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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47630
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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What foundation is necessary to provoke an allegation to be

Customer Question

What foundation is necessary to provoke an allegation to be false?
Ie does the person claiming allegations are false have to see or hear something?
Is there any other grounds?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Please explain your situation in a bit more detail

JACUSTOMER-8a2qr3nb- : This person is basing these allegations based on a conversation that they had claiming it to be fact. If the person didn't see or hear anything how will this be upheld?
Ben Jones :

When it comes to assessing factual disputes, where it is essentially one person’s word against another’s, the courts have developed certain tests that would be applied. As a general rule, the following are three of the more widely used tests:

  • Demeanour - includes matters such as a person’s conduct, manner, bearing, behaviour, delivery and inflexion. They are matters of impression, which are not necessarily revealed by reading a transcript of evidence
  • Inconsistency – mainly to do with any apparent inconsistencies in a person’s evidence
  • Probability – this would ask of the evidence as a whole, or of a particular part of it: whose account is more probable in the circumstances?

So the courts will apply these or other similar tests in coming to a decision that they believe is fair in the circumstances. That does not mean it is factually the right one, but what has been judged to be the fairest outcome based on all available information.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much