Burden of proof (England and Wales)
The burden of proof identifies which party bears responsibility for establishing a relevant issue. In ordinary civil litigation the legal burden generally rests on the party asserting the relevant proposition, subject to specific statutory and other rules. The burden is distinct from the standard of proof, which specifies the degree of certainty required. Criminal proceedings and particular defences or statutory provisions have their own allocation rules.
Worked example
A claimant alleging breach must establish the necessary facts of the claim under the applicable civil rules. A defence may involve a separate issue on which the defendant bears a burden, depending on the governing law.
Common mistake
Confusing which party must prove an issue with how strongly the evidence must prove it, or assuming one burden rule applies without exception to every case.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (ENG) | Supporting | September 2026–June 2027 |