UK Law
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Answered in 17 minutes by:
4/27/2023
JimLawyer, Lawyer
Category: UK Law
Satisfied Customers: 20,015
Experience: Senior Associate Solicitor at Slater & Gordon
VerifiedHello, this is Jim and welcome to JustAnswer.
I am one of the legal experts on this site (a dual-qualified Solicitor in the UK and Republic of Ireland).
Thanks for the question - I am reviewing the details now and I will aim to resolve it as quickly as possible for you.
Yes, you will need to overcome the evidential proof which is on the balance of probabilities, or "more likely than not", or 51% in order to win. This is done with evidence and if the judge prefers your evidence to the other party's. It can be a close call and ultimately it's up to the judge to determine the outcome with reference to the Civil Procedure Rules, statute (e.g. the Consumer Rights Act 2015), and also case law. Sometimes it comes down to your word against the other side's if there is a lack of evidence and who the judge prefers / who they believe.
And a judge has to deal with a case justly / fairly too - as per the overriding objective
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