THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS * SUPPORTING MATERIALS
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1 14 January 2015 Level 4 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS Subject Code L4 7 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS * SUPPORTING MATERIALS Information for Candidates on Using the Supporting Materials This document contains the supporting materials for your examination. You have 30 minutes reading time to read the supporting materials and question paper. It is strongly recommended that you use the reading time to read the supporting materials and question paper fully. However, you may make notes on the supporting materials, question paper or in your answer booklet during this time, if you wish. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 4 DIPLOMA IN PERSONAL INJURY LITIGATION and LEVEL 4 EXTENDED DIPLOMA IN PERSONAL INJURY LITIGATION. Page 1 of 8
2 INSTRUCTIONS You are a trainee lawyer in the Personal Injury Department of Kempstons LLP, The Manor House, Bedford, MK42 7AB. Your supervising partner is Fiona Lamberti and she has given you two of her cases to consider. The first case relates to Mrs Sarah Blakemore, who is recovering from injuries sustained in a road traffic accident. (Documents 1 2). The second case relates to Mr Marek Janicki, who sustained injuries following an accident at work (Documents 3 4). She has asked you to assist her generally in relation to both cases. Document 1 Document 2 Document 3 Document 4 Proof of Evidence taken by Fiona Lamberti from Mrs Sarah Blakemore Medical Report of Mr Zabina Sharan in relation to Mrs Sarah Blakemore Proof of Evidence taken by Fiona Lamberti from Mr Marek Janicki Health & Safety Executive Report of Agatha St Jean in relation to Mr Marek Janicki Page 2 of 8
3 DOCUMENT 1 PROOF OF EVIDENCE TAKEN BY FIONA LAMBERTI FROM MRS SARAH BLAKEMORE I, Sarah Blakemore, of 5 Latham Street, Bedford, B5 8WJ will say: 1. On Friday 12 September 2014, at about 6.30 pm, I was in the front passenger seat in a car being driven by my friend Mrs Jasmine Davies. We were in her Renault Clio and were following a white Ford Transit van. Jasmine was fumbling in the pocket of the driver s door for her mobile phone, which had begun to ring. She did not notice that the traffic lights ahead had turned to red. The white Ford Transit van stopped at the traffic lights and Jasmine drove straight into the back of the stationary Ford Transit van. 2. In the collision, I banged my head on the windscreen of the car. I was immediately aware of pain in my forehead, which was bruised, and a great deal of pain in my neck and back. The bruising to my forehead has now gone. 3. The police arrived and spoke to Jasmine, and I was taken to hospital in an ambulance. I was given painkillers to relieve the pain while waiting to be assessed. I was diagnosed with a soft tissue injury to my forehead and severe whiplash to my neck and lower back. I was kept in hospital overnight and then released. 4. I suffered flashbacks in the aftermath of the accident as well as panic attacks when getting into the car. I visited my GP who has prescribed a course of tranquillisers. I am feeling a little better now and the flashbacks and panic attacks are steadily decreasing. The bruising to my forehead has now gone. However, the pain in my spine and lower back is no better and there are days when I am sure it is getting worse. 5. I have been informed by Jasmine that she is insured with the Ardent Best Car Insurance Company. Her lawyers are Carlisle and Buckingham LLP. 6. I wish to make a claim for the injuries and consequential losses I have suffered. 7. I believe that the facts stated in this proof of evidence are true. Signed: Sarah Blakemore Dated: 7 January 2015 Page 3 of 8 Turn over
4 DOCUMENT 2 MEDICAL REPORT OF MR ZABINA SHARAN IN RELATION TO MRS SARAH BLAKEMORE Mr Zabina Sharan Consultant Orthopaedic Surgeon Nightingales Surgery Bedford 3 November I have been asked to report on the injuries to Mrs Sarah Blakemore, DOB , who suffered an accident on 12 September I conducted a medical examination of Mrs Blakemore on 3 November I was able to offer her a cancellation appointment. 2. I have seen Mrs Blakemore s medical records, including X-rays taken in the Accident and Emergency Department of Kempston Hospital. CONCLUSION AND PROGNOSIS 3. Mrs Blakemore suffered serious bruising to her forehead which lasted for six weeks and as at the date of my examination has healed completely and there are no residual symptoms. 4. Mrs Blakemore also suffered soft tissue injuries to her cervical and lumbar spine (whiplash injury). At the time of examination, Mrs Blakemore continued to suffer from moderate pain and stiffness. This will gradually reduce in severity over the next 18 months. 5. There is evidence of degenerative change in the spine. There is no evidence in Mrs Blakemore s medical records of any degenerative change prior to the accident. In my view, this is post-traumatic arthritis attributable to the accident. It is a progressive condition and the arthritic changes will progress over the years and, as it does so, the pain and stiffness in the spine will result in a substantial loss of mobility within the next five years and this will be permanent. 6. I understand Mrs Blakemore has experienced panic attacks recently but she tells me they are of decreasing frequency and in my opinion they will cease altogether within the next six months. I suggest that a psychiatric report is obtained if the symptoms do not decrease as I expect. Mr Zabina Sharan Page 4 of 8
