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- MAZUR MATTERS 11: WHAT IS MEANT BY "THE CONDUCT OF LITIGATION" 2: WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS
- EXPERT WATCH 17: A DETAILED CONSIDERATION BY THE HIGH COURT OF WHEN EXPERT EVIDENCE IS PERMITTED OR "REASONABLY REQUIRED": COMPLIANCE WITH THE RULES IS VERY IMPORTANT HERE
- SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)
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- WITNESS STATEMENTS: GUIDANCE FOR THOSE WHO TAKE THEM AND THOSE WHO SUPERVISE THEM: WEBINAR 15th OCTOBER 2025
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How on earth was permission to appeal granted? Or was this, in fact, the permission stage?
Although the outcome is sensible, some of the judge’s reasons appear to me to be unsound and circular. Why should a right to refuse assistance exist at home but not at a police station or in a hospital? The use of “implied consent” here seems to be unnecessary and would have been contradicted by any active resistance, which I think is likely to have existed. It is possibly based on the argument that most reasonable people would consent in such circumstances. But this contradicts the right to make unusual decisions and take risks. The police had a duty of care towards Ms Pyle. Changing her vomit-soaked clothing, at a time when she was unable both to do so and to make an informed decision herself, discharged that duty in a reasonable manner even though it might not have been strictly necessary. IANAL.