L v J [1985] JLR 27 (25 April 1985)
- Citation
- [1985] JLR 27
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Divorce / Judgment
More details
- Posture
- Divorce / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that in cases of serious matrimonial offences like cruelty, the standard of proof is higher than the balance of probabilities but lower than the criminal standard.
Court disposition
judgment delivered
02
Material facts
Parties
L
ApplicantJ
Respondent03
Procedural history
Posture
Divorce / Judgment
04
Questions and positions
Legal issues
What is the appropriate standard of proof for allegations of cruelty in divorce proceedings?
Party arguments
- Applicant
- Applicant alleges cruelty as grounds for divorce, requiring the court to determine the standard of proof.
- Respondent
- Respondent contests the allegations and the applicable standard of proof.
05
Court’s reasoning
Legal principles
- 01
[1985] JLR 27
Serious matrimonial offences such as cruelty require a standard of proof higher than the mere preponderance of probabilities but not as high as the criminal standard.
06
Ratio, limits and disposition
Ratio decidendi
The court held that in cases of serious matrimonial offences like cruelty, the standard of proof is higher than the balance of probabilities but lower than the criminal standard.
Court disposition
judgment delivered
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> L v J [1985] JLR 27 (25 April 1985) URL: https://www.bailii.org/je/cases/JLR/1985/JLR850027.html Cite as: [1985] JLR 27 [ New search ] [ Help ] L v J 1985 JLR 27 (25 April 1985) Family Law - divorce - cruelty - standard of proof-serious matrimonial offence demands standard higher than mere preponderance of probabilities but not as high as criminal standard The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1985 JLR 27 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1985/JLR850027.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.