This morning the Judge in Pullano v Hinder told the jury he should not have allowed counsel for both parties to give a range for the sums to be awarded in damages.
This is true for Pullano (who is claiming damages for pain and suffering etc) and Hinder (who is claiming damages for defamation).
Mr Justice McCarthy tells the jury:
“Your trial judge made a mistake. (Counsel are) entitled to give ranges for general damages but are not entitled to give ranges for aggravated, punitive, exemplary and defamation damages. It was entirely my fault.”
Pullano’s lawyer, William Reid, again raises the issue of battery.
The Judge has not instructed the jury on the law of battery which is the charge they have to consider.
Personally, I think this is a very big issue.
Jurors need to know what constitutes the tort of battery.
And they've not been told.