Chapter 17 Case study questions

Case study questions: Andrew James Pike and Deep Builders Limited

Disclosure and inspection have now taken place. The only documents you have received from the defendant are the costs of repairs to the truck and the cost of the damaged materials. You have disclosed all Andrew Pike's receipts in relation to his special damages claim along with his hospital and GP notes. The defendant is still denying liability, causation, and quantum.

Question 1
Consider what points you will have to prove at trial.

Question 2
If the defendant's legal representatives refuse to accept any of your points, how will you prove those points and what steps will you have to take prior to trial?

Exchange of witness statements has now taken place. You act for Andrew Pike and exchanged only one witness statement - that of Andrew Pike based on his original proof of evidence. The defendant exchanged a witness statement of John Deep, denying that he was responsible for the accident. They also disclosed a witness statement of Raquel Hake along with a Hearsay notice.

Question 3
Consider how you would respond to this Notice and consider the weight of Raquel Hake’s evidence at trial. What are the possible lines of attack on her evidence?

Question 4
What options do you have? Prepare any documentation that you think may be necessary to carry out the step/s you have set out.

Case Study question: Bollingtons Ltd v Mrs Elizabeth Lynch t/a The Honest Lawyer

Question 1

In Mrs Lynch’s witness statement prepared for trial, she mentions the fact that many of the guests at the party had tasted the beer and had commented to her on how disgusting it was.

Is this hearsay evidence?

Would it be necessary to obtain statements from the guests, and if you were to do so, would the court allow you to rely on them at trial?