INSTITUTE OF LEGAL EXECUTIVES

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1 JANUARY 2010 Level 6 CIVIL LITIGATION Subject Code L6-15 INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION * CASE STUDY MATERIALS Information for Candidates on Using the Case Study Materials This document contains the case study materials for your examination. In the examination, you will be presented with a set of questions which will relate to the case study materials. You will be required to answer all the questions on the question paper. You should familiarise yourself with the case study materials prior to the examination, taking time to consider the themes raised in the materials. You should take the opportunity to discuss the materials with your tutor/s either face to face or electronically. It is recommended that you consider the way in which your knowledge and understanding relates to the case study materials. Instructions to Candidates Before the Examination You will be provided with a clean copy of the case study materials in the examination. You are NOT permitted to take your own copy of the case study materials or any other materials including notes or textbooks into the examination. In the examination, candidates must comply with the Level 6 Professional Higher Diploma in Law and Practice/Single Subject Certificate/Graduate Fast Track Diploma Examination Regulations. Page 1 of 8 Turn over * This unit is a component of the following ILEX qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE

2 ADVANCE INSTRUCTIONS TO STUDENTS You are a trainee Legal Executive in the firm of Kempstons of The Manor House, Bedford, MK42 7AB. You are in the civil litigation team and your supervising partner is Mark Jones. Your local County Court is situated in Bedfordshire. You arrive at work on Monday morning and receive a call from Mark. He advises you that he is unable to come to the office and asks that you cover his appointments. He has also asked that you check his post and progress any matters that require attention. Mark s you brief details of the cases he wants you to look at: Document 1 Document 2 Document 3 Document 4 Document 5 from Mark Jones, Supervising Partner Particulars of Claim Incident Report Attendance Note Grazing Agreement Page 2 of 8

3 DOCUMENT 1 To: From: Sent: Trainee Legal Mark [Today s date] Subject: Various matters 1) Mr Tony Heast - He is a motorcyclist who has been involved in a road traffic accident with a cyclist, Ms Dawn Collins. A letter of claim was sent by Ms Collins which Mr Heast initially ignored. We have now been instructed and a letter of reply has been sent 2 months after the date of the letter of claim. Unfortunately, the letter of reply appears to have crossed in the post with a claim issued by Ms Collins against Mr Heast a copy of which can be found on the file (Document 2). You should also look at the incident report form completed by Mr Heast shortly after the accident (Document 3). 2) Mr William Majewski This is a personal injury claim for Mr William Majewski. Mr Majewski was employed by the Defendants PP & P Ltd construction. Mr Majewski was working on scaffolding consisting of trestles and three planks. One of the planks broke into two pieces causing Mr Majewski to fall a distance of two metres to the ground. Concrete blocks then fell upon him causing serious head injuries. The accident occurred several months ago and Mr Majewski remains in hospital. His wife, Mrs Majewski has been providing us with instructions. The Defendants have made a general denial of liability in their letter of reply and asked for more time to investigate the claim. There is very little on the file at the moment, as no substantial information has been provided by either our client or the Defendant. 3) Mr Rob Fletcher Is a builder in dispute about a house extension he built for Mr Arun and Mrs Lakshmi Deep. He all but completed the building several months ago. The final staged payment and payment for the supply of additional works remain unpaid. The final staged payment was for a third of the contract price and totalled 14,000. The additional works came to a total of 10,000. Mr Fletcher wants payment as soon as possible as he has cash flow difficulties. The proposed Defendants are currently litigants in person. 4) Mr Mark Cohen The firm s managing partner, Melissa Morris, who is a close friend of Mr Cohen, has referred him to the litigation department. He owns three stables and six acres of land. He rents two stables to the Causeway Equestrian Centre for 400 per month. The equestrian centre is refusing to pay any rent following a dispute about the repair of the boundary fences. Unfortunately, one of the animals escaped from the land and there is now a possible personal injury claim. Mr Cohen came to the office recently and you should see a note of the meeting on the file (Document 4 and Document 5). I would like you to take over this file, as I do not have time to deal with it. Page 3 of 8

4 DOCUMENT 2 Particulars of claim IN THE HIGH COURT OF JUSTICE Claim No QUEEN S BENCH DIVISION BLANKSTONE DISTRICT REGISTRY BETWEEN: DAWN COLLINS Claimant and TONY HEAST and SUN INSURANCE First Defendant Second Defendant PARTICULARS OF CLAIM 1. On the 1 st October 2009 at or about 8.30pm the Claimant was riding her bicycle in a southern direction along Fermi Avenue, Humbleton from the direction of Fourth Street and had reached the junction of Ryhne View when suddenly and without warning a Honda motorcycle registration DN532 ESE driven by the First Defendant turned left into the said Ryhne View, and in doing so collided with the Claimant s bicycle. 2. At all material times: a. The first Defendant was insured to drive the Honda motorcycle registration number DN532 ESE with the Second Defendant who had issued a policy of insurance relating to the vehicle in accordance with sections 143 and 145 of the Road Traffic Act 1988; b. The aforementioned vehicle driven by the First Defendant was based in the territory of the United Kingdom; c. The Claimant was resident within the United Kingdom; d. The accident referred to in paragraph one above occurred on a road or other public place in the United Kingdom. 3. The collision was wholly caused by the negligence of the First Defendant. Page 4 of 8 Turn over

