Burden of proof CASES

In English law, the burden of proof refers to the obligation placed upon a party in legal proceedings to prove the facts necessary to establish their claim or defence.

Definition and principles

The burden of proof determines which party must provide evidence to persuade the court that their version of the facts is correct. Generally, the claimant carries the burden to prove their case, although the burden can shift depending on the nature of the allegations and defences involved.

Standard of proof

The standard required varies according to the type of case:

• Civil cases: The claimant must prove their case on the balance of probabilities, meaning it is more likely than not (over 50%) that their claim is true.
• Criminal cases: The prosecution must prove guilt beyond reasonable doubt, a much higher threshold to protect against wrongful conviction.

Shifting burden

In some circumstances, the burden of proof shifts to the defendant, who must demonstrate specific defences or counterclaims. This occurs notably in cases involving allegations of duress or undue influence.

Case example: Barton v Armstrong (1973)

In Barton v Armstrong, the Privy Council examined duress in contract law, holding that once the claimant showed threats had been made, the burden shifted to the defendant to prove the threats did not induce the contract. The case highlights the complexities and practical implications of burden shifting.

Consequences of failure

If the party bearing the burden of proof fails to meet the required standard, their claim or defence typically fails, emphasising the critical role that burden of proof plays in litigation outcomes.

Criticism and practical application

Critics argue the shifting nature of burdens can introduce uncertainty. Courts thus approach burden-shifting cautiously, ensuring fairness and balance in legal proceedings.