Expert Evidence, “Naked Statistics” and Standards of Proof

Ward, Tony (2016) Expert Evidence, “Naked Statistics” and Standards of Proof. European Journal of Risk Regulation, 7 (3). pp. 580-587. ISSN 1867-299X

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Official URL: http://doi.org/10.1017/S1867299X00006097

Abstract

In the context of the UK Supreme Court decision in Sienkiewicz v Greif (2011) this article discusses the question whether so-called “naked statistical evidence” can satisfy the civil standard of proof in English law, the “balance of probabilities”. It argues that what is required to satisfy the standard is a judicial belief that causation is more likely than not, rather than a categorical belief that causation occurred. Whether such a belief is justified depends on the weight of the evidence as well as the degree of probability it purports to establish, but there is no reason of principle why epidemiological evidence alone should not satisfy this standard.

Item Type: Article
Subjects: M200 Law by Topic
M900 Other in Law
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Becky Skoyles
Date Deposited: 16 Jan 2017 14:34
Last Modified: 06 Sep 2017 19:07
URI: http://nrl.northumbria.ac.uk/id/eprint/29163

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