Certain things stick in your mind – for me it is injustices.
One example was when an elderly lady was trying to legally evict tenants from her bungalow so she could move in now her house was too big. The tenant resisted arguing that the elderly lady could afford to buy a new bungalow but the tenant could not afford the moving fees. The client advised the court and opponent that she was taking her entire extended family to a remote Greek isle for her birthday so kindly avoid these dates. On the day the client left, the tenant issued an application for production of financial details, and the Judge found that the client was at fault for not leaving a telephone number, notwithstanding the fact that all extended family were on the remote Greek isle so nothing could be done. The judge failed to find anything suspicious in the tenant’s actions. Truly an injustice.
A further example was when a head cleaner whilst walking up the office stairs noted there was a banana skin on the stairs but as her hands were full, she made a mental note of it and intended to pick up the banana skin on her way back down. Yes, you’ve guessed it – she fell on her way down on the aforementioned banana skin! And then pursued a claim for damages and at the trial on liability won, notwithstanding she was in charge of operating the inspection regime and the fact that by her own admission, she had already seen the danger. At the appeal, the Judge stated he would not have found for the Claimant, but could see why the DJ did, and so the appeal was dismissed. What an injustice to common sense.
So, why this blog? My teenage son came in today in a mood. He had forgotten his money for the gym and it was our fault. Why? His mum had asked if he had everything before he left including money – yes mum! It was our fault because I was at work, and his mum was driving so couldn’t answer the phone when he called wanting us to drive to the gym and give him some money that he should have already had. Of course. So, the logic of a teenager appears to be that of a Judge.
So in order to outwit a Judge, think like a teenager.