- Ewin was required to prove that the incident occurred on the balance of probabilities, whereas a prosecution had to prove the case beyond reasonable doubt.
- Ewin was entitled to an award of damages, payable by the defendant, to compensate the harm caused by the defendant’s conduct. In a criminal case, the defendant would have been subject to a sanction such as imprisonment. There would have been no scope for the criminal court to award compensation to Ewin as the victim.
