Prima facie Definition

GLOSSARY

What does Prima facie mean?

At first sight, or on the face of it, or as it appears without investigation.

A case which is supported by prima facie evidence will nevertheless be dismissed unless the party bearing the legal burden of proof can discharge that burden by adducing appropriate evidence.

View the related checklists about Prima facie

The Service Regulation (recast)—defendant does not enter an appearance—checklist

The Service Regulation (recast)—defendant does not enter an appearance—checklist This Checklist considers the application of Article 22 of Regulation (EU) 2020/1784, Service Regulation (recast) which applies when a defendant has not entered an appearance in the proceedings. Where a defendant is served under the provisions in the Regulation (EU) 2020/1784, Service Regulation (recast) and does not enter an appearance in the proceedings, the provisions in Article 22 of Regulation (EU) 2020/1784, Service Regulation (recast) will apply. The table below sets out the different requirements set out in Article 22 together with comment and a link to the specific subsection. Requirement Comment Reference The defendant must have had sufficient time to defend the claim (Requirement 1) Judgment will not be given unless the requirements in Article 22(1) are met. It will need to be established that:—the document was served by the method prescribed by the internal law of the EU Member State addressee for the service of documents in domestic actions on the persons who are within the territory and...

Advocacy: applications to introduce hearsay—checklist

Advocacy: applications to introduce hearsay—checklist • Identify the hearsay statements sought to be relied upon • Identify the gateway(s) under which the statements are said to be admissible • Make submissions on the grounds for admissibility relevant to the appropriate gateway(s) • If an application is made under section 116 of the Criminal Justice Act 2003 (CJA 2003) (unavailable witness), ensure: ◦ the maker of the statement has been identified to the court’s satisfaction, and ◦ oral evidence by the unavailable witness would otherwise have been admissible (ie it is relevant) and ◦ the maker of the statement is dead, unfit, outside of the United Kingdom (and securing their attendance is not reasonably practicable), cannot be found, or is in fear • If the application is predicated upon a witness’s fear, then consider: ◦ what is the fear? what evidence is there? ◦ has the fear been caused (directly or indirectly) by the party making the application? This will defeat any application ◦ have potential special measures been discussed with...

Will interpretation—property passing on death

Will interpretation—property passing on death Rules relating to the construction of Wills have developed over many years and those surrounding the interpretation of dispositions were quite unclear due to the differing rules relating to personalty and realty. This was changed by the statutory effect of the Administration of Justice Act 1982 (AJA 1982). The case of Marley v Rawlings confirmed that the modern approach is to ascertain the testator’s intention from their words. While no longer as definitive as they were previously, many of the previous rules remain a helpful starting point. On the basis of the caselaw in this area, practitioners are advised to use only precedents that are in common usage and not to depart from them without careful consideration. References to property in a Will speak from the date of death A reference to real and/or personal property (for a discussion of real and personal estate, see Practice Note: Devolution of assets and the need for a grant) in a Will speaks from the...

Failure of gifts—ademption

Failure of gifts—ademption When applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative legacies. Classification of legacies The different types of legacies were explained in Walford v Walford as follows: 'Legacies are of three kinds: there is the specific legacy which is a specific res secured under the testator's Will on his death; and, of course it does not abate if the rest of the assets are insufficient for the payment of general legacies; but it has this disadvantage, that if the particular res which is the subject of the specific legacy disappears in the meantime then the legatee gets nothing. The class of legacy at the other extreme is a general legacy which comes out of the residence and which abates if the residue is insufficient, but which prima facie, under a rule of administration of the court, carries interest as from a year after the testator's death. There is an intermediate class of legacy, namely a demonstrative...

Discover our 649 Practice Notes on Prima facie

Guarantee and indemnity: single company guarantor—bilateral—all monies

Guarantee and indemnity: single company guarantor—bilateral—all monies This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year] Parties 1 [Insert name of Guarantor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Guarantor); and 2 [Insert name of Lender], of [insert address] (the Lender). BACKGROUND (A) The Lender has provided facilities to the Company (as defined below) under various financing arrangements. (B) It is a condition of the Lender making the facilities available to the Company that the Guarantor enter into this Deed in favour of the Lender. It is agreed as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed[, unless otherwise provided]: Business Day • means a day, other than a Saturday, Sunday or public holiday on which banks are open for business in London; Company • means [insert name of the borrower company to whom the Lender is making financing facilities available], a...

