PERSONAL INJURY POINTS 8: “VOLUNTEERS ARE NOT LOOKING TO BE SUED THEY ARE LOOKING TO HELP OTHERS”: SOCIAL ACTION, RESPONSIBILITY AND HEROISM ACT CONSIDERED
There are several pieces of legislation that now have to be considered when a court is considering liability in the context of the defendant being involved in voluntary or similar activity. The Social Action, Responsibility and Heroism Act 2015 has…
THE CURRENT IMPORTANCE OF PLEADINGS 17: WHAT DOES THE WORD “PORNOGRAPHY” MEAN WHEN INCLUDED IN A PLEADING? COURT OF APPEAL CONSIDERS THE ISSUE TODAY
This series has taken an unexpected turn. I didn’t expert to be writing about a Court of Appeal decision that considered the precise pleaded meaning of the word “pornography”, but that is precisely what we are doing here. A decision…
WHICH EXPERT WITNESS IS GOING TO BE PREFERRED? ONE EXPERT TOOK AN “UNREALISTIC APPROACH”
Knowing the reasons why a judge may prefer the evidence of one expert over another is an important part of a litigator’s skill. Each case is, of course, fact specific, but there are clear trends that can be discerned. Here…
WHAT ARE THE CONSEQUENCES WHEN A WITNESS BREAKS THE “PURDAH” RULES? THE ISSUES CONSIDERED IN THE HIGH COURT
The “purdah” rule – that a witness cannot discuss the case and their evidence with others, including their legal team, once they have started giving evidence is of utmost significance. Here we are looking at a case where a witness…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO HAD PURSUED A “HOPELESS” CASE: ATTEMPTS TO RELY ON PRIVILEGE WERE A RESORT TO A MERE “FIG LEAF”
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
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