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SCHOFIELD, Appellant Dol  Form

SCHOFIELD, Appellant Dol Form

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Excuse me [Applause] yes um I deal firstly with the um alleged agreed fact um my lords um perhaps the Striking um observation that can be made about um this allegation uh is that it was raised for the first time in the grounds of appeal and it was um not suggested to the judge uh in opening uh when I made my closing submissions or when the judge summarized the issue to my learnning friend uh that this was not an issue for him uh and um was as an advocate one has to have great sympathy for a point that's made against another Advocate um uh it wasn't really In the Heat of battle that a mistake was made um this case was clearly um presented um in a consistent way um from um the moment that the first witness uh was called right through to closing I say from the moment the first witness was Co because because I didn't make an opening and my lords um it's always been our position um that the outdoor jacuzzi was positioned in a raised area of decking as set out in paragraph 1.2 of the case su

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