The general rule is that the burden of proof lies with the claimant and that each fact must be proved unless it is admitted by the opponent. There is an exception to this general rule where a defendant in civil proceedings has been convicted of a criminal offence. Section 11 of the Civil Evidence Act 1968 reverses the burden of proof in this scenario. If the defendant wants to prove they were not guilty of an offence despite being convicted of it, then they will be bare the burden of doing so.
The standard of proof in civil proceedings is in the balance of probabilities. This means the judge must be persuaded that the claimant’s version of events is more likely to be true than the defendants.