Balance of probabilities

Balance of probabilities is the standard of proof used in civil cases, including a claim against a scammer. It means the court only needs to be satisfied that a claim is more likely true than not, sometimes described as “more than 50 percent likely.”

This is a lower threshold than the “beyond reasonable doubt” standard used in criminal trials, where guilt must be proven to a near-certain level because the consequences include imprisonment.

Because the burden of proof in a civil claim is lighter, a victim does not need overwhelming evidence, but the evidence still needs to tell a consistent, credible story that tips the scale in their favour.

When it matters

This lower standard is one reason a civil claim can sometimes move forward, or succeed, even while a police investigation is still ongoing.