- Cited — Y & Anor (1996 Hague Convention: Article 11), Re 2023-07-12
“…S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17, [2010] 1 AC 678, [2010] 1 FLR 1161 (citing Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563, [1996] 2 WLR 8, [1996] 1 FLR 80 that:…”
- Cited — Re H (Parents with Learning Difficulties: Risk of Harm) 2023-02-02
“…[1996] AC 563,…”
- Cited — RE A (CHILDREN) (POOL OF PERPETRATORS) 2022-10-17
“…ors, certain and uncertain, has become clear and well established, and bearing in mind the words of Lord Lloyd (Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563, [1996] 1 FLR 80) quoted in Re B at paragraph [63] that “There is a danger that the repeated use of [the] words will harden into a formula which, like other fo…”
- Cited — H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) (Rev 2) 2021-03-30
“…atisfy the court, on the balance of probabilities, that ‘the occurrence of the event was more likely than not’ [Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563]. This is a binary analysis in which each allegation is either found to be ‘proved’ or ‘not proved’:…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…utton called the cogency principle, to be derived, he submitted, from the speech of Lord Nicholls in Re H and Others (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563.…”
- Cited — B-T (A Child: Threshold Conditions) 2020-06-03
“…sition has never been better expressed than it was by Lord Nicholls of Birkenhead, who said this in Re H and R (Minors) (Child Sexual Abuse: Standard of Proof) [1996] AC 563:…”
- Cited — Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor 2020-03-18
“…[1996] AC 563…”
- Cited — Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor 2020-03-18
“… judge received some submissions on standard of proof, and he mentioned in his judgment the well-known cases of Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 (“Re H”) and Re B (Children) [2009] AC 11 (“Re B”).…”
- Applied — Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor 2020-03-18
“…on of dishonesty, the judge appears to have applied a heightened standard of proof. For example, at [1138], citing the speech of Lord Nicholls in Re H (Minors) [1996] AC 563, the judge said.…”
- Cited — D (Fact-finding appeal) 2019-12-20
“…cision, the House of Lords departed from an earlier formulation (in the speech of Lord Nicholls of Birkenhead in Re H (Minors) (Sexual Abuse: Standard of Proof)[1996] AC 563) that “the more improbable the event the stronger must be the evidence that it did occur” and that “the more serious the allegation the more cogent is the evid…”
- Cited — Maughan, R (On the Application Of) v Her Majesty's Senior Coroner for Oxfordshire 2019-05-10
“…This was established by the decision of the House of Lords in the case of re H (Minors) [1996] AC 563, as confirmed and supplemented by the decision of the House of Lords in re B (Children) [2008] UKHL 35, [2009] 1 AC 11. It is in fact noticeable that both thos…”
- Applied — Maughan, R (On the Application Of) v Her Majesty's Senior Coroner for Oxfordshire 2019-05-10
“…“Certainly, once it became established as it finally was in re H [1996] AC 563, that there is no such thing as an intermediate standard of proof, logic surely demanded that one standard or the other be applied and common sense dictates th…”
- Cited — B (Children : Uncertain Perpetrator) (Rev 1) 2019-04-04
“…[1996] AC 563,…”
- Followed — Y and E (Children) (Sexual Abuse Allegations), Re 2019-02-21
“…ngs followed the principle identified in a number of authorities and expressed by Lord Nicholls of Birkenhead in Re H(Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 at p586 that “the more serious the allegation the less likely it is that the event occurred and, hence, the stronger should be the evidence before the court co…”
- Applied — Jones v Birmingham City Council 2018-05-23
“…[1996] AC 563, 586D-H, per Lord Nicholls of Birkenhead. For essentially practical reasons, the Recorder of Manchester decided to apply the criminal standard. The Court of Ap…”
- Cited — Jones v Birmingham City Council 2018-05-23
“…[1996] AC 563…”
- Cited — Jones v Birmingham City Council 2018-05-23
“…[1996] AC 563, 586, some things are inherently more likely than others. It would need more cogent evidence to satisfy one that the creature seen walking in Regent's Park was…”