Civil Litigation custom essay

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ASSESSMENT QUESTION :

ANSWER ALL PARTS OF THE QUESTION. TOTAL MARKS AVAILABLE 100.

For the purposes of this question you are a trainee solicitor in a firm of solicitors, Helmore and Co of 1, The Square, Saffron Walden, Essex.

Question 1 34 marks in total

Word limit 1100 words

Your supervisor, Hilary Helmore has asked you to prepare a note for a meeting with a client called Kamran Gul and Associates Ltd (“KG Ltd”), a technology business, which is trying to recover a debt from a business debtor, Adnan Khan. Ms Helmore has not yet met the client, but their managing Director, Kamran Gul, has arranged to come to your firm’s offices shortly for advice on the claim. Ms Helmore is unable to meet Mr Gul and has asked you to attend the meeting and advise Mr Gul.

The background to the client’s claim is as follows. KG Ltd has designed and sells a software package (known as KG Debt Management 2012) which enables businesses to process debts more efficiently. KG Ltd delivered the software licence for KG Debt Management 2012 to Mr Khan on 1st February 2012. Prior to this, a quote for £16,000 dated 13th January 2012 was accepted by Mr Khan for purchase and installation of KG Debt Management 2012. There was no contract other than the quote dated 13th January, a copy of which was countersigned by Mr Khan. In December 2011, Mr Khan had attended KG Ltd’s offices and had seen the KG Debt Management 2012 system in operation at KG Ltd’s offices. Mr Khan paid £2,000 on 28th January 2012, as obliged to do under the quote which stipulated this was due before installation of the software. The quote stated that the balance was due within 14 days of installation of the software. Mr Gul has attempted to speak personally to Mr Khan about the debt, but none of his calls has been returned. The software was installed by a technician, Paul Smith (trading as Saffron Walden Office Supplies Ltd), who has a separate contract with KG Ltd to install KG Debt Management 2012. Mr Gul has received complaints from other customers that Paul Smith has performed poorly on occasions and Mr Gul is considering employing a specialist technician to allow KG Ltd in future to install the KG Debt Management 2012 software itself rather than relying on Saffron Walden Office Supplies Ltd.

Mr Gul wants to recover the debt as soon as possible. In preparation for your meeting with Mr Gul, Ms Helmore has asked you to draft a note (of not more than 1,100 words) dealing with the following seven issues:

1 What steps would KG Ltd need to take prior to issuing proceedings?

4 marks

2 What matters should be dealt with at the forthcoming meeting with Mr Gul?

3 marks

3 Which Court should proceedings be issued in, were that step to become a necessity? 3 marks

4 What is meant by “disclosure” and what documents would KG Ltd disclose in this action?

5 marks

5 Draft a Particulars of Claim in this action.

10 marks

6 What “track” might this claim be allocated to and why; and what “directions” might be given by the Court? Support your answer with reference to the Civil Procedure Rules.

3 marks

7 Supposing KG Ltd were to succeed in their claim what options are available to the client for enforcement of the award

6 marks

Question 2
28 marks

Word limit 800 words

Ms Helmore has just concluded a meeting with a client, Quanticus Ltd, a privately owned investment bank located at 1 Broad Street, London EC1 1AB. The Chairman of Quanticus, Max Standing, has been informed by the Metropolitan Police’s Fraud Squad that they are investigating one of Quanticus’ clients, Umar Kashoggi, for suspected fraud. Various news media have also published reports in recent weeks about an investment scam perpetrated by Mr Kashoggi in which Quanticus have unwittingly become involved, as a result of which Mr Kashoggi owes Quanticus approximately £120,000. Mr Standing has learnt from an enquiry agent he instructed, that Mr Kashoggi owns an expensive property in West London which is registered in the name of an offshore company.

Draft a letter (of not more than 800 words) to Mr Standing outlining what step you recommend taking in the circumstances as a precursor to recovering the debt from Mr Kashoggi. You should fully explain the procedure involved with, and the grounds required for, taking this step.

AND

Question 3
38 marks

Word limit 1100 words

“The Law Society has welcomed the government’s decision to defer civil litigation reforms until April 2013. Part two of the Legal Aid, Sentencing and Punishment of Offenders Bill, which incorporates the changes proposed in the Jackson recommendations on ‘no win, no fee’ arrangements, were expected to be implemented this October.” (The Law Society website, February 2012).

Describe in not more than 1,100 words the civil litigation reforms referred to and comment on why the Law Society might welcome the delay in implementation of the reforms.

Specific assessment criteria for this module.

A CONTENT

1.Fact Analysis

Students should demonstrate the ability to identify relevant facts and, where appropriate, factual ambiguities or omissions.

2.Identification of Issues

Students should demonstrate the ability to identify the legal issues and procedures raised on the facts.

3.Research

Students should demonstrate that they have undertaken appropriate research of both primary sources (e.g. rules, cases and statutes) and secondary sources (eg journal articles and texts). Where relevant all legal authorities and other source material should be properly cited and a bibliography included.

4.Analysis of the Law and Application to the Question

Students should demonstrate the ability to analyse and evaluate the relevant law and procedure, recognising gaps and inconsistencies, and to apply it to the issues raised by the facts of the assessment. Where the question expressly requires, the law and procedure should be subjected to critical analysis and a consideration of its wider context.

5. Conclusions

Students should demonstrate the ability to reach appropriate conclusions drawn from their analysis of the law and of the issues raised by the question. Depending upon the nature of the question, such conclusions may appear in the course of analysis or in a concluding section.

B PRESENTATION

1. Structure
2. Clarity of expression
3. Conciseness
4. Grammar, Spelling and Punctuation
5. Presentation and expression are appropriate to the context

reference using the OSCOLA system

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