WRITTEN SUBMISSIONS: STATEMENTS OF ISSUES; PLEADING AND PROOF

Civil Litigation Brief

The decision of Mr Justice Walker in Burrows -v- Northumbrian Walker Ltd [2014] EWHC 3305(QB) considers the need for clarity in written submission and for the issues the judge is asked to determine to be clearly defined. It also considers whether a judge can properly consider the “reasonably practicable” defence in circumstances where that defence is not properly pleaded.

THE FACTS

The claimant was injured when falling on ice having got out of a company vehicle and walked along an access road. He failed at trial but appealed on the ground that the judge failed to consider properly Regulation 12 of the Workplace Regulations.

THE CLARITY OF THE ARGUMENT

The judge was critical of the manner in which the case had been presented.

A2. The issues below, and the judgment

  1. This was a case where the complexity of actual or potential issues and sub-issues plainly called for steps to be taken by…

View original post 2,418 more words

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: