The balance of probabilities, also known as preponderance of the evidence in US law, is a standard of proof used in civil cases, where the court must decide which party is more likely to be telling the truth. This standard requires that the evidence presented by one party is more probable than the evidence presented by the opposing party. In other words, if the court finds that one party's case is more likely than the other party's case, then the court will find in favour of that party.
The balance of probabilities is a lower standard of proof than the beyond reasonable doubt standard used in criminal cases. In a civil case, the consequences of a verdict are typically limited to financial compensation or an order to perform or refrain from a particular action, rather than loss of liberty or imprisonment.
In practice, the balance of probabilities standard means that the judge will evaluate the evidence presented by each party and decide which version of events is more probable. The judge will weigh the evidence and consider factors such as the reliability of witnesses, the consistency of the evidence, and the likelihood of other explanations for the events in question.
For example, in a personal injury case, the plaintiff must prove that it is more likely than not that the defendant's actions caused the plaintiff's injuries. The plaintiff may present medical records, witness testimony, and other evidence to support their case. The defendant may present evidence to refute the plaintiff's claims, such as evidence of pre-existing injuries or an alternate explanation for the plaintiff's injuries. The judge will weigh the evidence presented by both parties and decide which version of events is more probable.
In conclusion, the balance of probabilities is a standard of proof used in civil cases, where the court must decide which party's version of events is more likely to be true. This standard requires that the evidence presented by one party is more probable than the evidence presented by the opposing party. It is a lower standard of proof than the "beyond a reasonable doubt" standard used in criminal cases, reflecting the different consequences of a verdict in civil and criminal cases.
You can learn more about this topic and relevant case law with our Evidence notes.
