THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION *

Similar documents
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 18 CRIMINAL LITIGATION *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 5 LAW OF TORT *

INSTITUTE OF LEGAL EXECUTIVES UNIT 11 PLANNING LAW *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 12 PUBLIC LAW *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW *

INSTITUTE OF LEGAL EXECUTIVES

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 13 LAW OF TORT *

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 13 LAW OF TORT *

INSTITUTE OF LEGAL EXECUTIVES UNIT 3 CRIMINAL LAW *

The learner can: 1.1 Distinguish between the civil and criminal jurisdiction. 1.2 Explain the scope of civil litigation.

Mandatory Electronic Filing Starting on October 18th, 2018

PERSONAL INJURY CLAIMS

CROWN LAW MEDIA PROTOCOL FOR PROSECUTORS

PERSONAL INJURY CLAIMS

Independent Arbitration Scheme for the Chartered Institute of Management Accountants (CIMA)

THE LMAA SMALL CLAIMS PROCEDURE

RULES OF PROCEDURE OF THE DISCIPLINE COMMITTEE OF THECOLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO INDEX

CHARTERED PROFESSIONAL ACCOUNTANTS OF ONTARIO

Representing Yourself In Employment Arbitration: An Employee s Guide

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES RIGHTS OF AUDIENCE QUALIFICATION SCHEME

1.1 Explain when it is necessary and appropriate to make an interim application to the court

DEFENDING A REGULATORY PROSECUTION

In preparing this response we have drawn on the assistance of FODO s defence lawyers, Berrymans Lace Mawer LLP, in formulating this response.

Regulatory enforcement proceedings

Immigration Practice Rights

David J. Bright MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES

Frequently Asked Questions on Mobility

Your jargon buster for your litigation case.

PARTICULARS OF CLAIM - HOLIDAY CASE

Retail Crime Evidential Pack

CHARTERED PROFESSIONAL ACCOUNTANTS OF ONTARIO

Specimen. Specimen. Specimen. Specimen. pecimen

PORTAGE la PRAIRIE RESOLUTION DOCKET PROTOCOL ADULT CHARGES

Ashton St. Peter s Church of England Voluntary Aided Primary School. Complaints Procedure Policy

Making Further Submissions Advice to Legal Representatives 30 th October 2009

GUIDE TO ASSET FREEZING INJUNCTIONS IN GUERNSEY

EX305. The Fast Track and the Multi-Track in the civil courts. 1. Introduction. 2. Do you need legal help?

LEVEL 6 - UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JANUARY 2016

FREQUENTLY ASKED QUESTIONS

AFFIRMATIVE INSURANCE HOLDINGS, INC. CHARTER OF THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS

Discipline Committee Guidelines

GUIDE TO ARBITRATION

Clinical Negligence: Following Investigation

THE SMALL CLAIMS COURT ACT (No. 2 of 2016) THE SMALL CLAIMS COURTS RULES, 2017

Legal Services Board decision notice issued under Part 3 of Schedule 4 to the Legal Services Act 2007

CENTRAL BANK OF BAHRAIN. Form 5: Application for Registration of Appointed Representative

Ref: L15/2014 New Garda Vetting Form. 18 th June Dear Scouter

PRE-ACTION CONDUCT PRACTICE DIRECTION

IMPORTANT NOTICE. Information that must be set out in notice of adjudication served on residential occupier.

ADGM COURTS PRACTICE DIRECTION 5 CASE MANAGEMENT AND PAPERS FOR TRIAL

WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES

DEFENCE AND/OR COUNTERCLAIM

Central Bank of Bahrain. Form 3: Application for Approved Person Status (Application for approved person status in the Kingdom of Bahrain)

> LEGAL PROFESSION ACT 2004

CASE MANAGEMENT AND MEDIATION IN ONTARIO, CANADA. Case Management is a work in progress

A & A MECHANICAL CONTRACTORS AND COMPANY LIMITED PETROLEUM COMPANY OF TRINIDAD AND TOBAGO

BOTH SIGNATURES MUST BE IN BLUE INK

In cases where there is no Protocol in place then parties are expected to abide by the guidelines set down in Section III of the PDPAC and Annex A.

2018: No. 2 June. Filing: File the amended pages in your Member s Manual as follows:

WESTJET AIRLINES LTD. ("WestJet" or the "Corporation") AUDIT COMMITTEE CHARTER

LEVEL 6 - UNIT 15 CIVIL LITIGATION SUGGESTED ANSWERS - JUNE 2013

GUIDE TO ASSET FREEZING INJUNCTIONS IN THE CAYMAN ISLANDS

Part 3 Authority to Practise Law

Form HC8A APPLICATION NOTICE (general) Page 1. Claim No. PROCEDURE. Full name of applicant (identifying if you are the claimant or defendant)

Please print carefully in black ink and return to the address above

WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses. Alternative Dispute Resolution

Directions questionnaire (Fast track and Multi-track)

Consumer Financial Protection Bureau Finalizes Regulatory Scheme for Remittance Transfers

Accreditation for Migration Purposes

SECTION 1 INTRODUCTORY RULES...

THE LONDON MARITIME ARBITRATORS ASSOCIATION THE INTERMEDIATE CLAIMS PROCEDURE (2012)

THE NEW PRE-ACTION PROTOCOL FOR CONSTRUCTION AND ENGINEERING DISPUTES

Specimen. Specimen. Specimen. Specimen. pecimen

1. Complete the standard tort claim form. 2. Present the completed form in person or mail it to Port of Vancouver USA.

DUBAI INTERNATIONAL ARBITRATION CENTRE RULES 2007 AS OF 22 ND FEBRUARY Introductory Provisions. Article (1) Definitions

Small Claims Court. A Guide for Claimants, Defendants & Third Parties

Form 23 PRE-HEARING CONFERENCE REPORT FOR CROWN APPLICATIONS

A GUIDE TO SERVING ON A STRATA COMMITTEE

OPPOSITION TO GENERAL MOTION A-3. Self Help Center 1 South Sierra St., First Floor Reno, NV

Peace Corps/Uganda Visa Instructions

The Interim Applications Court of the Queen s Bench Division of the High Court. A guide for Litigants in Person

VEECO INSTRUMENTS INC. CHARTER OF THE AUDIT COMMITTEE

CEDR Arbitration Procedure for Surveying Disputes

Brown & Brown, Inc. AUDIT COMMITTEE CHARTER

European Court of Human Rights. Questions & Answers

SUPERVISED LEGAL PRACTICE GUIDELINES

FREQUENTLY ASKED QUESTIONS

Dispute Resolution Service Procedure

AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes)

Aptiv PLC. Audit Committee Charter

Eastern Caribbean Supreme Court Civil Procedure (Amendment) Rules SAINT LUCIA. STATUTORY INSTRUMENT, 2013, No. 5

Guide: An Introduction to Litigation

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS (a), MOTION FOR DEFAULT, AND (b), DEFAULT (03/15)

Index. Adjudicative Facts Judicial notice, Administrative Rules Judicial notice,

CIArb/IMPRESS ARBITRATION SCHEME RULES ( the Rules ) FOR USE IN ENGLAND & WALES

Transcription:

