A court applying the balance of probabilities standard in civil proceedings, including care and protection proceedings, commits an error of law if it rejects a case because it cannot exclude an alternative hypothesis that is 'highly improbable'. The requirement under s 140(2)(c) of the Evidence Act to take into account the gravity of the allegation does not require exclusion of all alternative hypotheses; it merely reflects the conventional perception that members of society do not ordinarily engage in serious misconduct. The interaction between s 140(2)(b) and s 140(2)(c) in care proceedings involving allegations of sexual abuse remains an open question.
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