Evidence - “getting it right”

A witness statement is the most important document to be placed before the court. It should contain all the relevant facts which the witness wishes the Judge to consider and which supports and explains the claim he is making or defending. Unfortunately, no-one drafts a witness statement with a pen in one hand and a crystal ball in the other! So, whilst it is possible to envisage the kind of questions which might be raised in cross-examination no lawyer can predict all the issues which may be raised when the witness evidence is tested.

Personal Injury - disclosing medical records

This article examines a recent court case which considered the issues surrounding disclosure of medical records in personal injury cases. The case, OCS Group Ltd. v Wells [2008], which went to court earlier this year, considered whether Claimants’ medical records should be disclosed to the Defendants before court proceedings are issued.

New Part 36 - more advantageous to Defendants?

Part 36 of the Civil Procedure Rules was changed on 6 April 2007. As well as abolishing the need to make payments into court, the circumstances in which the Claimant would face costs consequences also altered.

Climbing the ladder

Did you think that your employees needed training to use a ladder? Apparently so. The recent case of Gower-Smith v Hampshire CC, a County Court decision this year considered this issue in connection with an employers’ responsibilities under the provision and Use of Work Equipment Regulations 1998.

How high is a hazard?

The recent case of Craner v Dorset County Council, considered the evidential burden in a tripping claim. The claimant worked as a handyman and caretaker at a school. In August 2003, he was pushing a wheeled trolley along a paved area. The trolley contacted a raised slab and came to an abrupt halt. The claimant's right knee struck the trolley and he suffered an immediate injury. The claimant had two operations to his right knee. He commenced proceedings against the authority, asserting that it had either failed to keep the paved area of the workplace free from obstruction within reg 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992, and/or that it had provided him with an unsuitable trolley within reg 4 of the Provision and Use of Work Equipment Regulations 1998.