In criminal cases the standard is proof beyond reasonable doubt. In civil cases it is the balance of probabilities. The second is frequently explained as though it were a simple comparison of two accounts, which understates what it does.
What the standard is for
A standard of proof is a rule for deciding who loses when the evidence does not clearly favour either side. It does not tell the court how to weigh evidence; it tells the court what to do when weighing has finished and the result is close.
What it is not
It is not a requirement that the claimant's account be more believable in a general sense. It is a requirement that the facts the claimant must establish are more probable than not.
The distinction is not academic. A claimant can be the more credible witness and still fail, if the specific facts they must prove are not more probable than not.
Applied
Where a case turns on a single contested event and both accounts are equally consistent with the evidence, the standard decides the outcome: the party carrying the burden loses. This is why the allocation of the burden matters as much as the assessment of the evidence.
Article continues in the general guidance below.
For the underlying provisions, see the constitutional text, which sets out the framework the courts apply.
