For reasons of policy or pragmatism, the actual criminal standard of proof may be used in civil proceedings such as contempt of court. Contempt of court is a criminal offence. Accordingly, the burden of proving that the defendant is in contempt rests on the claimant and the facts constituting any contempt must be proved to the criminal standard.
Citations:
[1970] 1 Ch 128
Cited by:
Cited – AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others CA 21-Dec-2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release.
Held: The standard of proof in such applications remained the balance of probabilities, but that . .
Cited – Airbus Operations Ltd v QBE Insurance Company (UK) Ltd and Another Admn 14-Dec-2012
The defendants sought to have the claimant committed for contempt, alleging that in exaggerating his symptoms, he had sought to inflate the amount of his damages claim.
Held: Contempt was found. Some of the allegations were found to have been . .
Lists of cited by and citing cases may be incomplete.
Evidence, Contempt of Court
Updated: 01 May 2022; Ref: scu.237708
