This was an application against an order made in the County Court dismissing the claimant's claim and directing that judgment be entered for the defendants.

The claimant alleged that she had been injured when she fell after catching her foot against a raised flagstone in her back garden. She claimed that by failing to repair the flagstone despite several requests to them to do so, the defendants, who were her landlords, had failed to discharge their statutory duty under the Defective Premises Act 1957.

In the documents before the court at trial there were a number of different accounts of how the accident occurred. Following submission of claimant's evidence counsel for the defendant submitted that there was no case to answer. The trial judge agreed and directed that judgment be entered in the respondent's favour without hearing the defendant's evidence. Instead, the trial judge held that given the varying explanations of the circumstances regarding the fall that the claimant had advanced the court could not possibly find on the balance of probabilities that the accident happened in the way she now described.

The issues at appeal where: 1) whether the Court of Appeal had jurisdiction to hear the appeal; and 2) whether the trial judge was guilty of a serious procedural irregularity in failing to put the defendant to its election before being willing to entertain its submission that there was no case to answer; and 3) whether or not the trial judge had applied the wrong standard of proof when dismissing the claim.