Part 4Proof

Chapter 4—Proof This Chapter is about the proof of matters in a proceeding. Part 4.1 is about the standard of proof in civil proceedings and in criminal proceedings. Part 4.2 is about matters that do not require proof in a proceeding. Part 4.3 makes easier the proof of the matters dealt with in that Part. Part 4.4 is about requirements that evidence be corroborated. Part 4.5 requires judges to warn juries about the potential unreliability of certain kinds of evidence. Part 4.6 sets out procedures for proving certain other matters. Part 4.1—Standard of proof 140 Civil proceedings—standard of proof (1) In a civil proceeding, the court must find the case of a party proved if it is satisfied that the case has been proved on the balance of probabilities. (2) Without limiting the matters that the court may take into account in deciding whether it is so satisfied, it is to take into account— (a) the nature of the cause of action or defence; and (b) the nature of the subject-matter of the proceeding; and (c) the gravity of the matters alleged.