header-logo header-logo

01 July 2010 / Professor Dominic Regan
Issue: 7424 / Categories: Blogs
printer mail-detail

Strange but true

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll