14 January 2016 Level 6 CIVIL LITIGATION Subject Code L6-15 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates You have been provided with a clean copy of the case study materials for you to use in this examination. You have FIFTEEN minutes to read through this question paper and the case study materials before the start of the examination. It is strongly recommended that you use the reading time to read this question paper fully. However, you may make notes on this question paper or in your answer booklet during this time, if you wish. All questions are compulsory. You must answer ALL the questions. Write in full sentences a yes or no answer will earn no marks. Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part-question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE 137734 Page 1 of 8
Question 1 Reference: Question relates to Documents 1 and 2 of the case study materials. (a) Complete the blank areas ONLY of the attached N1 Claim Form (Document A) in respect of Mr Digby s claim. IMPORTANT: Write your candidate number clearly on Document A and attach it securely to the inside of your answer booklet. (10 marks) (b) In your answer booklet, draft the Particulars of Claim in respect of Mr Digby s claim. (18 marks) (Total: 28 marks) Question 2 (a) Advise Mr Bosko on the potential methods of funding his claim. (8 marks) (b) Advise Mr Bosko on the evidence he would be required to disclose. (9 marks) (c) Advise Mr Bosko whether Dr Vorris s evidence can be used at trial. (5 marks) Proceedings have now been issued but the defendants have made no response. (d) Advise Mr Bosko on any steps he may now take. (5 marks) (Total: 27 marks) Page 2 of 8
Question 3 Reference: Question relates to Documents 3 and 4 of the case study materials. (a) (b) Explain three initial checks you should undertake before you proceed to act for Mrs Newberry. (6 marks) Advise Mrs Newberry on whether you are able to issue proceedings at this stage. (5 marks) Proceedings have been issued and judgment has been obtained in favour of Mrs Newberry t/a Sparkling Clean in the sum of 6,609.60, inclusive of costs and interest. The judgment remains outstanding. (c) Advise Mrs Newberry on the methods of enforcement that could be taken against Fun Playtime Ltd. (10 marks) (Total: 21 marks) Question 4 Reference: Question relates to Documents 5 and 6 of the case study materials. (a) Explain the stages of the Ministry of Justice Portal that would be relevant to Mr Ahmed s case. (8 marks) Assume that the matter has exited the Portal as there has been no response from the insurers on behalf of Sunny Dairies Ltd. Proceedings were then issued and a defence was filed. Mr Ahmed is concerned about how long this case will take to proceed to trial. (b) Draft the contents of a letter to Mr Ahmed advising him on the likely steps to trial. (8 marks) Mr Ahmed was awarded damages at trial. (c) Advise Mr Ahmed on the factors the court will take into account when deciding whether to award costs in his case. (8 marks) (Total: 24 marks) 2016 The Chartered Institute of Legal Executives Page 3 of 8 Turn over
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Candidate No... (DOCUMENT A Form N1 to be used with Question 1(a)) In the Claim Form Claim No. Issue date for court use only Claimant(s) name(s) and address(es) including postcode SEAL Defendant(s) name and address(es) including postcode Brief details of claim Value You must indicate your preferred court for hearings here (see notes for guidance) Defendant s name and address for service including postcode Amount claimed Court fee Solicitor s costs Total amount When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. N1 Claim form (CPR Part 7) (12.12) Crown Copyright 2012 Page 5 of 8 Turn over
Claim No. Does, or will, your claim include any issues under the Human Rights Act 1998? Yes No Particulars of Claim (attached)(to follow) DO NOT COMPLETE Statement of Truth *(I believe)(the Claimant believes) that the facts stated in these particulars of claim are true. * I am duly authorised by the claimant to sign this statement Full name Name of claimant s solicitor s firm signed position or office held *(Claimant)(Litigation friend)(claimant s solicitor) (if signing on behalf of firm or company) *delete as appropriate Claimant s or claimant s solicitor s address to which documents or payments should be sent if different from overleaf including (if appropriate) details of DX, fax or e-mail. End of Examination Paper Page 6 of 8
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