Assignment of contractual rights: single company assignor—bilateral—specific monies

Assignment of contractual rights: single company assignor—bilateral—specific monies This Deed is made on [insert day and month] 20[insert year] Parties 1 [insert name of Assignor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Assignor); and 2 [insert name of Lender] of [insert address] (the Lender). Recitals: (A) The Lender has agreed to make available a loan facility to the Assignor on the terms and conditions set out in the Facility Agreement (as defined below). (B) It is a condition precedent to the availability of the loan facility that the Assignor enter into this Deed for the purpose of providing security in favour of the Lender in respect of the Secured Obligations (as defined below). IT IS AGREED as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed, unless otherwise provided: Assigned Contracts • means the contracts specified in Schedule 1 (Assigned Contracts); Assigned Rights • means all of the present and...

Dive into our 39 Precedents related to Prima facie

Which costs rules apply to applications under Schedule 1 to the Children Act 1989?

Which costs rules apply to applications under Schedule 1 to the Children Act 1989? The usual rule as to costs under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.3 (ie generally no order as to costs save in exceptional circumstances) only applies to financial remedy proceedings (as confirmed in FPR 2010, PD 28A, para 4.2) and not, inter alia, to financial proceedings under Schedule 1 to the Children Act 1989. Schedule 1 proceedings are therefore subject to the costs rules set out in the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132. It is therefore open to the court to make a costs order in Schedule 1 proceedings, however the decision in KS v ND (Schedule 1: appeal: costs) indicates that some discretion may be applied. Mostyn J said (at para [19]): 'An open question since the promulgation of Pt 28 of the FPR 2010 on 6 April 2011 has been whether this principle of costs prima facie following the event has now...

Can a private company limited by shares carry out a rights issue?

Can a private company limited by shares carry out a rights issue? A rights issue is an offer of shares to existing shareholders of a company, which gives them the right to subscribe for additional shares in proportion to their existing shareholding in the shares of the company, eg, a right for each shareholder to subscribe for one new share for every five shares that they hold. The shares are usually offered to the existing shareholders by means of renounceable letters or other negotiable instruments. If a company wants to raise new capital through an issue of its ordinary shares for cash, it is prima facie obliged by section 561 of the Companies Act 2006 (CA 2006) to do so by means of a rights issue in favour of its existing shareholders. CA 2006, s 561 sets out statutory pre-emption rights and states that a company must not allot equity securities to a person on any terms unless: • it has made an offer to each holder of...

See the 173 Q&As about Prima facie

Indian Supreme Court clarifies circumstances in which a non-signatory may be joined in an arbitration (Ajay Madhusudan Patel v Jyotrindra S Patel)

Arbitration analysis: In deciding an application for the appointment of an arbitrator, the Indian Supreme Court provided helpful guidance as to the circumstances in which a non-signatory may be joined as a party to an arbitration. In the context of a multi-party dispute, the Supreme Court that the relationship of the non-signatory with one or more signatories as well as the participation of the non-signatory in the negotiation, performance and termination of the underlying contract were important factors that ought to be considered in order to determine whether the non-signatory had in fact consented to be a party to the arbitration agreement. The Supreme Court also held that in circumstances where issues of law and fact in making such a determination would likely be complex, the arbitral tribunal (and not the courts) should decide whether or not a non-signatory was in fact a party to the arbitration agreement. Written by Promod Nair, senior advocate at High Court of Karnataka.

PI & Clinical Negligence weekly highlights—3 October 2024

This week's edition of PI & Clinical Negligence weekly highlights includes news of the 173rd Practice Direction update coming into force on 8 October 2024, a case where the High Court dismissed a claim for damages for a road traffic accident caused by a large goods vehicle and news of the revision of the personal injury discount rate in Scotland and Northern Ireland. We also include our usual round up of other news and cases.

Read the latest 934 News articles on Prima facie

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