5 PARTICULARS OF NEGLIGENCE The Defendant was negligent in that he: (a) failed to keep a proper look out (b) failed to see the Claimant s bicycle in time or at all (c) failed to observe and pay heed or act upon the presence, path, position and approach of the Claimant s bicycle (d) turned into Ryhne View (the minor road) without looking to his left immediately before or as he commenced so doing (e) failed to accord precedence or give way to the Claimant s bicycle as it passed along Fermi Avenue (the major road) (f) failed by means of his horn, lights or otherwise to warning the Claimant of his actions (g) drove into collision with the Claimant s bicycle or alternatively drove directly into the path of the Claimant s bicycle thereby affording the Claimant no opportunity to avoid the collision (h) failed by means of brakes, steering or otherwise so as to manage and control his motorbike so as to avoid a collision (i) exposed the Claimant to a foreseeable risk of injury 4. By reason of the above the Claimant who is now aged 28 years, having been born on 1 st July 1981 has suffered pain, injury, loss and damage, full particulars of which are set out in the medical report and schedule of special damage served herewith 5. In respect of damages awarded to her the Claimant is entitled to interest pursuant to Section 35A of the Supreme Court Act 1981 at such rate and for such period as the Court thinks fit AND THE CLAIMANT CLAIMS (1) Damages (2) Interest as aforesaid I believe that the facts stated in this Particulars of Claim are true. Signed... Served this 4th day of January Page 5 of 8

6 DOCUMENT 3 Incident Report INCIDENT REPORT FORM LOCATION Junction of Fermi Avenue and Ryhne View, Humbleton Date of incident Day of week Time 1 st October 2009 Thursday 8.30 pm Address Tony Heast 27 Ryhne View, Humbleton, BT 22 3JP DETAILS OF OTHER PARTIES INVOLVED Dawn Collins, Room 12, Simpsons Hall, Portland Street, Humbleton WITNESS(ES) Name Mike Danton Name N/A Name N/A Address Room 16, Simpsons Hall, Portland Street, Humbleton Account of incident Address Address I was riding my motorbike along Fermi Avenue turning left into Ryhne View when suddenly a bicycle ridden by Dawn Collins hit me side on and made me fall off my motorbike. I recall passing the cyclist some way down the road but she must have caught up with me as the flow of traffic was stop and go. She must have been filtering through the traffic rather than using the cycle/footpath that runs along the Avenue. I assume she did not see that I was indicating to turn left into my street. Another cyclist stopped to help move the bikes off the road. He seemed a bit drunk and was shouting about how I should be more careful but once I had apologised he gave me his contact details. I provided Ms Collins with my insurance details and asked them to wait until the police came to make sure everything was sorted out properly. Both Ms Collins and the other cyclist left before the police arrived. When the police were interviewing me I confirmed that Ms Collins was not wearing a helmet and did not have a front light on her bicycle. Page 6 of 8 Turn over

7 DOCUMENT 4 Attendance note Attendance on: Mr Mark Cohen Attended by: Mark Jones Date: 7 November 2009 Time taken: 30 minutes attendance 6 minutes - dictating attendance note Mr Cohen has been referred by MM and needs some advice on a possible breach of contract. He provided an unsigned copy of a grazing agreement for land and two stables at Castle House, the Vale, Blanktown. The agreement is between him and the Causeway Equestrian Centre. The signed copy is with the equestrian centre. The equestrian centre recently moved two horses into the stables and agreed to pay 400 per month for a fixed term of one year. To date they have paid nothing and have claimed that the recent escape of the animals was Mr Cohen s fault. Because of the escape, one of the animals was hit by a car and injured. He does not have any further details about the accident, as the animals owners seem to have disappeared and abandoned their animals. It was agreed that we would consider the agreement (Document 5) in more detail and then write to advise him accordingly. Page 7 of 8

8 DOCUMENT 5 - Grazing Agreement AN AGREEMENT made on the day of two thousand and nine BETWEEN MARK COHEN of Castle House, the Vale, Blanktown ( the Owner ) and CAUSEWAY EQUESTRIAN CENTRE of Portway Road, the Vale, Blanktown ( the Grazier ) WHERBY IT IS HEREBY AGREED as follows: - 1. The Grazier shall be entitled for a period of 12 months from the date of this agreement to graze the land and occupy two of the stables at Castle House, the Vale, Blanktown ( the Land ) as shown edged red on the annexed plan (NOT INCLUDED) 2. The Grazier shall pay to the Owner for the said right the sum of four hundred pounds ( ) per month on the first Saturday of each month, with first payment being made on the date hereof 3. The Grazier shall keep the occupied stables and all fences gates ditches and watercourses in no worse condition at the date of this agreement and shall at his own risk maintain them in condition to prevent his horses straying or being injured and shall preserve all trees or bushes upon the land from injury by animals or otherwise 4. The Grazier shall properly cut or pull up thistles or any other noxious weeds on the land and shall keep the land clear of moles 5. The Grazier shall use the land only for grazing horses and shall not allow the land to be entered on or in anyway used by any vicious unruly destructive infected or diseased animal. In the event of the Grazier admitting any animal on the land in contravention of this clause the Owner shall be at liberty to treat the animals as a trespasser and impound the same at the expense of the Grazier and the Grazier shall be liable for all loss and damage occasioned by such animal either by straying or in any other way 6. The owner shall be entitled by notice in writing to determine this agreement forthwith upon the death of the Grazier or upon any breach by the Grazier of the terms of this agreement 7. For the avoidance of doubt full occupation and possession of the land remains with the Owner subject to the rights granted by the Owner to the Grazier AS WITNESS the hands of the parties hereto SIGNED by the said MARK COHEN In the presence of: - SIGNED for and on behalf of the said CAUSEWAY EQUESTRIAN CENTRE By In the presence of: - End of Case Study Materials 2010 Institute of Legal Executives Page 8 of 8

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