Submission of no case to answer
Submission of no case to answer

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Submission of no case to answer
  • Introduction
  • Putting the defendant to its election
  • Evidential test when the defendant is put to its election
  • Evidential test when the defendant is NOT put to its election

Introduction

A defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence. It is only done where the defendant is extremely confident that the claimant has not presented the court with sufficient evidence to make out a crucial part of its case.

When a defendant indicates that it intends to make a submission, the court has a choice of whether or not to 'put the defendant to its election'. Putting a defendant to its election means, in effect, inviting the party to make a submission of no case to answer on the basis that it will not be allowed to call any evidence of its own if the submission fails. This is what will happen in the vast majority of cases.

The alternative is to allow the defendant to make its submission of no case to answer without putting it to its election. This allows it to make the submission without losing the chance to present its own evidence if the submission fails.

Putting the defendant to its election

The defendant should 'rarely if ever' be allowed to make a submission o

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