PLEADINGS: ARE THEY STILL IMPORTANT? THREE RECENT CASES REVIEWED

There has yet to be a definitive review of the principles relating to pleadings under the Civil Procedure Rules.  Here we look at some recent cases where the Court of Appeal has considered the importance of pleadings. Skrzynski –v- Metropolitan…

STRIKING OUT FOR ABUSE OF PROCESS: THE NEED TO ADVISE CLIENTS TO PRESERVE EVIDENCE

An action can be struck out if a party fails to preserve evidence.    Matthews –v- Collins  is a fatal case where evidence was destroyed by the coroner . The defendant applied to strike out the action as an abuse of…

WITNESS STATEMENTS IN A SPECIFIC CONTEXT: ACCIDENTS AT WORK AFTER 1st OCTOBER 2013

A fundamental change in the law relating to breach of statutory duties and civil liability means that greater consideration will need to be given to drafting witness statements.   I have prepared an article on this at http://accidentsatworkaftertheerra.wordpress.com/2013/09/30/witness-statements-and-workplace-accidents-after-the-1st-october-2013/ Some of the…