HHJ Simon Brown returns to the fast track & a stand-off…
Claimant’s counsel made no opening. Instead we heard the claimant who was cross- examined for an hour or so about precisely where the accident occurred on the path, his prior complaints about the path and his special damages claim for care of £250. A neighbour was then called; he stated for the first time under cross-examination that his former wife had also slipped on the path and he had complained about it. Of the other two witnesses for the claimant; one was too old and infirm to attend court and the other had died having filled in a witness questionnaire.
The defendant
The defendant did not call any evidence but sought through argument, without serving any civil evidence act notices, to rely upon two letters in the trial bundle from a council official as evidence of no complaints being made prior to the accident. The letters did however reveal that the council accepted the path was a highway maintainable at public expense as they had repaired it
