“…robability that a person will risk such consequences: see R(N) v Mental Health Review Tribunal (Northern Region) [2005] EWCA 1605 para 62, cited in Re Doherty, [2008] UKHL 33 para 27 per Lord Carswell”.…”
“…wise. Thus, by way of example, in civil contempt proceedings the criminal standard is conventionally and appropriately applied. As stated by Lord Brown in re D [2008] UKHL 33, [2008] 1 WLR 1499 at p. 1515A, after he had discussed various instances where the criminal standard of proof was applied:…”
“…been made dishonestly. In doing that, the judge directed himself by reference to the approach to the standard of proof set out by the House of Lords in In re D [2008] UKHL 33; [2008] 1 WLR 1499, and held that even on the test in Ghosh he considered that it was necessary to substitute a finding of dishonesty in relation to charge 5a,…”
“…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 observatio…”