standard of proof Flashcards
two standards of proof in scots law
Beyond all reasonable doubt (normally crim)
Balance of prob (normally civ)
criminal fraud
civil action BUT loose liberty so beyond all reasonable doubt
special defences in crim 51A/B 1995 ACT
both balance of prob for the accused to prove def applies
lennon v coop insurance society
this is a civil action. is there a third standard of proof? L. Len Craig> I consider that that it is a the third stand of proof is between balance of probs and beyond all reasonable doubt (OVER RULED BY MULLEN)
Mullen v Anderson
5 judge over ruled LENNON
L. morrison the suggestion that there exists in Scotland an intermediate standard of proof must be rejected.
L. penrose> there are only 2 standards of proof sometimes the standards differ in character not degree. stronger evidence will be needed to convince the fact finder.
Irving V Ministry of Pensions
Crim standard of proof:
crow must prove the accused committed offence beyond all reasonable doubt. reasonable doubt as to the accused then have to acquit. doubt cannot be fanciful.
HM ADV v Mitchell
stand proof crim accused has a persuasive burden as a defence not all reasonable doubt = balance of probs examples proving insanity ss. 51A/B 1995 act
wardlaw v bonnington castings
party on whom lies persuasive burden must discharge it by proof of balance of probs
CIVIL
waters v masters gold club
failed to discharge buder on the balnce of probabilities
CIVIL
stat standard of proof CIVIL
DIVORCE SCOT ACT S.1(6) 4(1) PROOF ON GROUNDS OF DIVORCE
DECLARATOR OF DEATH PRESUMTION OF DEATH (SCOT) ACT 1977 S.2(1)
PATERNITY LAW REFORM (PARENT AND CHILD (SCOT ACT) 1986 s.5(4)
rehman v ahmad
rectification of defectively expressed deed :proof on balance of probabilities
rectification of deed doesn’t properly express the intention of the parties.
napier v Scottish ministers
argument put forward should be beyond all reasonable doubt r(ullah) incompatible with ECHR… BUT WAS HELD TO BE BALANCE OF PROBS
