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ADVOCACY SUMMATIVE ESSAY – WRITTEN SUBMISSION IN THE COURT OF APPEAL (Civil Division) B E T W E E N: IGNITE FIREWORKS PLC V. JILL HILL ———————————————————————————————— ADVOCACY SUMMATIVE ESSAY – WRITTEN SUBMISSION 67% ———————————————————————————————— 1. SUMMARY OF FACTS Jack and Jill Hill was a married couple but have had marital problems. After months of disagreement Jack moved out of the family home in July 2014 and into a rented accommodation. Jack maintained his job at Ignite Fireworks PLC. On 03/10/2014 due to an electrical fault at Ignite Fireworks PLC a number of fireworks in containers detonated resulting in an explosion. Jack who was completing a nightshift was trapped in the premises. Mr Spratt the site manager raised the alarms, contacted emergency services and contacted Jill who was still Jack’s emergency contact. Jill initially assumed that Jack was involved in a minor incident. Arriving on scene at 7am, she witnessed numerous fire engines and ambulances. At the emergency triage area Jack had received emergency treated and was covered by a blanket, only his singed hair, blackened face, burnt hand and a tube inserted into his throat was visible. Witnessing this cause Jill to break down and weep and shake uncontrollably. Jack was transferred to Midlands Hospital where he stabilised. Jill remained at his side for the entire week before he was discharged and returned to his family home. Subsequently Jill brought about a claim for negligently inflicted psychiatric harm as she displayed Post-traumatic stress disorder and suffered frequent flash backs of the scene. The Trial Judge Lean found the following facts, (i) Jill had suffered a medically recognised psychiatric disorder from nervous shock, (ii) When Jill first saw Jack, he was in a controlled state and was not being treated, (iii) Jack and Jill subsequently divorced. Judge Lean found that Jill could recover as secondary victim on the grounds that, as spouse it was clear that she had a close tie of love and affection with Jack and arriving at the factory Jill had witnessed the immediate aftermath and was therefore proximate to the accident in time and space. The case is being appealed by Ignite Fireworks PLC in the court of appeal. 2. GROUND OF APPEAL As there was a two and a half hour time delay between the time of the accident and Jill seeing Jack, having been treated and in a controlled state, it cannot be said that Jill had witnessed the immediate aftermath of the accident. 3. APPELLANT OUTCOME The appeal to succeed. 4. RESPONDENT OUTCOME The appeal to be dismissed. Problem Question: Shirley is married to Arnold. One day, Arnold slaps Shirley around the head causing deafness and bruising. A few days later he pushes her against a hot oven causing a burn to her forearm and a cut to her hand. The same night he cuts off a substantial portion of her hair following an argument. The following week Arnold says that unless Shirley can get him £1000, the sum of money he owes to Cliff, he will break both her legs. The violence has worn down Shirley’s resistance. She becomes depressed, anxious and fearful. Hardly aware of what she is doing, and experiencing intermittent spells of dizziness for which she takes medication, Shirley goes to a designer shop and grabs several expensive leather handbags from an assistant which she sells to passers-by outside a market in another part of town. She receives only £600 and knows that Arnold will be extremely angry that she has not found the full £1000. She therefore decides to borrow some money from the cash till in the shop where she works. Unfortunately, she can only find £100 which she plans to return after the next payday. She is, in fact, owed £200 in unpaid wages. At home she explains her actions to Arnold whereupon he picks up a hot iron. In the belief that this is a threatening gesture, Shirley picks up a knife and slashes Arnold’s forearm many times. He shouts that he was merely going to iron a dress for her to wear that evening. What are the potential criminal liabilities of Shirley and Arnold?