Accident - Q&A with Lloyd Gash

What is 'Accident about?

'Accident' is a dramatisation of an English case from the late 1960s that first came to my attention when I was teaching insurance contract law many moons ago. It concerns a man indicted for the alleged murder of his friend and neighbour, who was having an affair with his wife. He is tried at the Old Bailey and later pursued in the civil courts (including the Court of Appeal) by the widow of the deceased for substantial damages, for which he seeks to rely on an indemnity in a household insurance policy, arguing that the relevant clause covers liability for damages caused to third parties by accident. The insurer takes a rather different view on coverage. The characters and their emotional journeys are fictionalised, but the wording of the civil judgments is verbatim from the court decisions.

What themes does the play explore?

The overarching theme is the question: was justice served? This simple, yet hugely complex, question is put to each of the main characters after each court hearing by a representative of the press. It is not a question that can be fully resolved, because justice in this context is a somewhat nebulous concept at its edges.

There are also more tangible legal themes for audiences to consider, including the value of jury trials, the uncertain nature of public policy reasoning, and the different conclusions judges may reach when interpreting contractual wording. Beyond the law, the play presents emotionally complex characters whose futures are bound up in damaged relationships and shared trauma, while they navigate the additional complexities of the English legal system.

What inspired you to write 'Accident'?

Of all the cases I have taught and discussed over the years, the one that inspired 'Accident' has been of particular interest to all sorts of audiences. I think this is because it provides insight into both the criminal and civil justice systems, and because the themes are both accessible and challenging. Non-law audiences can quickly understand what the case is about, but the legal reasoning and routes to the outcomes are challenging for everyone.

Adding the emotional complexity of fictional characters creates another layer of what the case is really about, and I believe the pedagogical value of telling this story through a play is very high. My co-author, Bryony Thomas, does not come from a legal background, and working with her was the main inspiration behind the character development, theatrical devising, and the elements of the play that move beyond the legal issues themselves.

Why did you decide to use theatre as a vehicle to convey legal ideas?

At a previous institution, I held an administrative and quality assurance role for a Drama School, which very happily obliged me to watch student productions and get to know staff and students in theatre education. It struck me that law schools, with access to an almost infinite set of compelling case narratives, and drama schools, with performance expertise and the means to convey stories, would make a wonderful interdisciplinary pairing.

This was not a new academic revelation. The performance of law and law-and-theatre fields have rich histories and powerful current practice (and it turns out that King's Professor Alan Read has quite literally written the book on this). But the idea of asking law students and drama students to collaborate on performance projects inspired by legal cases was a new direction for me as a law teacher.

Looking back, did the project become what you initially envisioned, or did it evolve in unexpected ways?

Both! It was a dream come true to see the writing come to life in the hands of the wonderful King's students at The King’s Players Theatre Society under the visionary direction of Evie Korten and Alfie Gosling. I had always hoped there would be a production run, but I never imagined the inaugural performances would sell out across four nights as a public event and be positively reviewed by The Law Society Gazette.

I’m also very grateful to Oxford University Press for sponsoring the performances and working with me to produce a contextual reading list from their Law Trove resource for audiences who want to explore the themes further. That added a dimension to the project that exceeded my initial expectations when I first devised this as a teaching resource.

What were the biggest challenges in translating the law into a drama?

The biggest challenge has always been that the case that inspired the play is a real case involving families who suffered tragic events 60 years ago. Although the play is a work of fiction, with different names, locations and fictionalised personal relationships, I have always been conscious of the ethical question of what gives me the right to present a version inspired by their story.

My answer has always been that the aim is educational: to provoke critical thinking about our systems of justice. The project was never just about entertainment, which on its own would not be a sufficient justification in my view. I sought and obtained institutional ethical approval for the project and continue to reflect on this balance at every stage.

Another challenge was learning to let go of the script and not interfere with the directors’ vision or how the cast interpreted the characters. The control-freak lawyer in me had to be firmly overruled by my wiser internal counsel. In the end, of course, I needn’t have worried, the students did a far better job than I ever could as performers!

How did audiences, especially non-lawyers, respond to the performance?

I’ve been blown away by the positivity of the responses. Most feedback, via anonymised audience forms and public comments on LinkedIn, came from legal professionals and law students, but the responses from non-lawyers have convinced me that the play has real potential to reach wider public audiences and engage them in thinking about legal themes and questions of justice.

Do you think theatre breaks down barriers to help new audiences engage with legal ideas?

Yes, absolutely. Theatre provides an accessible entry point into legal ideas for new audiences, and it also allows law students who may have encountered these themes in lectures and readings to reconsider them in a completely different context and medium. If students can feel the tensions in a case as well as understand the legal reasoning, I think they develop a deeper and more thoughtful relationship with the law.

What kinds of conversations emerged during the post-show discussions?

The post-performance Q&A on opening night was one of the most memorable moments of my career because of the depth of discussion between the cast, law students, and the range of law and theatre academics and professionals in the room. The pedagogical value of interdisciplinary initiatives is often discussed but can be difficult to achieve in practice as a genuine meeting between disciplines. That evening really felt like one.

Across the performances we hosted students and staff from other universities including Creighton Law School (USA), Goldsmiths, Strathclyde, Westminster and others. Following the final performance, Judge Brendan Greiner, a US criminal judge, kindly offered professional reflections on the courtroom advocacy in the play, which was a particular highlight.

How has the project influenced your own teaching?

The 'Accident' project gave me the confidence to incorporate scripted verbatim theatre and devised performance elements into my teaching on the MSc Law & Professional Practice programme. This was very well received by students, many of whom said the method gave them new insights and perspectives on legal issues.

Perhaps the most exciting initiative to come out of the project is a new collaboration with academic leads at the Royal Central School of Speech and Drama, where our student cohorts will work together to devise and deliver verbatim theatre workshops as an interdisciplinary skills-exchange project, with the aim of leaving a legacy of materials for future cohorts to use and develop.

What are your future plans for Accident?

I hope to seek Arts Council or other funding for further performances of 'Accident', ideally including a tour to schools and universities. Beyond 'Accident', I would like to help build a network or association of academics interested in Performance of Law and law and theatre work. It has been very exciting to discover how much interest there is in this area, and I’ve already been contacted by colleagues at King's and beyond who are considering similar approaches in their own disciplines. Let’s build this together!