CASE STUDY MATERIALS

June 2018
Level 6
CIVIL LITIGATION
Subject Code L6-15

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES

UNIT 15 – 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 except a Statute Book, where permitted,
into the examination.

 In the examination, candidates must comply with the CILEx Examination Regulations.

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*
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

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CASE STUDY MATERIALS

GUIDANCE FOR LEARNERS STUDYING FOR THE LEVEL 6 UNIT 15

CIVIL LITIGATION EXAMINATION

Learners studying for Level 6 Unit 15 Civil Litigation are advised that,
when revising for these units, they should have knowledge and
understanding of the Civil Procedure Rules and of the Solicitors Code of
Conduct.

Learners are advised that they should be fully familiar with the relevant
current unit specification and may be tested on any aspect of it. Where
Civil Procedure Rules are given in the specification, learners are expected
to be broadly familiar with the content of those rules and their practical
application.

Listed below are the Civil Procedure Rules which learners may find
particularly relevant to this examination:

SRACC

The Principles
Chapter 1

Civil Procedure Rules

Practice Direction Pre-Action Conduct and Protocols

CPR 1

CPR 7 and PD 7A

CPR 18 and PD18

CPR 23

CPR 26

CPR 33

CPR 36

CPR 38

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CASE STUDY MATERIALS

ADVANCE INSTRUCTIONS TO CANDIDATES

You are a trainee lawyer in the firm of Kempstons LLP (Kempstons) of the Manor
House, Bedford, MK42 7AB.

You are in the civil litigation team headed by Douglas Olubisi. Your supervising
partner is Melanie Rogers. Your local County Court Hearing Centre is situated in
Bedford.

You are assisting in the department generally and have been asked to be
particularly involved with the following client matters:

1) Ania Toms (file ref: MR/AT/05/18)

Ania is a new client. Melanie has met with Ania in connection with her making a
claim for compensation for personal injuries arising from a tripping accident.
Further information concerning this case can be obtained from Document 1
(Memorandum from Melanie Rogers).

2) Jacob Hodgetts Ltd (file ref: MR/JH/04/17)

Kempstons is acting on behalf of Jacob Hodgetts Ltd, for whom the firm acts
regularly. Jacob Hodgetts is the Managing Director. Further details of this case
can be obtained from Document 2 (Telephone attendance note), Document 3
(Letter from Kempstons to Briden Wall), Document 4 (Letter from Briden Wall
to Kempstons) and Document 5 (Extract from email from Gillian Matharu to
Douglas Olubisi at Kempstons).

3) Morgan Wong (file ref: DO/MW/21/16)

Kempstons is acting for Morgan in relation to a personal injury claim against his
employer, Sidwell Holdings plc, at whose refuse collection facility he was injured
in the course of his employment. Sidwell Holdings plc is represented by Gane
Patel LLP. Further details of this case can be obtained from Document 6 (Letter
from Gane Patel LLP to Kempstons) and Document 7 (Extract from email from
Morgan Wong to Douglas Olubisi).

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CASE STUDY MATERIALS
DOCUMENT 1

MEMORANDUM

To: Trainee Legal Executive

From: Melanie Rogers
Date: 4 June 2018
Re: Ania Toms v Blink Deliveries
File ref: MR/AT/05/18

I saw Ania recently in connection with making a personal injury claim. On

14 March 2018, Ania had just entered a small boutique called Violet’s Fashions,
which is at 34, High Street, Great Dunford, when she tripped and was injured.
She had walked round a shelf display in the centre of the shop floor and tripped
over a crate containing shoeboxes, which had been delivered to the store by
Blink Deliveries. Ania fell awkwardly and cut her forehead on the shelf display
and split her upper lip, breaking a front tooth. To Ania’s surprise, the owner of
the business, Violet Grainger, was angry with Ania and shouted at her that she
should have watched where she was going, but agreed to call an ambulance for
Ania. She was taken to hospital. Ania received treatment for her injuries and has
been referred to a dental hospital for ongoing treatment for the broken tooth.
Her lip is still swollen, which has made eating and drinking very difficult. The cut
to the forehead has healed, leaving only a very small scar. She has taken only
two days off work and was paid during that time. We discussed funding the case
and she is checking to see if she has any before the event insurance (BEI) cover.

