Posted: September 13th, 2017

Civil Litigation

Civil Litigation

Order Description

1,375 words or a max of 1,500 (does not include N1 form)

It is expected that case law and statutory references will be used, and any main textbooks or other sources of information used are referenced using OSCOLA (no footnotes are required but a bibliography must be submitted). A case list, statute list (if applicable) and bibliography should be included with the assignment. Please
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Instructions:     Please read in conjunction with the information concerning this assignment found in the module guide;

Thisassignment will count for 40% of your overall mark.

1,500 words (does not include N1 form)

It is expected that case law and statutory references will be used, and any main textbooks or other sources of information used are referenced using OSCOLA (no footnotes are required but a bibliography must be submitted). A case list, statute list (if applicable) and bibliography should be included with the assignment.

“This assessment consists of my/our own work, save that any part which is not my/our own work has been cited as such and attributed to the author. We/I am aware that University regulations relating to plagiarism apply. No component of this work has been submitted in support of any application for another qualification in this University or elsewhere.”

Signed:

Checklist (In the order it should appear in your submission). Tick the box when you have completed the task.

Completed University front cover

Table of cases:    A list of all the cases you have referred to in your assignment.

Table of statutes:    A list of all the legislation you have referred to.

Assignment:    The main body of the assignment should be at least 1.5 line spaced to allow for marking (double line spaced maximum). Work must be in one of the following fonts:  Times New Roman, Arial, Cambria or Calibri. Work must be font size 11 or 12.
Bibliography

Civil Litigation:

You are a solicitor employed by the local firm Coomer & Hall, Hartlepool, TS25 7GH. Joe Coomer, a senior partner at the firm has instructed you to take over the file of a new client Andrew Collins.

You have two tasks to complete:

Task 1 – Write a letter to the client
Task 2 – Complete a N1 form on behalf of Andrew Collins.

Please see the documentation below including instructions from Joe Coomer and the client’s file.

Document 1: Memorandum from Joe Coomer

Document 2:  Interview notes relating to Andrew Collins accident.

Document 3:Email from Joe Coomer

Document 1

MEMORANDUM

From: Joe Coomer
Re: Collins v The Oakfield

Hello,

I have just had a meeting with a new client Andrew Collins; 12Linthorpe Street, Hartlepool TS25 7BG. Following from our initial interview he has instructed our firm to act on his behalf in relation to an accident he had whilst out for dinner with work colleagues at a local restaurant ‘The Oakfield’.

I have researched the injuries suffered by Andrew Collins and the guidelines indicate that compensation is likely to fall at £15,000 for the injuries he sustained. I have already put this figure to Andrew who has agreed and instructed us to start proceedings.

I need you to write a letter (Task 1)to Andrew Collins advising the following:

1.    Pre-action steps we need to take and why
2.    Inform him of the procedure for commencing his claim and
3.    Advise him on how it will be decided which track the claim will be allocated.

N.B All correspondence/court documents from this firm but be sent in my name.

Thanks

Joe

Document 2

Attendance Note

Date: xx/10/14
Attending: Joe Coomer/ Andrew Collins
Matter: Personal Injury – Salmonellosis

1.    Date of Accident: xx/04/15
2.    Address of Accident: The Oakfield, Marine Estate, Hartlepool, TS24 6TP.
3.    Andrew Collins 87ElizabethWay, Hartlepool TS25 1HG,has instructed the firm to act on his behalf; he wants to bring a personal injury claim against ‘The Oakfield’ restaurant after he ate chicken and contracted Salmonellosis.
4.    After eating the chicken dish that was currently on the ‘Specials Menu’ he suffered severe vomiting, stomach cramps and diarrhoea and had lost a lot of weight.
5.    Andrew Collins’ work colleagues also ate the dish and contracted Salmonellosis also. Andrew confirms that the other colleagues have already contacted other firms and are currently issuing court proceedings.
6.    He was originally taken to North Tees Hospital, Hardwick Road, Stockton-on-Tees, TS19 8PE.
7.    Dr Ali assisted Andrewat the hospital and had informed Andrew he had contracted Salmonellosis – Salmonella poisoning.Dr Ali highlighted in the medical report that Andrew had to have an operation for a related condition. (Medical Reference: DA/16559/AC)
8.    As a result, Andrew had to take a substantial amount of time out of work, which resulted in a loss of earnings. Andrew returned to work last week.

Signed: J Coomer
Date: 03/07/15

Document 3

Thank you for writing the letter to Mr Collins, unfortunately the defendants have failed to respond to any of our correspondence and requests for ADR. As the defendants have failed to answer we need to commence proceedings. I would be obliged if you could complete the N1 form on Mr Collin’s behalf (Task 2).

N.B All correspondence/court documents from this firm must be sent in my name.

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