: but it need not, in a civil case, reach the very high standard required by the criminal law’.