Ginesi v Ginesi
1948 · [1948] 1 All ER 373
Posted By lanbuk.com
- Facts
- A petition in which the question was how sure the court had to be before it found adultery.
- Issue
- Is adultery proved on the ?
- Held
- The Court of Appeal required the standard of proof used in a criminal case.
- Principle
- Adultery is not found on a mere balance. Where the act was not seen, the inference must be fair and the conclusion necessary.
- Why it matters
- Sierra Leone has followed this line, in Shonubi, in Wyse, in Williams v Williams and Pyne Bailey, and in Wilson v Wilson and Cousins. Do not tell the court that the ordinary civil standard is enough.
Words and Latin in this note
- Balance of probabilities
- The standard of proof in civil cases, and the standard when an accused bears a legal burden: the court asks whether something is more likely than not to have happened. Open the note.
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