Example sentences of "[subord] [art] defendant ['s] " in BNC.
Next page| No | Sentence |
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| 1 | where the defendant 's solicitor indorses on the writ a statement that he accepts service of the writ on behalf of the defendant ; |
| 2 | ( 2 ) That although the privilege against self-incrimination subsisted and could only be removed or altered by Parliament , there was no reason to allow a defendant in civil proceedings to rely on it , thus depriving a plaintiff of his rights , where the defendant 's own protection was adequately secured by other means ( post , pp. 350B , 352C–D , 354B , 355B , 357F–G , 358F–G , 359A–B , F–G , H , 360A ) . |
| 3 | Where the defendant 's breach of duty is followed by a third party act which is also a cause of the plaintiff 's damage , the court has to determine the extent of the defendant 's liability . |
| 4 | Where the defendant 's duty was to guard the plaintiff or his property from a third party , then the third party act will not relieve the defendant from the consequences of his negligence . |
| 5 | Where the defendant 's negligence has placed a person in danger and the plaintiff has attempted a rescue , the court will be slow to find the rescuer contributorily negligent . |
| 6 | Where the defendant 's entry is by authority of law as opposed to the plaintiff 's authority and the defendant subsequently abuses that right , then he becomes a trespasser ab initio ( from the moment of entry ) ( Six Carpenters Case ( 1610 ) 8 Co Rep 146A ) . |
| 7 | The defendant only needs to assert that he is in possession and the plaintiff must then show that his title is better than the defendant 's . |
| 8 | Kashi was interpreted as holding that ‘ there is no basis for the injunction if the defendant 's assets are situate abroad ’ . |
| 9 | The Crown submitted that , even if the defendant 's approach be accepted , the defence could not exclude admissible evidence , even if proper notice of it had not been given , and further argued that Zaidie 's evidence ( confirmed by the defendant ) that an accident was not suggested in the telephone call to him was conclusive when taken with the incontrovertible circumstances of the shooting , thereby suggesting that the ‘ irregularities ’ were not material in the sense that the defence could have profited if they had not occurred . |
| 10 | If the defendant 's contention were adopted , it would result that in no case of a doubtful claim could a compromise be enforced . |
| 11 | So if the defendant 's argument succeeded , the plaintiff would be left under-compensated . |
| 12 | If the defendant 's address can be proved , but he is denied there , an order for substituted service " by first class prepaid post in a plain white or blue ( but not buff ) handwritten envelope on which is to be affixed an ordinary postage stamp " may be sought , and some district judges are familiar with an order in these terms knowing of the antipathy to buff envelopes when received by some defendants , particularly debtors . |
| 13 | Limited exceptions were envisaged , for instance where the plaintiff is in a nervous state or confused by the effects of a brain injury or if the defendant 's doctor is known to have a fierce cross-examining manner . |
| 14 | A tenant in common or joint tenant of land can not sue his co-tenant in trespass , unless the defendant 's act amounts to the total exclusion or ouster of the plaintiff or destructive waste of the common property . |
| 15 | first , the definition of infanticide is limited to the killing of the child most recently born , which means that when a mother in a disturbed state kills both her last-born child and another slightly older child , the one killing is infanticide and the other may be murder , whereas the defendant 's culpability is surely the same in both cases . |
| 16 | After the defendant 's Ford Fiesta crashed , Scott had to be restrained before he was taken to hospital for treatment . |
| 17 | As to whether the defendant 's claim was barred by section 10 of the Limitation Act 1980 , the defendant 's right to claim contribution accrued on the date when the plaintiff was given judgment : 6 February 1986 . |
| 18 | The ‘ year and a day ’ rule is a legacy of times when medical science was so rudimentary that , if there was a substantial lapse of time between injury and death , it was unsafe to pronounce on whether the defendant 's conduct or some other event caused the death . |
| 19 | Only when it has been determined that the accumulation on the land is a deliberate one , need the court consider whether the defendant 's user is non-natural . |
| 20 | ‘ the simple facts which the court has to find are whether the defendant 's conduct in fact prevented the police from carrying out their duty , or made it more difficult for them to do so , and whether the defendant intended that conduct to prevent the police from carrying out their duty or to make it more difficult to do so . ’ |
| 21 | The starting point for assessing whether the defendant 's breach of duty is a factual cause of the plaintiff 's damage is the but for test . |
| 22 | If there is uncertainty as to whether the defendant 's negligence has caused the damage , it has to be determined what degree of probability of damage occurring has to be established by the plaintiff . |
| 23 | In Mansfield , for example , there were cases in which the clerk had put the conditions on the bail form even before the defendant 's solicitor had concluded his application for unconditional bail . |
| 24 | The act of shipping the barley in Maynegrain was assumed to be sufficient to amount to conversion , but the position is different where the defendant innocently interferes with P 's goods whether upon his own initiative or upon the instructions of another , when the defendant 's act amounts to nothing more than transport or custody of the goods . |
| 25 | The passenger was killed when the defendant 's car hit an unlit lorry . |
| 26 | The second case was Hall v Avon AHA [ 1980 ] 1 All ER 516 in which the Court of Appeal held that the plaintiff can not insist , as of right , upon having his own doctor present when the defendant 's doctor examines him . |