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Strange but true

01 July 2010 / Dominic Regan
Issue: 7424 / Categories: Blogs
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Dominic Regan casts a wry eye over some interesting cases...

Be honest. What would you do if you were having problems with your neighbour? Kill them? Of course, which is what the defendant in Martin v Sherwood [1995] tried to do. His attempt to mow down the claimant only caused her £500 of injury for which she sued. The defendant then filed a remarkable defence asserting that she had sought to commit suicide by jumping in front of his vehicle. Even the Court of Appeal could see that this defence was a tad unreasonable and so awarded costs in a small claim as it is entitled to do where there is unreasonable conduct-CPR 27.14.

Another exotic defence was put forward in Ferguson v British Gas [2009] EWCA Civ 46. The claimant was bombarded with gas bills by the defendant for supplies she had never had from them. Eventually the claimant brought proceedings for harassment under the 1997 Protection From Harassment Act. Particularly handy here is a six-year limitation period and the ability to recover damages

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Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
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Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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