Balance of Probabilities

Balance of Probabilities meaning

This is the civil burden of proof that needs to be proved in order to win the case and ask the judge to agree with your version of events. In civil cases, the claimant is required to prove a fact on a balance of probabilities. This simply requires the judge to be persuaded that the claimant’s version of events is more likely to be true than the defendant’s. Your case analysis should enable you to take a preliminary view on whether your client will be able to discharge the burden of proof and succeed on liability and quantum.

The Balance of Probabilities

According to the standard known as "the balance of probability," a court will rule that it is satisfied that an event took place if it determines that, based on the evidence, the occurrence of the event was more likely than not to have taken place. For example an allegation of fraud is treated with extreme seriousness by the court which may, in some circumstances, require more than the usual civil burden of proof (balance of probabilities).

Evidential Burden

The Balance of Probabilities means the evidence is stacked in your favour 51%. The Claimant must show that it is more likely than not (i.e., at least a 51% likelihood) that their version of events is true. However, it is important to note that the amount of evidence needed to satisfy this standard can vary depending on the nature of the claim and the context in which it arises. In some cases, a relatively small amount of evidence may be enough to meet the balance of probabilities threshold, while in others it may require a more substantial body of evidence. Ultimately, it will depend on the specific circumstances of the case and the strength of the evidence presented by each party.

Balance of Probabilities test

The Balance of Probabilities test, commonly used in legal proceedings and decision-making, has its origins in common law. The test emerged as a way to determine the degree of certainty required to establish a case or reach a verdict in a civil case. It was initially used in English common law in the 19th Century, but its use has since spread to common law jurisdictions around the world, including the United States, Canada, and Australia. The test has been refined over time to include specific rules and principles that govern the assessment of evidence and the allocation of the burden of proof in legal cases. The Balance of Probabilities test has become a cornerstone of the legal system, guiding judges, juries, and lawyers to make decisions based on the available evidence and the balance of probabilities.

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