![]() The single joint expert is able to add very little, because by the time he has been instructed remedial works have already been completed, and the documentation is largely inconclusive. The judge forms an adverse impression of the reliability of both camps. The case comes on for trial and, over three days, the parties and their witnesses are extensively cross-examined. Mr and Mrs Jones are disputing the final account and are counter-claiming for damages for delay and for defects. The claimant, Mr Smith, a local builder, is suing Mr and Mrs Jones, house-owners, for the unpaid balance on his final account. Take the example of a typical case proceeding in the Manchester TCC. The more improbable the event, the stronger must be the evidence that it did occur before, on the balance of probability, its occurrence will be established." It means only that the inherent probability or improbability of an event is itself a matter to be taken into account when weighing the probabilities and deciding whether, on balance, the event occurred. Although the result is much the same, this does not mean that where a serious allegation is in issue the standard of proof required is higher. Built into the preponderance of probability standard is a generous degree of flexibility in respect of the seriousness of the allegation. ![]() A stepfather is usually less likely to have repeatedly raped and had non-consensual oral sex with his under age stepdaughter than on some occasion to have lost his temper and slapped her. Deliberate physical injury is usually less likely than accidental physical injury. Fraud is usually less likely than negligence. When assessing the probabilities the court will have in mind as a factor, to whatever extent is appropriate in the particular case, that the more serious the allegation the less likely it is that the event occurred and, hence, the stronger should be the evidence before the court concludes that the allegation is established on the balance of probability. ![]() "The balance of probability standard means that a court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not. ![]()
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