header-logo header-logo

Family proceedings

09 June 2011
Issue: 7469 / Categories: Case law , Law digest
printer mail-detail

Re L (a child) (injury: fact finding) [2011] EWHC 1285 (Fam), [2011] All ER (D) 57 (May)

In determining whether injuries to children were non-accidental, the burden of proof rested upon the authority. The standard of proof was the civil standard; that was the balance of probability. Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.

With respect to any fact alleged by the local authority the court was not entitled to come to the conclusion that, on the one hand, the authority had failed to establish that fact on the balance of probability but that, on the other hand, the possibility that the circumstances might be as alleged by the authority could not be discounted completely.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll