Judicial Precedents are examples from the past, showing how Judges have interpreted and applied the law in similar circumstances. To make sure the law is applied consistently, judges are required to consider relevant examples – or precedents – when making their own Judgements.

So lawyers will search the legal archives looking for previous cases, that they can use as examples to persuade the Judge to rule in their client’s favour. The Judge will be asked to consider, and perhaps reconcile, different interpretations of the Law, or technical arguments found in precedents drawn to their attention.

At the end of the Trail, if the case goes that far, the Judge will produce a Written Judgement reviewing the evidence and arguments presented to them, and explaining how they reached their judgement. Their analyse and interpretation the Law will provide a new precedent, or example that other lawyers can use in future.

What happened?

On 3 January 2018, a local bus crashed into and demolished a bus shelter on Flemming Way, when the driver lost control as they prepared to move away from the stop. More by luck than judgement, nobody was killed or seriously injured – but the incident provides a useful case study to explore how Product Liability Law works.

By chance I was working in Swindon on the day of the accident – which occurred at the end of the evening rush hour. Walking back to my hotel after delivering a Product Liability Training Course, I arrived on the scene as the recovery crews were starting work. So, as a ‘curious onlooker’, with no role in the investigation – let me share my thoughts with you.

When do you need an expert?

If you are involved in a dispute that can not be settled quickly by negotiation, you may be forced to contemplate ‘Legal Action’ – perhaps to obtain compensation or enforce an agreement or contract with your supplier or client. Although you may be convinced that you have a ‘strong case’ based on the ‘known facts’, rushing into Legal Action should be avoided – because the process may prove very time consuming and expensive while causing irreparable damage to your business and personal relationships.

If however, you are contemplating or involved in legal action, you will need to obtain advice from a qualified solicitor who will explain the legal process, and advise you how to proceed. (more…)