5 DOCUMENT 3 PROOF OF EVIDENCE BY FIONA LAMBERTI FROM MR MAREK JANICKI I, Marek Janicki, of 52 Oak Road, Bedford, B6 3MX will say: 1. In July 2014, I started work with Offisort Limited ( Offisort ) as a cleaner. 2. Offisort provides cleaning services to an office building in Bedford called Cedar Towers. I report to the Cleaning Supervisor at Offisort named Gillian Keatings. 3. On 16 December 2014, I arrived at work, and saw a note from Gillian asking me to mop out the basement storeroom by using some special deepcleaning detergent. Gillian had put the detergent in the storeroom for me. 4. When I entered the storeroom, it was very dark, I could see the container in the corner. There were no protective gloves evident and, after looking for them for a few minutes, I decided to do without them. I filled a bucket with water and then poured the detergent from the container into the bucket in order to mop the floor. As the water and detergent mixed, a cloud of fumes rose from the bucket. My eyes started watering. I realised that I must have picked up the wrong container. I dropped the container, and the contents spilled over my hands and legs. 5. I became very disoriented as a result of the poor lighting and the fact that I could not see or breathe properly. As I made my way out of the storeroom, I tripped over the mop and bucket and fell awkwardly to the floor, injuring my leg. 6. One of the other cleaners on my shift happened to be passing and called for help. An ambulance arrived and took me to the local hospital. 7. At the hospital, I was diagnosed as having acid burns. The outer layer of skin on the back of both my hands burned, but not all the way through. The first layer of skin on my right tibia was burned through and the second layer of skin (dermis) was also burned. I was also diagnosed as having suffered a full thickness burn involving all the layers of the skin on my right upper forearm. 8. My orthopaedic injuries were X-rayed and I was taken to the operating theatre. I was told that I had a comminuted fracture of the mid-shaft of my right humerus. There was a hairline fracture of my right patella. 9. I stayed in hospital for a week and was treated for my injuries. I was discharged on 23 December I remain unfit to return to work at this time. 11. I believe that the facts stated in this proof of evidence are true. Signed: Marek Janicki Dated: 3 January 2015 Page 5 of 8 Turn over
6 DOCUMENT 4 HEALTH & SAFETY EXECUTIVE REPORT OF AGATHA ST JEAN IN RELATION TO MR MAREK JANICKI 1. I am employed by the Health & Safety Executive, which is the national independent watchdog for work-related health, safety and illness. We are an independent regulator and act in the public interest to reduce workrelated death and serious injury. 2. I have been asked to prepare a preliminary report on the circumstances of an incident on 16 December 2014 at the Cedar Towers office block. As a result of the incident, Mr Marek Janicki sustained injuries. Mr Janicki is employed as a cleaner by Offisort Limited, the company responsible for providing cleaning services to the office block. 3. On the day in question, Mr Janicki was undertaking cleaning duties in a basement storage room. He was injured by a spillage of muriatic acid and the resultant fumes. 4. I have investigated the health and safety procedures implemented by Offisort Limited at Cedar Towers. 5. It is clear that in this case Mr Janicki was entitled to assume it was safe to mop the floor in the basement storage room. I note that one of two light bulbs in the room had failed. Although the room was not dark, it appears that the poor light may have prevented Mr Janicki from distinguishing between the container of muriatic acid and the container of detergent he had been instructed to use. 6. No personal protective equipment, such as gloves, was provided for him. 7. Mr Janicki was not aware that muriatic acid was stored in the storeroom neither had he been warned of its presence. 8. Offisort Limited clearly failed to comply with its own procedures as well as relevant Health and Safety statutory provisions, which in my view led directly to this accident. 9. My recommendation is that an improvement notice be served upon Offisort Limited requiring it to take steps to remedy these defaults within 21 days. Agatha St Jean. Health and Safety Executive 10 January 2015 End of Supporting Materials 2015 The Chartered Institute of Legal Executives Page 6 of 8
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