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What does the phrase ‘burden of proof’ mean?

This term describes the obligation on a party to produce sufficient evidence to support their case. In civil cases, the burden normally rests on the Claimant to demonstrate that on the balance of probabilities, they have a sufficient claim against the Defendant. The civil level of the burden is more likely than not i.e. 51% likely.

For explanations of further keywords & phrases used in the context of commercial disputes we’ve produced a Legal Jargon Buster.

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