A person must have regard both to the probability of harm resulting from his actions1 and to the probable seriousness of the harm2. His knowledge of the probabilities must be judged in the light of the evidence available at the time and not with the benefit of hindsight3. He may weigh the cost and difficulty of the precautions necessary to prevent the harm resulting4. The actual resources available to the particular defendant are not generally relevant5. The court may take into account the importance of the activity in which the defendant is engaged6, and must have regard to whether
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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