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Category

Burden and standard of proof

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.

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. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
R (AN) v MHRT [2005] EWCA Civ 1605MHRT should apply the standard of proof on the balance of probabilities to all the issues it has to determine. 2007‑02‑06 18:16:51 2005 cases, Brief summary, Burden and standard of proof, Transcript


R (H) v MHRT North and East London Region [2001] EWCA Civ 415Section 73 incompatible with Article 5 because burden of proof was placed on patient. 2006‑04‑16 11:54:12 2001 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. 2006‑04‑10 20:17:44 2005 cases, Brief summary, Burden and standard of proof, Judgment available on Bailii, Transcript