Jason has brought a claim in negligence against his former e…

Jason has brought a claim in negligence against his former employer Vanguard Appliances Limited (“Vanguard”). Jason worked in Vanguard’s warehouse, stacking appliances onto trucks. During his employment, Jason was deliberately injured by another warehouseman, Vince, who drove a forklift truck into him, causing serious injuries to his leg and torso. Following a police investigation, Vince was prosecuted for assault in the Crown Court, was convicted, and was given a 2-year custodial sentence. Jason has been unable to work since the accident and has consequently brought this claim against Vanguard only, as Vince died shortly after receiving his custodial sentence. Which of the following correctly states the position in respect of the admissibility of Vince’s conviction and the use that the Court will make of it?        

Jane owns land and a warehouse next to neighbouring land whi…

Jane owns land and a warehouse next to neighbouring land which is owned by Clare. Clare has started building works on her land (“the works”) which are trespassing onto Jane’s land, blocking access to Jane’s warehouse, and causing disruption to Jane’s business. Yesterday, Jane realised that the extent of the works now means that goods vehicles can no longer gain access to her warehouse. This has resulted in a complete halt to Jane’s trade. Jane has instructed you to apply for an interim injunction to stop the works immediately and restore access to her warehouse in order for trade to continue. Jane asks for your advice as to the procedural steps she should take when making the application. What is the correct advice to give Jane in these circumstances?

Rodney has brought proceedings against Joshua, claiming dama…

Rodney has brought proceedings against Joshua, claiming damages in tort for nuisance. The claim arises out of events that occurred a year ago when noise and unpleasant smells began emanating from the premises adjacent to Rodney’s. The premises were a freehold property alleged in the particulars of claim to be owned and occupied by Joshua.  Joshua has filed a defence denying that he caused the nuisance and stating that he had sold the freehold in the property to Ashley 18 months ago. He also stated that Ashley was both the freehold owner and the occupier of the property at the relevant time. Enquiries made by Rodney’s solicitors have confirmed that Joshua’s defence is correct.  What is the best advice to give Rodney about the next step he should take in the proceedings?