Negligence AO3

Question 1

What are the limitations of civil cases?

Answer 1

• They are expensive to bring in as solicitors and barristers charge hundreds of pounds an hour.
• The claimant can’t get legal aid for personal injury cases.
• The claimant has to fund the case themselves or use a no-win no-fee firm.
• However, no-win no-fee firms take a large percentage of any winnings.

Question 2

What are the limitations of a claimant bringing a case against a big company?

Answer 2

• The claimant is in a weaker position as a big company is likely to have a stronger legal team and more money.
• Therefore there is ‘inequality of arms’ and it could be argued that there is a breach of the claimant’s ECHR Article 6 rights.

Question 3

What is a strength of the law developing?

Answer 3

• Robinson states that the Caparo test no longer has to be used unless there is no existing duty of care.
• If there is an existing duty of care it saves time not having to go through the 3 stages of the Caparo test.

Question 4

What are the strengths of Robinson stating that is is fair, just and reasonable to impose a duty of care on the police?

Answer 4

• The police no longer have blanket immunity from being sued.
• Protects the public and ensures the police take greater care performing their job.

Question 5

What is a limitation of Robinson stating that is is fair, just and reasonable to impose a duty of care on the police?

Answer 5

It may prevent the police from fully investigating cases if they think they will be sued.

Question 6

What are the limitations of there being conflicting cases when deciding proximity?

Answer 6

• Makes it difficult to predict whether the judge will decide there was proximity or not.
• A lack of certainty means that justice may not be achieved.

Question 7

What are the strengths of there being conflicting cases when deciding proximity?

Answer 7

• Allows flexibility.
• The claimant’s case is decided on a case by case basis.

Question 8

What is a limitation of Nettleship stating that it is unfair to judge a learner driver as an experienced driver?

Answer 8

• Driving causes many collisions and could result in serious injury or death, thus the law must expect high standards.