Burden of Proof
Burden of Proof (Latin: onus probandi) is a term which describes the task of making out a case to enable a finding to be made by a Court in favour of either the Claimant or the Defendant. depending on whose argument the Court belives
In Court proceedings the onus or burden of proof begins with the Claimant, pursuer or prosecutor, who has set the action in motion.
Whilst in the process of determining the validity of a legal argument about the burden of proof in civil cases in particular, the burden may shift if the party establishes a preliminary case that is in all respects sufficient.
In the UK (England, Wales, Scotland and Northern Island) there are just two standards of proof; burden of proof based on the balance of probabilities, which is applied in civil cases and burden of proof beyond reasonable doubt which is applied in criminal cases.
In simple terms, if a case is proved on the balance of probabilities, this would imply that it has been possible to convince a Court on a greater than 51% basis that the burden of proof is with the winning argument.
In a personal injury context, this means that when claiming compensation for personal injury, the claimant has to prove that the injuries that they suffered were due to the negligence or recklessness of a third party.
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Where next?
> Times are tough I’m going to make a claim.
> I think I’ll read a little more about Duty of Care.
> I’m rich so I don’t need compensation.
