The claimant disputed whether the defendant had been lawfully married to the claimat’s deceased mother, and possible marriage having been polygaous, and without the defendant having divorced his first wife.
Held: Master Matthews set out the approach of the courts to matters of evidence and the burden of proof. Pointing out that: ‘the decision of the court is not necessarily the objective truth of the matters in issue. Instead it is the most likely view of what happened, based on the material that the parties have chosen to put before the court, taking into account to some extent also what the court considers that they should have been able to put before the court but chose not to’
[2016] EWHC 3160 (Ch)
Bailii
England and Wales
Litigation Practice, Wills and Probate
Updated: 26 January 2022; Ref: scu.571991