Example sentences of "[subord] [art] plaintiff ['s] " in BNC.
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| 1 | where the plaintiff 's injuries were inflicted by the frolics of a young filly , behaviour which is perfectly normal for such animals . |
| 2 | Where the plaintiff 's damage is the result of more than one cause , the but for test does not appear to provide an answer to causation problems . |
| 3 | The principle also applies where the plaintiff 's damage is a combination of the defendant 's negligence and medical treatment to which he was allergic . |
| 4 | In a default action where the plaintiff 's claim is amended by adding or substituting a claim which could not have been made in a default action , the action continues as if it had been commenced as a fixed date action ( Ord 15 , r 2(2) ) . |
| 5 | In Jacobs v Wessex Regional Health Authority [ 1984 ] CLY 2618 the respondents were ordered to pay the costs in any event where the plaintiff 's solicitors had written letters to them referring to the reasonableness of their request for discovery , the relevant authorities and the saving in public expense from voluntary discovery to a legally aided plaintiff . |
| 6 | Where a plaintiff 's claim arises out of a hire-purchase agreement , but is not for the delivery of goods , he shall in his particulars state in the following order : ( 1 ) the date of the agreement and the parties to it with the number of the agreement or sufficient particulars to enable the debtor to identify the agreement ; ( 2 ) where the plaintiff was not one of the original parties to the agreement , the means by which the rights and duties of the creditor under the agreement passed to him ; ( 3 ) whether the agreement is a regulated agreement and , if it is not a regulated agreement , the reason why ; ( 4 ) the place where the agreement was signed by the debtor ( if known ) ; ( 5 ) the goods let under the agreement ; ( 6 ) the amount of the total price ; ( 7 ) the paid-up sum ; ( 8 ) the amount ( if any ) claimed as being due and unpaid in respect of any instalment or instalments of the total price ; and ( 9 ) the nature and amount of any other claim and the circumstances in which it arises . |
| 7 | Suffering is used in this sense in s1 of the Administration of Justice Act 1982 which provides that where a plaintiff 's expectation of life has been reduced the court in awarding damages for pain and suffering shall take into account the suffering caused or likely to be caused by awareness that his expectation of life has been so reduced . |
| 8 | Where a plaintiff 's injuries have rendered him incapable of managing his affairs , Court of Protection fees are recoverable as an expense caused by the injuries ( see Kemp & Kemp , Vol 1 , para 5/008/11 ) . |
| 9 | Where a plaintiff 's injuries prevent him doing DIY work , which he had previously done , the extra cost of such work is recoverable as damages . |
| 10 | the measure of damages awarded to a plaintiff who was obliged to incur hire charges following a road traffic accident could include ( i ) the cost of hire of a car larger than the plaintiff 's own ( ii ) the cost of hire after completion of repairs pending receipt by the plaintiff from the defendant 's insurer of funds to meet the repairers bill . |
| 11 | This can be disadvantageous to the plaintiff if , for instance , the defendant 's report paints a gloomier picture than the plaintiff 's report . |
| 12 | That may be so ; but on the other hand , if the plaintiff 's contention is correct , the solicitor may abstain from delivering his bill for 20 years , and then at the end of that time he may deliver it and sue after the expiration of a month from its delivery . |
| 13 | If the plaintiff 's submissions of law are correct they may well never have to be resolved . |
| 14 | If the plaintiff 's alleged contributory negligence fails this test it is not necessary to go any further ( s. 1(1) ) . |
| 15 | If the plaintiff 's solicitor has to swear an affidavit of service he must specifically state that first class post was used , otherwise the court will presume it was second class post . |
| 16 | Also it seems that if the plaintiff 's first action is at risk of being struck out for want of prosecution , it is not an abuse of the process of the court to issue a second writ as there has been no disobedience of a peremptory order of the court ( Bailey v Bailey [ 1984 ] RTR 167 ) . |
| 17 | 4.32 If a plaintiff 's loss of wages has resulted in his getting an income tax rebate , the amount of the rebate must be taken into account against his loss of wages ( Hartley v Sandholme Iron Co [ 1975 ] QB 600 ) . |
| 18 | Subject to one very important exception , the English courts will not grant a Mareva injunction unless the plaintiff 's cause of action against the defendant is one which may properly be adjudicated upon in England . |
| 19 | There was no infringement here because the plaintiff 's and defendant 's articles were not exactly or substantially the same . |
| 20 | This point was developed in Traynor v Donovan [ 1978 ] CLY 2612 , where the court refused to make any reduction because the plaintiff 's injuries would have been just as severe , but of a different nature , if she had been wearing a seat belt . |
| 21 | The time limit for setting the action down for trial runs from close of pleadings so that it is possible to set the action down the day after the plaintiff 's solicitor sends off his list of documents . |
| 22 | We have seen that issues of causation and blameworthiness raise problems for the courts when deciding whether the plaintiff 's conduct was sufficiently serious to deserve a reduction in his entitlement to damages , or to deserve no damages at all . |
| 23 | The court will apply a test of whether the plaintiff 's rescue attempt was likely as a result of the breach of duty and whether the plaintiff acted reasonably . |
| 24 | Both of them treated the case as one in which there was an implied threat by the defendant to deprive the plaintiff 's clerk of his right to take extracts from the parish register for no charge ; and both appear to have concluded that , in the circumstances , although that threat was made before the plaintiff 's clerk obtained the extracts he needed , nevertheless it was causative of the payment which was therefore recoverable on the ground of compulsion . |
| 25 | The question of whether a plaintiff 's claim is time-barred by the Limitation Act does not fall to be considered until the point has been pleaded by the defendant , at which stage , if appropriate , the plaintiff may make an application for a direction under s33 ( Kennet v Brown [ 1988 ] 1 WLR 582 ) . |
| 26 | In De Martell , the plaintiff 's complaint is of negligence by medical staff when the plaintiff 's mother was in labour at the time of her delivery and his birth . |
| 27 | The defendant was held not liable for breach of statutory duty when the plaintiff 's sheep were swept overboard when not in pens . |
| 28 | When the plaintiff 's employee then chose to accept the delivery note and deliver the goods his conduct constituted an unconditional acceptance of the last counter-offer and the defendan t's terms were held to apply . |
| 29 | Application should be made for a split trial under Ord 33 , rr3 and 4 , under which liability can be tried first and quantum tried when the plaintiff 's medical or employment position , or any other doubt on quantum , has been clarified . |
| 30 | The defendants were held not liable for this injury , as the plaintiff 's unreasonable conduct broke the chain of causation . |