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This article examines the concept of the burden of proof in the context of the First-tier Tribunal (Mental Health). Whereas it is well established that in an adversarial system the burden of proof in a case will always rest with the party bringing the action, the position in an inquisitorial system is far less clear. At least 4 positions have been competing for supremacy on this issue for over 30 years.

Is There a Burden of Proof in Mental Health Cases?