According to D 5/86 (OJ 1989, 210), an infringement of the rules of professional conduct must be established to the satisfaction of the disciplinary body before it can impose a disciplinary measure. Absolute certainty is not required, but a degree of probability which in human experience verges on certainty. A disciplinary measure cannot be imposed if there is reasonable doubt as to whether the infringement has occurred.

In D 3/14 the appellant had obtained the grade "fail" (with 68 marks) in the EQE pre-examination. She argued that the answer to statement 10.4 in the question paper should have been "false", rather than "true", as given in the examiners' Report, and requested that the decision of the Examination Board be set aside and that she be awarded a "pass".