averment

Where such an averment is made, the owner may register on the basis of the most complete form in his or her possession.

Therefore the use of the so-called 'negative averment' was required.

Note the use of a 'negative averment' as at (B) 5 of this offence.

This suit was brought to recover the amount due thereon, without any averment in the pleadings as to the citizenship of the payees.

The plaintiff therefore has failed to make good her averment that she has an equitable estate in fee simple to the premises in controversy.

With respect to the form, particulars of claim must be divided into separate paragraphs and numbered consecutively with each averment appearing in a separate paragraph.

This led to the general adoption of assumpsit - proceeding originally upon a fictitious averment of a promise by the defendant - as a means of recovering debts.

Averment that the plaintiff married Ellen Nicholl, relying on the said promise and so married while his income as a Chancery barrister did not amount to 600 guineas per annum.

I should myself have been prepared so to read paragraphs 31 and 33 of the statement of claim as to shew an averment of negligence even when the averments of fraud are struck out.

Mine host and his Sunday guests, after an effort or two to support their consequence by noise and bold averment, sunk gradually under the authority of Mr. Campbell, who thus fairly possessed himself of the lead in the conversation.

Usually, this is unnecessary and the supporting affidavit can simply contain an averment that all information in the petition is correct and all relevant documentation in support of the information provided in the petition can be exhibited.

Since the DVLC at Swansea became responsible for driving licences the use of the negative averment for driving licences has ended but could still be used for certificates of insurance and test certificates etc.

In cases where the owner is unable to register on the basis of the most complete form because he or she lacks control over the most complete form, an averment of this fact must be made at Space 2 of Form MW.

The defendant then delivered his statement of defence, in which he was to say whether he admitted or denied the plaintiff's facts (every averment not traversed being taken to be admitted), and any additional facts and legal defences on which he relied.

The drafters of the new rules anticipated that, in the Condescendence, the pursuer would require to state briefly the facts relied on as causing the accident followed by the fairly bald averment that the accident was caused by fault and negligence of the defender.

Where a charge is defective for the want of an averment which is an essential ingredient of the relevant offence, the defect shall, unless brought to the notice of the court before judgment, be cured by evidence at the trial proving the matter which should have been averred.

Initially, the plaintiff need not prove anything; he may prima facie discharge the primary onus by the mere averment in the summons that the plaintiff is the holder of a liquid document bearing the defendant's signature or that of an authorised agent of the defendant.

Cleopatra continued the pro-Roman policies of her father and did not hesitate to have the murderers arrested and handed over in chains to Bibulus, because a simple averment of the queen not to be guilty of the crime would surely not have been enough for the mourning father.

In addition, the onus of proof at the trial is usually borne by the plaintiff, in terms of the rule that "he who makes the averment or asserts the claim must prove it," whereas during the provisional-sentence procedure the onus is on the defendant to satisfy the court that he will succeed in the principal case.

This benefit is also derived from the plaintiff at the uncle's request, if the promise of the annuity was intended as an inducement to the marriage; and the averment that the plaintiff, relying on the promise, married, is an averment that the promise was one inducement to the marriage.