In Bater v. Bater, [1950] 2 All E.R. 458, at p. 459, Lord Denning, M.R., speaking for the court is reported as follows: "The difference of opinion which has been evoked about the standard of proof in these cases may well turn out to be more a matter of words than anything else. It is true that by our law there is a higher standard of proof in criminal cases than in civil cases, but this is subject to the qualification that there is no absolute standard in either case. In criminal cases the charge must be proved beyond reasonable doubt, but there may be degrees of proof within that standard. Many great judges have said that, in proportion as the crime is enormous, so ought the proof to be clear. So also in civil cases. The case may be proved by a preponderance of probability, but there may be degrees of probability, within the standard. The degree depends on the subject matter. ... it does require a degree of probability which is commensurate with the occasion." (emphasis added)
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