C v D

The Applicant and the Respondent appeared in person The Children's Guardian was represented by Mr Osborne Solicitor from Cafcass Legal Hearing date: 6 March 2024 ____________________

i) The burden of proof lies, throughout, with the person making the allegation ( Re B (Care Proceedings: Standard of Proof) [2009] 1 AC 11 , at [2]).

ii) The standard of proof is the civil standard � the balance of probabilities. The law operates a binary system, so if a fact is shown to be more likely than not to have happened, then it happened, and if it is shown not to cross that threshold, then it is treated as not having happened; this principle must be applied, it is reasonably said, with 'common sense' ( Re B (Care Proceedings: Standard of Proof) , at [2]; Rhesa Shipping Co SA v Edmond and Another: The Popi M [1985] 1 WLR 948 at 956).

iii) Sometimes the burden of proof will come to the judge's rescue: the party with the burden of showing that something took place will not have satisfied him that it did. But, generally speaking, a judge ought to be able to make up his/her mind where the truth lies without needing to rely upon the burden of proof ( Re B (Care Proceedings: Standard of Proof) at [32]).

iv) The court can have regard to the inherent probabilities of events or occurrences, but this does not affect the legal standard of proof ( Re B (Care Proceedings: Standard of Proof) at [15] and [31]); the more serious or improbable the allegation the greater the need for evidential 'cogency' ( Re Dellow's Will Trusts ; Lloyd's Bank v Institute of Cancer Research [1964] 1 WLR 451 at 455).