Submitting 'no case to answer' in civil trials: election requirement, evidential tests, and Court of Appeal guidance (England and Wales)
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Practice notes
This Practice Note sets out what it means when a defendant submits there is no case to answer. It is only in the most exceptional instances that a defendant advancing such a submission will not be put to its election—the election being that it may proceed, but only on the footing that, if the submission fails, it cannot adduce any evidence of its own. The evidential tests that apply, whether or not the defendant is put to its election, are identified.
A submission of ‘no case’ to answer
At trial, a defendant may opt to submit ‘no case’ once the claimant confirms its case is closed, and before the defendant calls any evidence. This point is sometimes termed the ‘halfway stage’ of the trial. Such a course is taken only where the defendant is highly confident the claimant has not placed before the court sufficient material to establish an ostensible case that calls for an answer. Where the defendant makes a ‘no evidence’ election, the court will then determine, on the balance of probabilities, whether to dismiss the claim...
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Web page updated on 21/05/2026
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