Unit 1 Civil Litigation - Level 7 Diploma In Paralegal Practice

Resit Assignment

You act for Luka Pocket who sustained an injury on a giant swing at an adrenalin centre. Unfortunately, the member of staff supervising the ride didn't secure one of the ropes properly and when the swing was released at 40 mph over an 80 foot drop the rope wrapped around Luka's arm causing severe friction burns which had to be treated with skin grafts.

Question 1. (a) Explain to Luka what protocols must be followed at the start of the case. (200 words)

(b) Luka does not have any money to fund the litigation. Write a letter to Luka with advice on the various options available to him. (350 words)

(c) Luka also wishes to discuss what remedies the court can order. Although he would like compensation for his injuries he also wishes better safety measuresto be put into place at the centre to avoid anyone else getting hurt in the future. (200 words)

Question 2. (a) The adrenalin centre does not respond to your initial correspondence at all. Outline and analyse how proceedings will be issued including the contents of the statement of case and what options the adrenalin centre will have to responding to the claim. (300 words)

(b) If the adrenalin centre ignores the claim form, discuss what option is available to Luka to bring this claim to a swift conclusion. (100 words)

(c) The adrenalin centre produces a weak defence. Outline what procedures can be followed to avoid wasting court's time. (200 words)

Question 3. The adrenalin centre files a very brief defence which states that the rope was secured properly and that Luka pulled on it. The defence is ludicrous and has no merit. However, they refer to CCTV which you have not yet seen. Discuss the options available to Luka at this stage. (200 words)

Question 4. (a) You believe that Luka's case is worth in the region of £30,000. Explain how the case will be allocated including any directions the court are likely to make. 350 words

(b) Had the injury sustained only be worth £5000 how would the allocation by the court and procedures differ?(200 words)

Question 5. (a) You have now had sight of the CCTV which is inconclusive. This therefore needs to be reviewed by an expert. Discuss how an expert will be appointment and what their report should contain. (200 words)

(b) Outline and analyse the process of Disclosure and Inspection and discuss the various exemptions. (200 words)

Question 6. The adrenalin centre is concerned at the adverse effects the publicity may have on them and offer to settle before trial and make a Part 36 Offer of £25,000. What are the consequences of this and advise Luka as to whether this should be considered? (200 words)

Question 7. Summarise the Pre-Trial Review procedure and outline the format and contents of the trial bundle and the procedure that will be followed at the trial. (200 words)

Question 8. Assuming the case is worth £30,000 outline how the trial will be conducted on the day including the likely timescales involved. (200 words)

Question 9. If Luka is successful at trial and the judge awards costs, analyse how the costs will be assessed if these are awarded to Luka. (350 words)

Question 10. If Luka is unsuccessful at trial, outline and evaluate the procedure to follow should he wish to appeal.
(200 words)

Question 11. Luka is successful and is awarded £35,000 plus costs. The adrenalin centre has not yet paid. Discuss what options are available to enforce judgment against the defendant. (350 words)

Attachment:- Civil Litigation.rar