header-logo header-logo

Strange but true

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

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll