Question 1 of 10

Cory is a self-employed barrister practising in civil law. He is instructed to represent both defendants in a negligence claim brought by a villager living in a north Yorkshire village. The claim is brought against RD Road Maintenance Ltd [RDML] and against the local Council authority. It is alleged that RDML acted as the agents of the local Council, and as such both are responsible for negligence in laying a new road surface in the village, which has caused damage to the claimant’s car.Both defendants’ cases are that the road surfacing work was not negligent; they say that deterioration of the road surface came about because of unexpectedly cold and icy weather immediately after the work was concluded.A week before trial, the solicitor for the local Council sends Cory documents obtained from the Council, which suggest that RDML was on the verge of going into administration and deliberately bought unsuitable cheaper materials for the road surfacing work, which is likely to have caused the deterioration of the road surface.Which of the following best describes how Cory should proceed?