No case to answer

Graham v Chorley Borough Council [2006] All ER (D) 288 (Feb); NLJ 10 March

A judge in a civil action should only in exceptional circumstances entertain a submission of no case to answer without putting the defence to its election. In such an exceptional case, if the defendant has material evidence that he is willing to give on a central issue, the judge should not judge the merits of the claimant’s case at the halfway stage on the balance of probabilities, but should ask himself whether the claimant has advanced a prima facie case or a case to answer sufficient to call for an explanation from the defendant. That it may be a weak case and unlikely to succeed unless assisted, rather than contradicted, by the defendant’s evidence, or by adverse inferences to be drawn from the defendant’s not calling any evidence, would not allow it to be dismissed on a no case submission.