Ania has since spoken to Violet Grainger by telephone and has gone into the
boutique, but Violet refuses to accept blame for the incident and says that she
had been in the back room of the shop when Blink Deliveries made their delivery
and she had not had time to put away the boxes. Violet also says that she does
not own the shop itself, but rents the premises from Shia Khalil. All Violet would
tell Ania is that the boxes had only been on the floor for ‘about 20 minutes’
before Ania fell. She says that Ania should contact Blink Deliveries, as it is the
fault of their delivery man that Ania tripped, as he had left the boxes where they
were and, in any event, Ania is also to blame for tripping. Ania has not yet
contacted Blink Deliveries, as she believes that only Violet Grainger is to blame
for the accident.

As you know, I am a commercial lawyer and it’s been many years since I have
dealt with a claim in this area of law. I do have some capacity and so could take
on the matter, but I need you to investigate and research anything that seems
relevant. If you need help, have a word with Douglas Olubisi, who specialises in
this area. I will catch up with you on this tomorrow afternoon.

Thanks,

Melanie

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CASE STUDY MATERIALS

DOCUMENT 2

TELEPHONE ATTENDANCE NOTE

Fee earner: Melanie Rogers

Attending: Jacob Hodgetts of Jacob Hodgetts Ltd
Date: 28 May 2018
Time engaged: 3 units

Jacob has a new matter for us. Briefly, on 6 September 2017, Jacob’s company
agreed to supply goods to Kay’s Distributors Ltd (KDL), with whom it has done
business over several years. I understand that the goods were various glass and
china ornaments. In accordance with Jacob Hodgetts Ltd’s standard terms, the
goods were delivered the next day (7 September 2017) together with an invoice,
again in line with standard practice. The invoice was in the sum of £24,000,
which was to be paid within 30 days. It was not paid and, when challenged, KDL
complained that the goods were not reasonably fit for their stated purpose. Jacob
takes the view that the complaints raised by KDL have no substance, and were
only raised one month after the goods were supplied.

Apparently, there has been a change of management at KDL, and Jacob thinks
that they are simply being awkward. Jacob has been trying to reach a resolution
since last September and has now reluctantly concluded that they must take
legal action to recover the amount outstanding. He did say that if we can think of
a way to avoid proceedings that would be helpful. He is happy to accept a
reasonable sum in settlement, but not less than £20,000, and we have authority
to settle at that sum if necessary. I told him that I had enough information and
that we would do our best to get on with it as soon as possible.

I mentioned briefly to Jacob that one thing we will need to look at is revising
Jacob’s standard terms of contract, as there are no terms providing for payment
of interest on outstanding sums.

Melanie Rogers

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CASE STUDY MATERIALS

DOCUMENT 3

LETTER FROM KEMPSTONS TO BRIDEN WALL

Kempstons
Manor House
Bedford
MK42 7AB
Briden Wall Solicitors
Court Farm Gardens
Bedford
MK42 7WT

Our ref: MR/JH/04/17

Your ref: GS/KDL/3554/17

15 August 2018

Dear Sirs,

Our client: Jacob Hodgetts Ltd

Your client: Kay’s Distributors Ltd

We thank you for your Defence. We note that liability is denied. However, it is
not clear to us upon what basis that denial is made.

Accordingly we make the following request pursuant to Part 18 and in respect of

which we would be grateful if, within the course of the next 21 days, you would
please provide the requested clarification and information.

County Court Money Claims Centre Case Number: BD18765

Jacob Hodgetts Ltd Claimant

Kay’s Distributors Ltd Defendant

1. Of paragraph 2 of the Defence, please confirm the identity of the person

whom it is alleged telephoned to complain about the goods received on
7 September 2017.

