What is the burden and standard of proof in the UK for?

Question

1. Negligence
2.Acting without due care and attentio
3.Defence of automatism

Answer 1

In the UK, the burden of proof in civil (or tort) cases is "on the balance of probabilities" and in criminal cases "beyond a reasonable doubt".

Of the three examples you gave:

1. Negligence is generally a tortuous claim and therefore is determined on the balance of probabilities. (ie. 51% over 49%)

2. Acting with undue care or attention is an aspect of negligence. Although with negligence, you must first prove there was a duty of care owed and then secondly prove that on the balance, that duty was breached. (For a far better explanation of the above, see: Lord Atkins dictum in Donoghue v. Stevenson, Anns v. Merton London Borough Council, and most recently, Caparo Industries v. Dickman)

3. The defence of Automatism is used in criminal cases and has a variety of barriers depending on whether you are claiming insane automatism which is caused by a "disease of the mind" (R v. Quick) or non-insane automatism with is due to external factors (R v. Hennessy).

Answer 2

You need to talk with a solicitor about this - and s/he may refer you to a barrister for solid advice. These are complex questions, and the answers you get here are unlikely to be complete or accurate if you are planning a defence.

Answer 3

What does it matter ? We are just locking up more and more people in the UK anyway because of hysterical political pressure and more and more laws to criminalise everything in creation - legal semantics don't make any difference because the law is made by donkeys.

Answer 4

are you doing your home work