How To Prove Your Case In A Commercial Dispute

A party making a claim bears the burden of proof, meaning that it is responsible for proving its claim. In civil disputes (as opposed to criminal matters) a claim generally must be proven ‘on the balance of probabilities' if it is to be successful. How is this achieved?

The answer is that the claimant must present sufficient evidence to persuade the decision maker that its case is more probable than not. That is likely to require the factual evidence of witnesses directly involved in the relevant events (and supporting documentation, which those witnesses will speak to), and the opinion evidence of suitably qualified subject experts. 

Whether or not the evidence presented is effective in persuading the decision maker can sometimes depend as much on how it is presented as on its content. A recent case in the Technology and Construction Court - Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC) (“Cartwright”) - illustrates the harm that can be caused to a party's