You must consult a minimum of TEN credible sources of which:

ONE is a textbook or journal article [No blogs or periodicals]

THREE are applicable cases which takes precedence, AND

THREE is the applicable Rules of Court and legislation

SCENARIO: Megan Fox is a model by profession with Visco Gurlz Modelling Agency. She was involved in a motor vehicle collision with Benedict Cumberbatch, a franchise owner in Johannesburg. The collision took place on 2 April 2020 at the intersection of North and South Streets in an urban area. Megan entered the intersection on South Street at 15 km per hour and Benedict approached the intersection on North Street at 75 km per hour. The intersection is monitored by traffic cameras. Both streets are in good condition. All traffic lights, street demarcations and road signs are clearly visible. Megan is insistent that Benedict was the sole cause of the accident because he drove through a red traffic light and collided into her vehicle. She alleged that had he 'not been speeding like The Flash, then perhaps he would have actually seen the poster attached on the traffic light on his side of the road that says that red means STOP'. Benedict alleges that the traffic light was amber, not red. He further alleged that Megan was the sole cause of the accident because she failed to enter the intersection with caution, as opposed to if she had the right of way. He further alleged that 'had she spent more time focusing on the road than applying her mascara, she would have realised that it he had the right of way'. Megan suffers serious injuries on her back and must have several operations. It is also anticipated that she will have to undergo future operations to her back. The damages to her vehicle amount to R75 000 and the damages to Benedict's vehicle amounts to R45 000. Megan has put in a claim with the RAF for her personal injury, which has been accepted. The pleadings are closed and both parties begin to prepare for trial.

You are required to discuss the following in your essay:

The steps which may be taken to prevent them from being caught unprepared by the

opposing party at the trial.

The steps they must take to shorten the trial as required by the South African High Court & Rules Magistrates' Court Rules.

How they may present their evidence to the court.(state both high court and magistrate rules for each step)

Guidelines:

Your essay should include a full explanation of the following concepts:

Steps that must be taken before and after the close of pleadings

• Medical examination
• Examination of inanimate objects.
• Medical reports, hospital records, x-rays, photographs and similar documents.
• Expert evidence.
• Admission of plans, diagrams

Steps that must be taken after the close of pleadings

• .Request for further particulars for trial
• Pre-trial conference.
• Discovery of documents and tape recordings.
• Inspection of documents and tape recordings.
• Specifying documents and tape recordings to be used in trial
• Production of documents and tape recordings
• Set down of cases for trial
• Transfer of cases

Securing the necessary evidence

• Advice on evidence.
• Ways in which evidence may be placed before the trial court. (20 marks)

kindly insert references