Unlike in the criminal courts, submissions of no case to answer in civil proceedings are as rare as hen's teeth. I would hazard a guess that the number of people reading this article has argued such a submission would fall into single digits.
As is well known the statutory provisions allowing for the appointment of an intermediary to assist a defendant in a criminal trial are still not in force.
The claim arose out of the Claimant's employment at a factory concerned with the smelting, rolling and extrusion of aluminium.
The question of a litigant's capacity is unproblematic in the vast majority of claims. There is, of course, a presumption of capacity.
If, as a cause of the negligence of the Defendant, a Claimant is unable to have children of her own, should the cost of commercial surrogacy from California be recoverable in damages?
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