Jason has brought a claim in negligence against his former e…

Questions

Jаsоn hаs brоught а claim in negligence against his fоrmer employer Vanguard Appliances Limited ("Vanguard"). Jason worked in Vanguard's warehouse stacking appliances onto trucks. During his employment, Jason was deliberately injured by another warehouseman, Vince, who drove a forklift truck into him causing serious injuries to his leg and torso. Following a police investigation, Vince was prosecuted for assault in the Crown Court, was convicted and was given a 2-year custodial sentence. Jason has been unable to work since the accident and has consequently brought this claim against Vanguard only as Vince died shortly after receiving his custodial sentence. Which of the following correctly states the position in respect of the admissibility of Vince's conviction and the use which the court will make of it? [A]        The conviction is admissible evidence against Vanguard, but Jason will have to prove on the balance of probabilities that Vince assaulted him. [B]        The conviction is not admissible in the trial because Vince is not a party to the civil proceedings. [C]       The conviction is admissible evidence, and Vanguard must accept that Vince committed the offence of which he was convicted. [D]       The conviction is admissible evidence, and the court must presume that Vince committed the assault unless Vanguard can show to the contrary.

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