The threshold for rebutting the presumption of judicial integrity and impartiality is high, and
it requires cogent evidence.
Not exact matches
The term sometimes means nothing more than clear thinking, an ideal promoted by any class in which the professor
requires attention to
evidence,
cogent arguments, and clarity of expression.
The dilemma is that there isn't
cogent current
evidence for regulatory reform while our ability to respond nimbly if and when
required is doubtful.
As has been confirmed by the Court of Appeal (see R v Mental Health Review Tribunal (Northern Region)[2005] ECA Civ 1605) the flexibility of the civil standard lies not in «any adjustment to the degree of probability
required for an allegation to be proved...» but rather in the fact that more serious allegations will
require more
cogent evidence.
Though he noted that there is only one civil standard of proof — a balance of probabilities — Arbitrator Slotnick held that an allegation of sexual misconduct does
require clear,
cogent, and convincing
evidence.
Where
evidence is
required in order to prove the constituent elements of a s. 1 inquiry, and this will generally be the case, it should be
cogent and persuasive and make clear to the court the consequences of imposing or not imposing the limit.
So far as establishing that there were factors that made England an appropriate forum despite another forum being natural, one factor, that justice could not be achieved in that natural forum,
required «
cogent evidence».