Establishing facts – Bano
Outlines a methodical approach to assessing the evidence and finding the facts in a case.
3. Exercising Judgement
Burden and standard of proof – Cooper
Considers the rules of evidence as applicable in tribunals by comparison with proceedings in criminal law. What is the burden of proof? What is the standard of proof? How is this affected by the more ...
Links that may cast doubt on objectivity – Stacey
An update on the article “When not to sit”, dealing with the implications of some recent case law. What type of relationship between a party’s representative and a tribunal member may give rise to a ...
Finding facts and weighing evidence – Bano
How to deal with different sources of evidence, including oral and expert evidence, dealing with conflicting evidence, assigning weight to evidence and ensuring that the tribunal’s conclusions are based on the evidence as a whole.
Weighing the evidence – Mullan and Wilton
How a tribunal should obtain and assess the relevant evidence and make findings of fact based on that evidence. Covers nature and weight of evidence, the burden and standard of proof, witness and expert evidence, ...
A light that illuminates the obscure (expert evidence) – Hinchliffe
A wide-ranging review of how tribunals may make use of and test expert evidence and the problems arising. Limitations on deployment of the tribunal’s own expertise, such as the medical member in the mental health ...