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The Right of Cross-Examination of an Adverse Party : When is a Party an Adverse Party to Another Party?

Sections 137 and 138 of the Evidence Act 1950 provide for “cross-examination” of a witness by “the adverse party”. These sections and other relevant sections of the Act apply to both criminal and civil cases.

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MONTGOMERY and BOLAM: The Changes

In 1954 John Hector Bolam who was suffering from mental illness was advised to undergo electro-convulsive therapy. He signed a consent form but was not advised of a one in 10,000 risk of fractures. No relaxant drugs were given and no manual control, save for support of his lower jaw was used. A male nurse had stood on each side of the treatment couch. In the course of his treatment Bolam suffered dislocation of both hips and fractures of the pelvis on both sides.

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Medical Malpractice: Preliminary Matters for Intending Claimants to Consider

An intending claimant in medical malpractice would usually be confronted by the following matters early on access to lawyers, access to litigation funding, access to medical records, access to experts, limitation periods for claims, the need to prove fault and quantum.

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