Balance of Probabilities
The standard of proof in civil proceedings. A fact is proved if the court considers it more likely than not to have occurred (i.e. more than 50% likely). Confirmed in Re B (Children) [2008] as the single standard in family proceedings with no 'heightened' version for serious allegations.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The House of Lords has confirmed that the balance of probability standard means the court must be satisfied that the event in question is more likely than not to have occurred. It is a flexible standard: courts will treat some events as inherently more likely than others when weighing the evidence.
Seriousness of the allegation affects how much evidence is needed to meet the standard, without creating a separate 'heightened' civil standard: the more serious the allegation, the stronger and more cogent the evidence needs to be before a court finds, on the balance of probabilities, that the event occurred. The same single civil standard applies in family proceedings — for example, the standard of proof to be applied in Children Act 1989 cases is the balance of probabilities.
Related terms
Official sources
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