Abstract:
This article considers the problems of burden of proof and standard of proof in civil litigation. There is no standard text on evidence law that considers these issues from the civil practitioners’ point of view. Understanding clearly on whom the burden of proof lies is a fundamental requirement for any litigator. This entails understanding the trial process, the mechanics of evidence adduction, the factors at play when presumptions are applicable and the basics of the burden on a party. This is an attempt to relate matters of practice with matters of procedure and law to give the reader a fuller understanding of the tools available to better prepare his case. Matters of practical pleading are interwoven with the issues of burden of proof. These are in turn considered against how a trial is run in Singapore, bearing in mind the Evidence Act and case law. The second part of the article looks at the critical issue of standard of proof, with the focus on cases involving civil fraud. These kinds of cases have lately been receiving increasing attention, and this article would be timely to state the law on the standard of proof applicable to such civil fraud cases. The current position in England, which may be different from the current position in Singapore, is fully considered.