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What is the role of the Council of Ministers? What powers does it have?
February 22, 2018
SAM Business Systems LTD v Hedley and Company  1. In para 46 of the Judge Bowsher’s judgement a reference is made to a case being decided “per incuriam”. How would counsel make an argument on this point? 2. In paras 129 and 159 of the judgement reference is made to the disclosure procedure. What role does the trial judge play in this procedure both generally and in this particular trial? 3. Do you agree with the way in which Judge Bowsher assesses the reasonableness of the excluding and limiting terms in the contractual arrangements discussed in the case?
How should the jury be directed in respect of the ‘objective’ element of the defence of provocation?