18 January 2018 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 164724 Page 1 of 8

BLANK PAGE Page 2 of 8

Question 1 Reference: Question relates to the Advance Instructions to Candidates in relation to Anton Ferrara in the case study materials and to Documents 1, 2 and 3. Brigitta asks you to draft a letter of claim to Long Meadow Garden Centre. (a) Identify with which pre-action protocol you should comply, giving three examples, other than the parties details, of what should be included in the letter of claim. (5 marks) It is now May 2018. Proceedings have been issued. Charlesworth LLP represents the interests of the defendant. Brigitta has asked you to deal with an urgent query that has arisen in this matter and hands you (Document 1) with Anton s file. (b) Explain how you would respond to the defendant s points that the claim has been issued and served out of time. (5 marks) The defendant accepts the points which are made in relation to issue and service of the claim form, and serves a defence in which liability is admitted. Your client telephones Brigitta to discuss matters and Brigitta makes a note of the conversation (Document 2). (c) Explain, as a result of the information received, what action, other than entering judgment on the admission, Anton should take, and what information will be necessary to enable you to take that action on his behalf. (15 marks) Within two days of speaking with Anton, you receive from the defendant s lawyers a letter (Document 3). You have now received the up-to-date medical report referred to in Document 2. (d) Explain what advice you should give Anton on receipt of the letter (Document 3) and which would be in his best interests. (5 marks) (Total: 30 marks) Turn over Page 3 of 8

Question 2 Reference: Question relates to the Advance Instructions to Candidates in relation to Jules Bosworth in the case study materials and to Documents 4 and 5. You receive Flair Garages Ltd s defence, which you consider carefully. You note that the defence does not deal at all with the allegation set out at paragraph 4 of the Particulars of Claim (Document 4). The defence does deal with the roadworthiness of the car, the repair costs and the car's value. (a) Explain, given the available information above, and the wording of paragraph 4 of the Particulars of Claim (Document 4), whether Jules Bosworth must still prove his allegation that the representation was made, and that the car was not roadworthy. (5 marks) The matter proceeds and, although liability is not conceded, a negotiated settlement is reached. You take Jules further instructions upon receipt of (Document 5) and he agrees the terms set out. (b) Draft the valid order to reflect the terms of agreement set out in Document 5 and explain why such an order is appropriate. (15 marks) Assume that the valid order has been sealed by the court. It is now 15 May 2018. No payments have been made by the defendant. (c) Advise Jules what action he should now take. (6 marks) (Total: 26 marks) Page 4 of 8

Question 3 Reference: Question relates to the Advance Instructions to Candidates in relation to Hana Krawitz in the case study materials and to Document 6. Directions have been given in this matter, including for service of witness statements. No trial date has yet been given. Service of witness statements is due to take place in one week s time. Although you will be able to serve your client s statement on the timetabled date, you will not be able to serve the statement of the independent witness, Mr Felix Shotton, as he has not yet returned his signed statement to you and you understand that he is now on holiday. (a) Consider whether an application to the court may be necessary and, if so, what submissions should be made to the court and why. (12 marks) While deciding what to do about Felix Shotton s witness statement and the impending date for service, Brigitta receives an email from Hana Krawitz (Document 6), which she passes to you to deal with. (b) Explain why you cannot comply with Hana s request (Document 6), bearing in mind your duty to comply with your professional regulatory requirements. (10 marks) (Total: 22 marks) Page 5 of 8 Turn over

Question 4 Reference: Question relates to the Advance Instructions to Candidates in relation to Rawlings Property Development Ltd in the case study materials and to Document 7. You are preparing a list of documents on behalf of Rawlings Property Development Ltd in order to comply with a direction for standard disclosure. Peter Rawlings has sent you all of his documents, but has not sent you a copy of the surveyor s report mentioned in (Document 7). (a) Explain how you should deal with the surveyor s report mentioned in (Document 7) and why. (6 marks) You choose to disclose the surveyor s report. (b) Advise Peter what application the claimant might consider making in these circumstances to conclude the matter before trial and explain why, mentioning any possible submissions which you might make to the court. (9 marks) The claimant s lawyers make the application which you had anticipated. (c) Explain how costs may be dealt with by the court at the hearing. (7 marks) (Total: 22 marks) End of Examination Paper 2018 The Chartered Institute of Legal Executives Page 6 of 8

BLANK PAGE Page 7 of 8

BLANK PAGE Page 8 of 8