Assessing credibility – Genn
Warns of the difficulty of assessing credibility, is someone telling the truth? In particular, warns against placing too much weight on the demeanour of a witness.
1. Assimilating and Clarifying Information
Establishing facts – Bano
Outlines a methodical approach to assessing the evidence and finding the facts in a case.
(Perils of the) Online World – Clarke
Spring 2013 The relevance of social media including Twitter and Facebook to the work of judges. Impact on the nature of evidence before tribunals. Touches on Judicial Conduct in relation to social networking. Summer 2013 ...
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 ...
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 ...