Judd v Minister of Pensions and National Insurance

Subject Matter

BURDEN OF PROOF — Pensions claim under Royal Warrant — Burden on Crown — Civil or criminal standard of onus of proof — “Benefit of any reasonable doubt” to be given to claimant — Royal Warrant, 1949, art 4 (2) (3)

[1966] 2 QB 580; [1966] 2 WLR 218

JUDICIAL PRECEDENT — Pensions claim under Royal Warrant — Whether doctrine of stare decisis applicable — Not applicable “in its full vigour”

[1966] 2 QB 580; [1966] 2 WLR 218

MILITARY LAW — Pension — Burden of proof — Injury sustained during war service — Condition of “cervical spondylosis” diagnosed subsequent to discharge — Whether condition attributable or aggravated by earlier injury — Whether “benefit of any reasonable doubt … given to … claimant “ — Standard of proof — Royal Warrant, 1949, art 4 (2) (3)

[1966] 2 QB 580; [1966] 2 WLR 218

Commentary

Blackstones Civil Practice 2023
Burden and Standard of Proof - Standard of proof 49.41