Intermediary served no useful role in personal injury case involving a vulnerable claimant (Morrow v Shrewsbury Rugby Union Football Club)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Personal Injury analysis: It is well-established that a court has an inherent power to lay down ‘ground rules’ before a vulnerable witness is to give evidence in order to determine any directions required to ensure best evidence, the questions to be asked by the advocates and any other necessary modifications of the court’s procedures. One of the special measures available is for the witness to be supported by an intermediary to assist them to understand questions and communicate answers. In this case the court had strong reservations about whether ground rules were necessary and, after the hearing, concluded the intermediary did nothing that could not have been done by counsel and solicitors or by the court in the exercise of its wide discretion to control proceedings. Written by Emily Formby, barrister, at 39 Essex Chambers.