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Mark Twomey KC and William Dean (instructed by Hugh James) for the Applicant Tim Parker KC and Oliver Millington (instructed by Goodman Ray) for the First Respondent John Tughan KC and Rebecca Foulkes (instructed by Dawson Cornwell) for the Second Respondent Jo Delahunty KC and Fiona Holloran (instructed by Pluck Andrew Solicitors) for the Third and Fourth Respondents Sam King KC and Callum Brook (instructed by Hogans Solicitors) for the Fifth Respondent Hearing dates: 9th December 2024 Judgment date: 16th December 2024 ____________________
(a) The burden of proving the findings that the court is invited to make lies with the party which seeks the findings.
(b) The court must guard against the danger of reversing the burden of proof which remains with the party seeking the finding to the requisite standard.
(c) The standard of proof is the balance of probabilities (Re B [2008] UKHL 35 paras 70 and 72), namely more likely than not. The law operates a binary system: a fact is either proven or it is not.
(d) Findings of fact must be based on evidence, not speculation (Re A (A Child) (Fact-Finding hearing: Speculation) [2011] EWCA Civ 12 , per Munby LJ as he then was: "It is an elementary proposition that findings of fact must be based on evidence, including inferences that can properly be drawn from the evidence and not on suspicion or speculation.").
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Common Room
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