January 2016 Level 3 CIVIL LITIGATION Subject Code L3-9 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 9 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 these case study materials. You will be required to answer all the questions on the examination paper. You should familiarise yourself with these case study materials prior to the examination, taking time to consider the themes raised in the materials. You should take the opportunity to discuss these 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 relate to these 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 CILEx Examination Regulations. Turn over * This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL SERVICES KNOWLEDGE QUALIFICATIONS Page 1 of 8
ADVANCE INSTRUCTIONS TO CANDIDATES You are a trainee lawyer employed by the firm of Kempstons of Manor House, Bedford, MK42 7AB. You work in the civil litigation department and your supervising partner is Vyoma Kapur. As part of your continuing training, Vyoma has left a number of files that you will need to work on, together with a memorandum providing some background information on those files. Document 1 Document 2 Document 3 Document 4 Document 5 Memorandum from Vyoma Kapur to trainee lawyer Incident Report compiled by Vyoma Kapur concerning Anthony Ellington Draft Witness Statement of Sally Davis Telephone Message from Helen Butcher Copy of Letter of Claim from Harry Lotts relating to Kempston Safari Park Ltd Page 2 of 8
DOCUMENT 1 Memorandum To: From: Date: Trainee Lawyer Vyoma Kapur [Today s Date] Please ensure that you read through the files carefully and consider what needs to be done. To assist, I have provided this brief summary. 1. The Anthony Ellington file (file ref: AE/VK/15/153). As you will see from the incident report (Document 2), this case involves a substantial sum and will require immediate action, as Mr Ellington does not have sufficient funds to carry out the required repairs. I have found out that Mr Matlin is the sole owner of Terrington Tree Surgeons. Up to six months ago he was a landscape gardener, never having been involved in tree surgery before his recent change of career. 2. The Sally Davis file (file ref: SD/VK/15/23). You will find on file a draft witness statement from Sally Davis (Document 3). You will see on the file Counsel s Opinion [not reproduced], which indicates that the damages are likely to be in the region of 29,000 32,000. Sally Davis needs to attend the office to discuss further the way forward. Please arrange to see her at the earliest opportunity. 3. Helen Butcher will be coming to the office next week. Please interview her and open a new file. A copy of the recent telephone message (Document 4) will need to be put on the file. 4. The Kempston Safari Park Ltd file (file ref: KSP/VK/14/224). Our client, Kempston Safari Park, has received a Letter of Claim from Harry Lotts (Document 5). Peter Sintra, the Managing Director of the park, does not deny that the meat was supplied, but maintains that the quality was so poor that Mr Lotts was requested to come and collect it. He has failed to do so despite several requests. The meat is taking up valuable space in the park s freezer and needs to be collected as soon as possible. Page 3 of 8 Turn over
DOCUMENT 2 Incident Report Relating To Anthony Ellington Anthony Ellington has owned Partridge Cottage in Kempston for the last ten years. On 22 August 2015, Mr Ellington contacted Terrington Tree Surgeons to cut down a 30 metre high white willow tree, which was close to the cottage and was starting to undermine the foundations of the building. It was not subject to a tree preservation order, nor was it in a conservation area and so it could be cut down without the need to obtain permission from the local authority. On 29 August 2015, Mr Danny Matlin from Terrington Tree Surgeons arrived to cut down the tree. Mr Matlin proceeded to use a chainsaw to cut down the 30 metre high tree at its base. Upon seeing this, Mr Ellington indicated to Mr Matlin that should the tree fall in the direction of the cottage, it would cause a great deal of damage. Mr Matlin stated that he knew what he was doing and no harm would come to the cottage. Despite his reservations, Mr Ellington allowed Mr Matlin to continue cutting down the tree. Unfortunately, when the tree fell, it hit the corner of the cottage, causing a great deal of damage. Mr Ellington confronted Mr Matlin, who claimed that he was not responsible as the wind had changed direction and it was this that had caused the damage, not his lack of skill. He reminded Mr Ellington that when he initially contacted Terrington Tree Surgeons, he was given the option of taking out insurance, but he had declined to do so. As an offer of goodwill, Mr Matlin indicated to Mr Ellington that he would not charge him for the felling of the tree. Furious with the attitude of Mr Matlin, Mr Ellington ordered him to leave the property at once and then contacted his insurer to see whether his building insurance would cover the cost of the repairs. The insurer indicated that the policy did not cover damage in these circumstances and that he should seek compensation directly from Terrington Tree Surgeons. Mr Ellington has obtained three quotes from reputable builders, which are on file [not reproduced]. From these, it is clear that the cost of the repairs will be in the region of 37,000. Page 4 of 8
DOCUMENT 3 Draft Witness Statement of Sally Davis My name is Sally Davis and I live at 21 Leventon Street, Kempston, MK42 7RT. On 3 April 2014, I was given a voucher for a ride in a hot air balloon as a birthday present. The voucher was to be redeemed with Magic Dragon Balloons Ltd and I telephoned to arrange the flight for 18 July 2014. On the day that the flight was to take place, I arrived at Kempston Airfield from where the balloon was to take off and was told that the weather conditions were good and that we would take off at 7.00 am. It seemed windy, but I was reassured by Mr James Titmuss, the pilot, that the conditions were perfect and that the ride would be wonderful. I was to be the only passenger on that day s flight. Once we took off, it was clear to me that there were problems, with Mr Titmuss struggling to control the flight and the balloon gaining and losing altitude at an alarming rate. I was so concerned that I asked Mr Titmuss to land the balloon at the earliest opportunity. He replied that he would do so as soon as possible, but that I had nothing to worry about. He also stated that as I was terminating the balloon flight, I would not be able to get a refund or rebook without further cost. The balloon descended at an alarming rate, hitting the ground with such force that I was catapulted out of the basket, consequently suffering multiple fractures to my left arm and leg. I cried out in pain and Mr Titmuss used his mobile phone to contact an ambulance. I was taken to the nearest hospital, where I received treatment for my injuries. I am not able to move either my arm or leg as much as I could before the injuries and this has affected my ability to undertake my hobbies of tennis and badminton. The injuries I sustained were as a direct consequence of the negligence of Mr Titmuss and therefore Magic Dragon Balloons Ltd should pay damages for those injuries. Page 5 of 8 Turn over
DOCUMENT 4 Telephone Message from Helen Butcher Date: [Today s Date] For: Vyoma Kapur Taken by: Jon Callaway (Administrative Assistant) Re: File Time: Call taken at 2.35 pm Helen Butcher telephoned concerning injuries she has sustained while visiting her elderly parents in sheltered housing. The sheltered housing is owned by Middleton Local Authority and the matter involved the state of the pathway in front of the sheltered housing. After looking at your diary, I have arranged the interview for next Tuesday at 10.45 am. Page 6 of 8
DOCUMENT 5 Copy of Letter of Claim from Harry Lotts relating to Kempston Safari Park Ltd Harry Lotts Kerrypott Farm Kempston MK37 4TB [Date] Kempston Safari Park Ltd The Uplands Kempston MK45 8FG Ref: HL/09/15 Dear Sirs Re: Outstanding Invoice 007 for 14,700 Two months ago I supplied your company with 30 sides of beef to feed your animals and you have ignored my previous correspondence and failed to pay the invoice. If I do not receive full payment in the next two weeks, proceedings will be issued for the recovery of the outstanding 14,700. Any legal costs associated with the claim will be sought from you. Yours faithfully Harry Lotts End of Case Study Materials 2016 The Chartered Institute of Legal Executives Page 7 of 8
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