test case

A single claim brought before a court to ascertain whether it is viable to bring other claims of the same nature or with similar facts. Test cases in civil proceedings test a principle of law, in order to obtain a judicial determination of the principle on a specific set of facts; the case however is brought with a view to apply that principle to other cases of a similar description. For instance, HMRC may bring a test case on a particular point of law in a court claim, with a view to applying the principle to a wider set of cases - and defendants.

Conversely, a number of claimants may have very similar claims. A test case may be commenced by any one of them. If a favourable outcome is obtained in the judgment of the court claim, the other potential claimants may well be able to settle the proceedings without resort to legal proceedings in their own names.  For example, a group of miners may have suffered lung damage as a result of the workplace within which they were employed, each of which may be a cause of action against the employer. 

Usage: A test case for liability of the insurer was successful, which led to numerous other claims being brought.

Related Words: litigation; claimant; defendant; particulars of claim; defence: litigation; group litigation; final hearing.