Sentences with phrase «facie case against the defendant»

«The process for a judge hearing a non-suit application is to ask whether, based on the evidence presented by the plaintiff, taken at face value and without being weighted, there is enough evidence for a prima facie case against the defendants.

The decision in Totalise plc v The Motley Fool Ltd [2001] EMLR 750 emphasised that the courts are not obliged to provide such relief and can consider wider matters such as the gravity of the defamatory allegations, whether the claimant has a strong prima facie case against the defendant, the size and extent of the potential readership and whether the claimant had any other available method of identifying the authors.

Not exact matches

However, where evidence discloses a strong prima facie case that Defendants perpetrated a premeditated, substantial fraudulent scheme against innocent victims, the law's reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy against such serious misconduct.