2223 Dis ws10 Ce02 Tasks

DISPUTE RESOLUTION (KNOWLEDGE)
Unit Workshop 10
Tasks
Workshop Task 1
You continue to act for Hamblings Securities Limited in the claim brought by Oscar
Azevado. Shortly before the deadline for the exchange of witness statements you
receive an email from Plectons(Mr Azevado solicitor). You note that it begins, “Dear
Oscar” and states that it attaches a copy of an opinion from a barrister on the merits
of the claim.
You ask your supervising solicitor if you should open the attachment and read
the barrister’s opinion. She tells you to research the answer and meet with her
later to discuss the arguments for and against reading it and your own
conclusion.
Principle 7 act in the client’s best interest

Relevant information merit’s of C’s case possibly councel’s view of D’s case
Make client aware of all important material to their matter SRA code 6r
Solicitor’s para 6.4
Principle 1 uphold mle of law / admin of justice
Principle 5 act with integrity
Councel’s opinion prepared for c is clearly privileged explain…..
Clear mistake disclosure (“dear Oscar in email”)
Shouldn’t read the email without the attachment being opened (will delete the
email and then send new mail)
Workshop Task 2
The following sets out extracts from the witness statement of David Julian Jowell in
the case of Oscar Azevado v Hamblings Securities Limited
From the extracts provided below, identify any errors or omissions in relation
to the formalities required when drafting a witness statement.
Answer this Task:
 first by quickly identifying the legal principles involved in each error and
omission, and
 second (subject to the time allowed by your tutor for the Task) by
reference to the CPR from which the relevant legal principles are
derived.
714807456.docx 41 © The University of Law Limited

On behalf of the Defendant
D. Jowell
Formalities of a witness statement
WITNESS STATEMENT OF DAVID JOWELL
I, David Jowell of Flat 4, 10, Park Road, (Address shouldn’t be personal )

busoness one Greenwich, London WILL SAY AS FOLLOWS.
Missing heading
Occupation
Not signed
Main body should be numbered
He is connected to the one of the parties
Dates and figured need to be corrected
SOT format
The facts and matters set out in this statement are within my own knowledge
unless otherwise stated. Where I refer to information supplied by others, the
source of the information is identified.
I first met Oscar Azevado, the Claimant in these proceedings, in 4/xx13. He had
been a customer of the Defendant since 1/xx08 and the opening value of his
portfolio at that time was £5 million. Following my initial meeting with him I sent
him a letter dated 27/4/ xx13 which confirmed my discussion with him.
[Continues….]
Ending
Statement of truth: The facts stated in this witness statement are true as far as I
know.
………………………………………..
David Jowell
© The University of Law Limited 42 714807456.docx

Workshop Task 3
FOR THIS TASK ONLY you are a Trainee in Plectons, the firm acting for Oscar
Azevado.
A first draft of the witness statement of Oscar Azevado is prepared. It contains the
following statements.
1) I am well-known throughout Colombia as a supporter of the Colombian national

football team.
Its irrelevant and not admissible
2) I could not have authorised some of the transactions as there is no record of

any telephone calls at the time the purchases were made.
Relevant to issues in dispute so its admissible
3) My friend, William Nicolson, used to use Hamblings’ services but he told me he

stopped using them as David Jowell often did not follow his instructions.
Its relevant to issues in dispute so admissible

Hearsay evidence – weight CEA s.4
4) David Jowell was not as diligent with the paperwork as he should have been.
He often promised to confirm advice in writing but then did not send a letter or
email.
Relevant to issues in dispute first sentence is opinion but arguably within his
personal perception its admissible
5) My friend, Valerie Marx, who is an investment analyst, has told me that a

portfolio managed on a conservative basis in accordance with the objectives of
capital preservation and long term growth should contain no more than 55%
equities.
That’s relevant
Its admissible if notice is given
6) David Jowell is incompetent.
Not relevant that’s pure opinion but case would be different if there were some
examples and there is no other way of finding the fact then opinion will be
admissible
So this is not admissible
7) When I complained to David Jowell about the purchase of the bonds from Brazil
he told me that they had been purchased on my instructions, which was not
true.
Its relevant
Consider each of the statements above and decide which would be admissible
in evidence at trial (and so should remain in the witness statement) and which
would not be admissible (and so should be removed). You must have reasons
for your answers.
714807456.docx 43 © The University of Law Limited

Workshop Task 4
Identify which of the following statements concerning experts are TRUE and
which are FALSE. Ensure that you can briefly explain each answer.
1. Experts owe a duty to exercise reasonable skill and care to those instructing
them. True. section 13 SGSA 1982
2. An expert may be the employee of one of the parties. True. See field v Leeds
city council
3. An expert should not assume the role of an advocate. True. Appendix A21
4. Instructions from a solicitor to an expert witness are privileged from inspection

by other parties. False. S.35.10(3) 35.10(4)
5. If an expert’s report is unfavourable to the party who requested it that party

does not have to disclose it. False
© The University of Law Limited 44 714807456.docx

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DISPUTE RESOLUTION (KNOWLEDGE)

Principle 7 act in the client’s best interest

Answer this Task:

714807456.docx 41 © The University of Law Limited

I, David Jowell of Flat 4, 10, Park Road, (Address shouldn’t be personal )

© The University of Law Limited 42 714807456.docx

1) I am well-known throughout Colombia as a supporter of the Colombian national

2) I could not have authorised some of the transactions as there is no record of

Relevant to issues in dispute so its admissible

3) My friend, William Nicolson, used to use Hamblings’ services but he told me he

Its relevant to issues in dispute so admissible

5) My friend, Valerie Marx, who is an investment analyst, has told me that a

714807456.docx 43 © The University of Law Limited

4. Instructions from a solicitor to an expert witness are privileged from inspection

5. If an expert’s report is unfavourable to the party who requested it that party

© The University of Law Limited 44 714807456.docx

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