# The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, Article 60: Burden of proof


(1) Subject to the provisions of this article, the burden of proving any issue is on the claimant.
(2) Where paragraph (3) applies there is a presumption in favour of the claimant unless the Secretary of State proves to the contrary.
(3) This paragraph applies where—
(a) a contemporary official record relating to a material fact which is relevant to deciding a condition for payment of benefit under Part 2 is missing; and
(b) there is other reliable evidence to determine the material fact.
(4) For the purpose of paragraph (3)—
(a) “a contemporary official record” means a record, including an electronic record, held by the Secretary of State for Defence or the Defence Council;
(b) “a material fact” need not be a decisive fact for the purpose of determining a claim under Part 2;
(c) a record is missing where it has been—
(i) lost and cannot be found after a diligent search; or
(ii) destroyed.

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Source: https://www.legislation.gov.uk/uksi/2011/517/article/60 (the official version)
Page: https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2011/article-60
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.