||All England Reporter
|| All ER (D) 452 (Jul)
|| EWCA Civ 1100
||Court of Appeal, Civil Division
Simon Brown, Mance and Latham LJJ
||Alaric Watson (instructed by D J Murphy, Cardiff) for the claimant.
||John Milwyn Jarman QC and Emyr Jones (instructed by Dilwyns, Llandrindod Wells) for the defendant.
||30 July 2002
Practice - Civil proceedings - Trial - Conduct of trial - Submission of no case to answer - Judge putting defendant to her election - Defendant electing not to give evidence - Judge giving judgment to claimant on basis that claimant had reasonable prospect of establishing liability on part of defendant - Whether judge in error.
Where a defendant was put to his election on making a submission of no case to answer and elected not to give evidence the judge had to decide whether or not the claimant had established his case by the evidence called on the balance of probabilities and not whether there was any real or reasonable prospect that the claimant's case might be made out or any case fit to go before a jury or judge of fact.
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