- Applied — Balwant Singh Gill v Jashpal Singh Thind & Ors 2023-11-02
“…dings aside, the standard of proof in civil cases is always the balance of probabilities: Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35, [2009] 1 AC 11. No different standard of proof applies to proving an oral declaration of trust. I do not think that Scarman LJ meant to say anything different when, during th…”
- Cited — Re H (Parents with Learning Difficulties: Risk of Harm) 2023-02-02
“…[2008] UKHL 35, [2009] 1 AC 11 and…”
- Applied — Re C & Ors (Care Proceedings: Fact Finding) 2023-01-26
“…the judge failed to apply the correct approach to the burden and standard of proof. Ms Meyer cited the well-known dicta of Lord Hoffman in Re B [2008] UKHL 35, [2009] 1 AC 11 (at paragraph 2):…”
- Disapproved — RE A (CHILDREN) (POOL OF PERPETRATORS) 2022-10-17
“…96] 1 All ER1 (“Re H”). The same issue came before the House of Lords again in Re B (Care Proceedings: Standard of Proof) (Cafcass Intervening) [2008] UKHL 35, [2009] 1 AC 11 (“Re B”). Baroness Hale, giving the lead speech, disapproved a formula which had been adopted by many courts following the speech of Lord Nicholls in Re H, to …”
- Cited — Saleh Ibrahim Mabrouk v John Murray 2022-07-12
“…017] EWHC 432 (QB). In a civil case, whatever the background, the standard of proof is always the balance of probabilities: see Re B (Children) [2008] UKHL 35; [2009] 1 AC 11, in particular at [13] and [70].…”
- Cited — Dansingani & Anor v Canara Bank 2021-05-20
“…ise of the allegations depended on the context in which they made, relying upon the well-known observations of Lord Hoffmann in Re B (Children) [2008] UKHL 35, [2009] 1 AC 11 at [72]. The…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…This passage does not propound a principle or a rule of law. In Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35, [2009] 1 AC 11, Lord Hoffmann, referring to this passage, said at [15]: “Lord Nicholls was not laying down any rule of law. There is only one rule of law, namely that the occ…”
- Cited — Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor 2020-03-18
“…This is clear from the judgment of the House of Lords in In re B (Children) [2008] UKHL 35, [2009] 1 AC 11. Lord Hoffmann said:…”
- Cited — A (No. 2) (Children: Findings of Fact) 2019-11-14
“…The starting point, as King LJ said in this case, citing Baroness Hale in Re B (Minors) [2008] UKHL 35; [2009] 1 AC 11 at [70], remains that the facts must be proved on the simple balance of probability. Neither the seriousness of the allegations nor the seriousness of the cons…”
- Cited — Maughan, R (On the Application Of) v Her Majesty's Senior Coroner for Oxfordshire 2019-05-10
“…use 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 those cases were care proceedings involving children and so did not just represent a private lis between parties but also i…”
- Approved — Jones v Birmingham City Council 2018-05-23
“…That approach was approved in Re D [2008] 1 WLR 1499, [2008] UKHL 33 although the issue was revisited in re B (Children)(Care Proceedings: Standard of Proof) [2009] 1 AC 11, in which Lord Hoffmann repeated his earlier observations and, commenting on McCann,said(at [13]):…”