Evidential consequences of defendant submitting no case to answer

Published by a ��˾��ҹ�� Dispute Resolution expert

Practice notes

Evidential consequences of defendant submitting no case to answer

Published by a ��˾��ҹ�� Dispute Resolution expert

Practice notes

This Practice Note explains the meaning of a defendant submitting no case to answer. It is only in extremely rare cases that a defendant making a submission of no case will not be ‘put to its election’, the election being that it can make such a submission but only on the basis that it cannot call any evidence of its own if the submission fails. The evidential tests which apply whether the defendant is or is not put to its election are set out.

A submission of ‘no case’ to answer

At trial, a defendant may decide to make a submission of no case to answer (‘no case’) after the claimant has indicated that it has closed its case and before the defendant calls any evidence. This is sometimes referred to as the ‘half-way stage’ of the trial. Such a submission is made only where the defendant is extremely confident that the claimant has not presented the court with sufficient evidence to make out an ostensible case requiring answering by evidence. If a ‘no evidence’

Jurisdiction(s):

United Kingdom

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