Assignment 1

 

 

LEVEL 7 DIPLOMA

Unit 1 – CIVIL LITIGATION – ASS 1

 

 

L7 Unit 1 – Assignment 1

 

You act for Minty Maximus who owns a company known as Maximus Confectionary Limited. He entered into a contract to purchase 100,000 kilograms of sugar from Refinery Limited for £15,000 to be delivered within 7 days. Unfortunately, it did not arrive and Refinery Limited have stated this is due to a shortage of sugar and they won’t be able to deliver for another 6 months. Minty has found another supplier. However, Refinery won’t give him back his money. You have taken your client’s formal instructions and have copies of all documents. There are no witnesses.     

 

 

 

  1. Minty wants you to issue court proceedings today. Explain to Minty whether or not this is possible and what procedure should be followed and why. Include the benefits of this within your evaluation.

 

200 Words

 

(5 marks)

 

 

  1. Refinery Limited acknowledge your initial correspondence and indicate they are not willing to settle at this stage and are adamant there is no reason why Minty shouldn’t wait for 6 months. Therefore, court action is inevitable.  Outline and analyse how proceedings will be issued including the contents of the statement of case.

(5 marks)

200 Words

 

 

  1. Discuss the options available to a Defendant as per the response pack including time limits and procedures.

(5 marks)

 

200 Words

 

      

  1. The Defence that Refinery Limited submit has no merit to it. Write a letter to Minty with your advice on how the matter can be brought to an early conclusion.

 

(5 marks)

200 Words

 

 

 

 

  1. Assuming the Defence is strong enough to warrant going to trial, summarise the procedure, from the court receiving the defence, to trial (but not including the trial itself) include which directions are likely to be given and the time scales involved.

300 Words

 

(10 marks)

 

  1. Critically analyse what differences there would be in the procedure had the claim been for only £5,000.

200 Words

 

 

(5 marks)

 

 

  1. The case proceeds to trial. Minty would like to know what to expect on the day. Draft an email to Minty summarizing the trial procedure

 

(5 marks)

200 Words

 

 

 

  1. Minty is successful at trial. Discuss what potential remedies the judge may award and which would be most appropriate here.

 

(5 marks)

200 Words

 

 

  1. The judge awards costs to Minty. Explain how these will be assessed

 

(5 marks)

200 Words

 

 

 

You act for Severus Hogbottom who has sustained an injury at work.  He was working on a machine which his employer asked him to use without protective eyewear as the only safety glasses they had were broken and the job was urgent. Severus has lost partial sight to one of his eyes and you believe his claim to be in the region of £35,000. The defence believe that Severus will regain full sight within 12 months and are therefore only willing to settle at a much lower price of £10,000.

 

 

  1. Severus is unemployed due to the injury and doesn’t have any money to pay you. Explain what options there are for funding his legal advice.

 

(10 marks)

300 Words

 

           

  1. An expert is required to determine the extent of the damage to the eye. Discuss how a joint expert will be instructed and the format his report should take.

200 Words

 

(5 marks)

 

 

12   The defence refers to elements which are unclear and require clarification. Explain how you can request further information regarding these points and the procedure to be followed.

200 Words

 

(5 marks)

 

  1. An offer of £10,000 is made under Part 36. Write a letter to your client as to what this means and whether they should accept the offer.

(5 marks)

            200 Words

 

 

 

  1. The case proceeds and is allocated to the multi track.

 

  • Explain the Explain the Pre-Trial Review and how to prepare Trial Bundles.

 

200 Words

 

(5 marks)

 

  • Analyse the process of Disclosure and Inspection and discuss the various exemptions.

(5 marks)

200 Words

 

 

 

 

  1. Severus is only awarded £15,000 plus costs. Outline the procedure for appeal should he wish to do so.

200 Words

 

(5 marks)

      

 

      

  1. The employer doesn’t pay the £15,000 arguing that he is a small business which is in financial difficulty. Advise Severus as to how you can find out more information about the employer’s financial standing and discuss the various orders available for enforcement

300 Words

 

(10 marks)

 

 

 

End of Assignment