What is the test for obtaining a conditional discharge in a personal injury case?

The above was quoted by the trial judge in his decision and, additionally, the judge relied on a statement of Lord Justice Willmer in Seldon v. Davidson (1968) 2 All E.R. 755, where he stated, at page 757: The way I look at it is this. Payment of the money having been admitted, prima facie that payment imported an obligation to repay in the absence of any circumstances tending to show anything in the nature of a presumption of advancement. .......... In cases such as this I am satisfied that the party having received the money must clearly show that both parties knew and intended that the monies not be repaid. It is very easy in cases such as this for a boyfriend or girlfriend to assert that monies received during a relationship were gifts and not loans. A person may be being generous by providing a loan to someone who may have difficulty obtaining a loan from another source.