Prima facie
| Literal meaning | At first sight |
|---|---|
| Pronunciation | PREE-ma FAY-shee |
A matter that appears to be established on first look, unless it is disproved. A prima facie case is enough to make the other side answer.
Example
A person shows a signed promissory note. Prima facie the debt is proved, and the debtor must show why it is not due.
Case laws
- American Cyanamid Co. v. Ethicon Ltd. (1975), House of Lords: to get an interim injunction the claimant must show a serious question to be tried.
Statutory link
Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908: a temporary injunction needs a prima facie case, a balance of convenience and irreparable injury.
Exam tip
Asked with the three tests for temporary injunctions.
Memory trick
First look, enough to proceed.
Key takeaway
A prima facie case is a case good enough on first look to need an answer.
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