#CivilLaw #Adjudication #BurdenOfProof #Evidence

| truthaholics

THE JOB OF THE COURT IN CIVIL CASES: A USEFUL PRIMER: ADJUDICATION, THE BURDEN OF PROOF: THE JUDGE DOES NOT DECIDE WHO HAS THE MORAL HIGH GROUND

In Ball & Ors v Ball & Ors [2017] EWHC 1750 (Ch) HHJ Paul Matthews (sitting as a Judge of the High Court) set out clearly and succinctly the principles by which the civil courts determine cases. They serve as a useful “cut out and keep” summary of the relevant principles.

THE CASE

The judge was deciding a dispute between family members about the validity of a will.  Some of the parties were litigants in person.

THE JUDGMENT: A COURT DOES NOT DECIDE WHO HAS THE MORAL HIGH GROUND

  1. The present legal procedure raises a number of legal issues. Lawyers will know this, but, for the benefit of the parties…

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