Festive Season a Legal Minefield for Old Saint Nic!!

Christmas is a particularly busy time for litigators.  One recent case has thrown up a number of interesting legal issues.

The first problem in the case was the necessity of getting the court’s permission to serve proceedings out of the jurisdiction.  The Defendant gives his business address as the North Pole.  There is evidence to support the suggestion that he carries out business activities in the UK.  Theoretically the Claim Form could have been left at one of these locations.  However the process server said that attaching the court documents to the top of a chimney breached the Health and Safety at Work Act 1974.  Ironically the Defendant himself is likely to be in breach of the European Working at Height Directive (2001/45/EC).

There was also the issue of pre action disclosure.  The Defendant admits making a list and even asserts that he makes sure he checks it twice. However there is still an obligation on him to make sure of its accuracy especially as it contains sensitive personal information (for example whether the data subject is “naughty or nice”).  A request under S.7 of the Data Protection Act 1998 should ensure that he is complying with the necessary protocols.

The key claim is one for trespass.  The Defendant readily admits entering a building but claims he was acting with implied consent.  However as a mince pie went missing this would amount to at least the tort of conversion of goods and so would be beyond the scope of any implied invitation.  Indeed it may even amount to an intention to steal and convert the Defendant’s actions to an offence of burglary under S.9 of the Theft Act.

The Defendant has raised the issue of a counterclaim under the Occupiers Liability Act 1957 due to an injury caused when he tripped over a log left in a fireplace.  Even if he is found to be a trespasser he might still have a claim under the 1984 Act.  However there is evidence to suggest that the defendant had consumed a quantity of sherry.  This would arguably raise issues of intoxication and so there may be issues under the Law Reform (Contributory Negligence) Act 1945.

For more information regarding litigation matters or if you are, in fact, a certain Mr S Clause of the North Pole and would like some legal advice, please email Alan Robertshaw of our Dispute Resolution Team.