Sentences with phrase «discharged on the balance of probabilities»

Last month Lady Hale and Lords Neuberger, Kerr, Clarke and Reed heard the onward appeal on the issue whether the Inner House erred in failing to hold that, in cases where the respondent intervenes to stop an alleged marriage of convenience and makes a removal order on that basis, the evidential burden of proof rests with the respondent and requires to be discharged on the balance of probabilities.

Not exact matches

[43] Looking at the plaintiff's evidence in light of all of the evidence, I have concluded that the plaintiff has not discharged the burden on her to establish on a balance of probabilities that she was injured in the car accident.