Example sentences of "where [art] plaintiff is " in BNC.
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| 1 | There are several reasons for this extension but the most important in the case of the declaration is that , being a non-coercive remedy ( which means that failure to comply with a declaration does not amount to a contempt of court ) , it is available against the Crown ; and it is very useful in other situations where the seeking of a coercive remedy might be thought unnecessarily aggressive , and where the plaintiff is confident that the defendant will do the right thing once a court says what it is . |
| 2 | This could well be a significant development , since where the plaintiff is a market counterparty on the wrong side of an insider deal , that party would probably have greater resources , increased access to the relevant information , and more of an incentive to bring an action . |
| 3 | But in considering the privilege against self-incrimination it is difficult to see any logical distinction between an order for discovery and disclosure where the defendant has stolen the plaintiff 's property and an order for discovery and disclosure where the plaintiff is seeking damages for fraud in dealings by the defendant with the property or moneys of the plaintiff . |
| 4 | Where the plaintiff is contributorily negligent , the apportionment provisions of the Law Reform ( Contributory Negligence ) Act 1945 will apply . |
| 5 | Damages may be denied even where the plaintiff is able to establish a factual link between the breach of duty and his damage . |
| 6 | Where the plaintiff is an adult , then knowledge of the risk accompanied by entry on the land will render the plaintiff volenti ( Titchener v British Railways Board [ 1983 ] 3 All ER 770 ) . |
| 7 | Where the plaintiff is unable to establish what the cause of his injuries was , then the action will fail . |
| 8 | Form N9 ( combined admission , defence and counterclaim ) continues to be used where the plaintiff is under disability , in unliquidated cases etc . |
| 9 | The admissions direct procedure does not apply , where the plaintiff is under disability ( summons issued in Form N1D ) , to unliquidated claims ( issued in Form N2 ) , to Admiralty cases , or to part admissions ( Ord 9 , r 2(5) ) . |
| 10 | 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 . |
| 11 | Where the plaintiff is paralysed , valuable advice and evidence as to appliances and nursing and other assistance can be obtained by contacting the Spinal Injuries Association of 5 Crowndale Road , London NW1 . |
| 12 | Where the plaintiff is under a disability , he can not accept a payment into court without approval under RSC Ord 80 , r11 or CCR Ord 10 , r10 which is likely to take place later than the time limited for accepting the payment in . |