Joseph seeks your advice in relation to a claim which he wis…

Joseph seeks your advice in relation to a claim which he wishes to bring against Ben, who lives in the adjoining property. Ben recently demolished the fence which divides their rear gardens. Yesterday, Ben started to replace it with a taller one which encroaches onto Joseph’s garden. Joseph has asked both Ben and the builders to stop, however, they have ignored his request. The builders tell him that the work is progressing, and they will complete the fence in the next three days. If Ben continues to erect the fence in the same position, several of Joseph’s fruit trees will have to be removed and his plants will be deprived of light. It is clear that Ben will not stop unless a court order is obtained. The exact position of the boundary is difficult to ascertain from the filed plans. Ben is relying on a document from 1921 which suggests that the boundary is in line with the fence he is currently erecting. However, this document is inconsistent with more recent ones, which show the boundary to be in the position of the demolished fence. Joseph wishes to make an application for an interim injunction to stop Ben continuing to erect the fence. Should Joseph give Ben notice of the application and does he need to serve the supporting evidence?

You have been briefed on behalf of Douglas, the Defendant, t…

You have been briefed on behalf of Douglas, the Defendant, to appear at trial in the County Court in a claim brought by Carol. The Judge decides the entirety of the claim in favour of Carol and gives judgment for £20,000. When giving judgment, the Judge commented unfavourably on Carol’s unreasonable failure to respond to an invitation to consider ADR (Alternative Dispute Resolution) before proceedings had commenced. In your submissions on costs, you bring to the Judge’s attention a without prejudice offer to settle made by Douglas the week before trial, with an express reservation of the right to refer to the letter on the issue of costs should the claim proceed to judgment. In deciding what order to make in relation to costs, which of the following best describes the particular circumstances to which the Court will have regard on these facts?

A 55 year old female recreational tennis player arrives for…

A 55 year old female recreational tennis player arrives for a clinical appointment with a complaint of calf pain. She cannot recall a mechanism of injury. She reports having had a total knee replacement 9 months ago. You see that her entire lower leg is swollen. She has pitting edema and she is tender along her deep veins. This give her a score of ________ on the Wells clinical prediction rule.