Re B (Children)


[2008] UKHL 35




Together with Re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, this case is the leading judgment on the standard of proof in civil cases. The House of Lords affirmed that there is only the civil standard of proof and that is proof that the fact in issue more probably occurred than not.

Further Information

There is only one rule of law, namely that the occurrence of the fact in issue must be proved to have been more probably than not.  Common sense, not law, requires that in deciding this question, regard should be had, to whatever extent appropriate, to inherent probabilities.

Barristers involved

Isabelle Watson MCIArb

Practice Areas

Care Proceedings