Source: All England Reporter
Publisher Citation: [2002] All ER (D) 452 (Jul)
Neutral Citation: [2002] EWCA Civ 1100
Court: Court of Appeal, Civil Division

Simon Brown, Mance and Latham LJJ

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

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