Tutorial Preparation and Understanding

My Client is Liverpool City Council.

James (plaintiff) was found face down on a footpath in Liverpool. Ambulance attended the scene and James was unconscious, with a broken jaw and black eye. James was also inebriated at the time and stated he had fallen over a paver which caused him to fall.

James experienced significant brain trauma and was in ICU for 12 months. He is now suing the council for damages (money and lifetime care/support - medical reports support this claim). A Devious report was attached to the statement of claim, showing CCTV footage of James smoking Marijuana and unopened emails from sent by PaversRUs advising council to finalise inspections for their work.

What are the issues in the case and what laws of evidence apply?

Is the evidence present admissible?

Was the council negligent and fail in failing to warn/protect the public from the trip hazard?

Does James have an adequate statement to claim given he was intoxicated?

What evidences can be admitted or not to support the claim?

Is Liverpool City Council responsible for what has happened to James?