Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Category:Burden and standard of proof

From Mental Health Law Online

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The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
R (AN) v MHRT (2005) EWCA Civ 1605 — MHRT should apply the standard of proof on the balance of probabilities to all the issues it has to determine. 2007-02-062005 cases, Brief summary, Burden and standard of proof, Transcript
R (H) v MHRT North and East London Region (2001) EWCA Civ 415 — Section 73 incompatible with Article 5 because burden of proof was placed on patient. 2006-04-162001 cases, Burden and standard of proof, Detailed summary, Transcript
R (DJ) v MHRT; R (AN) v MHRT (2005) EWHC 587 (Admin) — The correct standard of proof, where one applies, for the MHRT to apply is the civil standard. 2006-04-102005 cases, Brief summary, Burden and standard of proof, Transcript