Moffat v Marconi Space and Defence Systems Ltd, 1975 SLT 62
Citation: Moffat v Marconi Space and Defence Systems Ltd, 1975 SLT 62
Link to case on WorldLII (reference).
Rule of thumb: How much evidence do you need to win a case? Is longer always better? In standard claims, no, longer is not better. Briefer with only the primary facts & the probative/secondary facts to come out in the trial if it gets that far is generally the best approach (this is just a general rule though).
Judgment:
The nature of accident at work cases is that it is for the defenders to argue what they should have done, and not the pursuers, ‘I also appreciate that in a case such as the present, the effect of the decision in Nimmo is that, apart from proving the fault and the cause of the fault, the less evidence the pursuer leads, the better chance she has of success’, Lord Maxwell
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.