Practical Observations About The Burden And Standard Of Proof ' Post Kuzmin
| Published date | 17 May 2021 |
| Law Firm | RadcliffesLeBrasseur |
| Author | Mr Stewart Duffy |
The regulator always bears the burden of proving allegations of misconduct or deficient professional performance. In conviction cases the certificate of conviction is usually deemed conclusive proof of the conviction.
It is now well settled that the standard of proof which applies in fitness to practise cases is not the criminal standard of proof - beyond reasonable doubt - but the lower civil standard of proof. The Panel will find an allegation proved if, having considered all of the evidence, they are of...
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