JSB171 Lecture Notes - Lecture 1: Cross-Examination, Obiter Dictum, Escort Agency
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= after the close of the crown case. Leave given where: breach of browne v dunn, prove pis, formally prove a matter that cannot be denied, defendant has the burden of proof, crown/plaintiff could not foresee issue. = where r couldn t have reasonably foreseen the case raised by the defence: shaw: depends on whether the evidence will constitute splitting a case : goldsmith and. Sandilines (mva in same car negligent party attempting to show that injury sustained from indoor cricket said that picked him up from cricket) Not reasonably foreseeable r may reopen: dawes (writing valueless cheques that bounced . Def: made notations on cheque butts that partly to repay loan | said notations made at same time . R: notations in different ink = made afterwards allowed not foreseeable that such claims would be made with his cheque butts)
