Sentences with phrase «assessment of the balance of probability»

While the Court of Appeal is seized with the duty of re-examining the evidence in order to be satisfied that no such error occurred, it is not, in my view, a part of its function to substitute its assessment of the balance of probability for the findings of the judge who presided at the trial.

Not exact matches

So, just as in the law we have two criminal procedures: criminal law where the requirement is «proof beyond reasonable doubt» and civil law «on the balance of probabilities», I personally think it is time we had Science (proof by experiment, the null hypothesis — proof beyond all reasonable doubt) and «science» (soft science)... where assertions are made using rigorous assessment of the data and the application of known scientific principles, but assertions have to be made which can not be subject to the full rigours of the scientific methodology.

Indeed, if there were such a connection, all four of the factors mentioned by Slynn J point towards a more liberal assessment of the merits and are arguably inconsistent with imposing a «balance of probabilities plus» test on the employee.