Ken Cohen's letter (see [2005] Gazette, 8 December, 14) reminds me of the time when in practice as a solicitor and appearing in court I relied on a scene from 'Only Fools and Horses' to support my submission that the claimant was seeking, by a series of amendments, to pursue a totally different claim to that pleaded. (For those in the know, it was the scene where Trigger gets a medal for his road sweeping.)

The judge accepted my submission and struck out the claim. This was upheld by the Court of Appeal, but counsel who appeared there did not rely on the analogy.


District Judge Graeme Smith, Manchester District Registry and County Court