2. Of paragraph 3 of the Defence, please detail in every respect why it is

alleged that the goods provided by our client were not reasonably fit for
their stated purpose.

We look forward to hearing from you.

Yours faithfully,

Kempstons

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CASE STUDY MATERIALS
DOCUMENT 4

LETTER FROM BRIDEN WALL TO KEMPSTONS

Briden Wall Solicitors

Court Farm Gardens
Bedford
MK42 7WT

Kempstons
Manor House
Bedford
MK42 7AB

Our ref: GS/KDL/3554/17

Your ref: MR/JH/04/17

22 August 2018

Dear Sirs,

Our client: Kay’s Distributors Ltd

Your client: Jacob Hodgetts Ltd

We write further to receipt of Notice of Allocation received from the court. We

cannot agree that this matter should be allocated to the fast track, as we are
now instructed by our client to raise a counterclaim. You will appreciate that we
must seek the court’s permission to do so and we are in the process of preparing
an application in this respect.

For the present, please be on notice that our client will claim that, due to your
client’s breach of contract, our client sustained a loss of business as orders could
not be fulfilled. Our client considers its loss to be in the region of £12,000. Our
client also made goodwill payments to disgruntled customers in the sum of
£5,000.

We anticipate that expert evidence will be required with regard to the issue of
fitness for purpose. As you should be aware, the items received from your client
were broken and it is not accepted that the items were broken either in transit or
at our client’s premises. We intend to call one witness.

We trust that you will agree that this matter is suitable for allocation to the multi
track and look forward to receiving your confirmation so that we may agree
proposed directions.

Yours faithfully,

Briden Wall Solicitors

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CASE STUDY MATERIALS

DOCUMENT 5

EXTRACT FROM EMAIL FROM GILLIAN MATHARU TO DOUGLAS OLUBISI

AT KEMPSTONS

14 November 2018

Dear Douglas,

Re: Your client Jacob Hodgetts and my witness statement

Thank you for sending me my witness statement in Jacob’s matter to sign. It

seems so long ago now since we met at your offices. I have done as you said and
read through it very carefully. I am happy with the statement and so I have
signed and dated it at the bottom. I have amended my address and you will now
see that I have left the UK and moved to live in Canada with my son. My email
address remains the same...

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CASE STUDY MATERIALS

DOCUMENT 6

LETTER FROM GANE PATEL LLP TO KEMPSTONS

Gane Patel LLP

Grove House
Bedford
MK42 7XY
Kempstons LLP
Manor House
Bedford
MK42 7AB

Our ref: Sidwell/04/2017

Your ref: DO/MW/21/16

18 June 2018

Dear Sirs,

Your client: Morgan Wong

Our client: Sidwell Holdings plc

Further to the exchange of documents and witness statements in this matter, we

have carefully reviewed our client’s position and given appropriate advice. As a
result, and whilst fully aware of our continuing duty under the overriding
objective, we find your client’s case to lack any merit and we consider your client
to be wholly at risk in pursuing this matter to trial. We are instructed to invite
your client to seriously consider his position. Please be assured that we are
advising our client on its own options to bring this matter to a swift conclusion.

We trust that you will discuss, with your client, the strength of our client’s view
and we look forward to hearing from you as quickly as possible as to the
outcome, to avoid further increase in costs.

Yours faithfully,

Gane Patel LLP

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CASE STUDY MATERIALS

DOCUMENT 7

EXTRACT FROM EMAIL FROM MORGAN WONG TO DOUGLAS OLUBISI

10 August 2018

Dear Douglas,

Re: My claim

Thanks very much for your letter. I know I was supposed to get back to you by
3 August at the latest and sorry it’s taken me longer, but I have been very busy
sorting out moving house.

Well, it is a surprise to actually get an offer of £18,000 from my employer so,

yes, I would like to accept it, please. Certainly it will be very useful with all the
expense of my new house and so I look forward to receiving the money as soon
as possible.

Thanks for all your help.

Morgan

End of Case Study Materials

© 2018 The Chartered Institute of Legal Executives

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