CASE STUDY MATERIALS

January 2017
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 text books 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

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 and your
supervising partner is Mark Jones. Your local County Court Hearing Centre is
situated in Bedford.

You arrive at work on Monday morning and receive a call from Mark. He advises
you that he is unable to come into the office and asks that you cover his
appointments. He has also asked that you check his post and progress any
matters that require attention.

He briefly mentions the following cases:

1) The Eddie Meade file (file ref: EM/AT/78/16)

Kempstons is acting for Eddie Meade in connection with his claim for personal
injuries that he sustained at work. Further information concerning this case can
be obtained from Document 1: An Internal Memorandum, Document 2: Draft
Proof of Evidence, Document 3: A Medical Report and Document 4:
Correspondence, attached to these case study materials.

2) The Fish World of Tropics file (file ref: FWT/AT/68/16)

Kempstons is acting for Fish World of Tropics in connection with its dispute with
the local authority. Further details of this case can be obtained from Document
5: An Email from the client, Yolanda Wakehurst, attached to these case study
materials.

3) The Tashwara Kaur (TK) file (file ref: TK/AT/53/16)

Kempstons is acting for Tashwara Kaur in connection with her claim for personal
injuries that she sustained as a result of a road traffic accident. Further
information concerning this case can be obtained from Document 6: An
Attendance Note with Miss Kaur, attached to these case study materials.

4) The Cavendish Management Consultancy LLP (Cavendish) file (file ref:

CMC/AT/52/16)

Kempstons is acting for Cavendish in connection with a claim for breach of

contract. Further information concerning this case can be obtained from
Document 7: An Internal Memorandum attached to these case study materials.

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DOCUMENT 1

Kempstons Internal Memorandum

From: Mark Jones

To: Trainee lawyer

Client: Eddie Meade

Matter: Accident at work

Date: 1 December 2016

I have recently seen this new client and would like you to assist me with his
claim, should he decide to pursue this.

Mr Meade had an accident on 7 November 2015 at the premises of Natural Rock

Ltd, which is a natural stone paving and flooring specialist. He was at Natural
Rock in connection with his job as a delivery driver. He was walking through its
Quarry Lane depot in the dark, when he tripped over a pile of flagstones and
landed heavily breaking his leg. This seems to have been quite a nasty injury.

Mr Meade brought in a copy of the hospital discharge summary (Document 3),

which describes his treatment and recovery. Occasionally, he still gets aches and
pains in his leg. On the basis of what Mr Meade has told me and the contents of
the hospital discharge summary, it appears that general damages for his pain,
suffering and loss of amenity should be in the region of £17,500. His son is at
law school and, with his help, Mr Meade has prepared a list of the expenses he
has incurred as a result of his accident (included in Document 2).

Mr Meade never went back to his driving job and was unemployed for some time,
following the accident, but is now working for the local Council.

I have given him some preliminary advice on funding and he is getting back to
us on this.

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DOCUMENT 2

DRAFT PROOF OF EVIDENCE OF EDWARD VICTOR MEADE

1. I live at Flat 3B, Elmers House, Luton, Bedfordshire, LU3 5HP. I am 56

years old; my date of birth is 6 June 1960.

2. I am now employed as a post room clerk by Luton Borough Council but I

am seeking advice concerning an accident I had at the premises of Natural
Rock Ltd, natural stone paving and flooring specialists, at Quarry Lane,
Luton. At the time, I was working as a delivery driver for Ace Couriers.

3. I had made a few deliveries there before and got to know a couple of the
men who work there; Ray Kenton, who I’ve seen at Luton Town football
matches, and Jeff Hunter, the supervisor.

4. At about 6.30 pm on 7 November 2015, I had some replacement tiles to

drop off at Natural Rock along with some paperwork. When I got there and
before I unloaded the van, I wanted to use their outside toilet, so started
to make my way through the lorry park to the yard at the back. It was
dark by then, but there were lights at the main gates and on the side of
the warehouse which came on automatically. However, these did not
illuminate the whole site.

5. I had to make my way through the yard in what little light there was and,
as I went into the back yard from the lorry park, I tripped over something
and I landed heavily on my right side on an uneven, hard and sharp
surface. I was quite shaken up by my fall and it took a while for me to
gather my senses. When I did so, I realised that my right hand and elbow
were grazed and bleeding but, much worse, I had seriously injured my
right leg.

6. I was in a lot of pain but managed to turn myself so that I could reach into
my pocket with my uninjured hand to reach my mobile phone. I knew I
needed an ambulance but there was no point in dialling 999 as the
ambulance would not be able to get through the security gates. I
telephoned Ray Kenton, as I knew he had a set of keys. He was not very
happy about it to begin with, as he was just starting his tea, but, when I
told him I was hurt, he said he would come in straightaway.

7. I must have been lying there, hurt and in the dark, for about half an hour,
although it seemed much longer. Then, suddenly, there were lights and I
could see Ray running towards me. I could also see what I had done; I
had tripped and fallen into a pile of flagstones which had been left in the
entrance to the back yard.

8. The ambulance arrived not long after Ray, so I think he must have called
them on his way. I was taken to Luton County Hospital. There, I was
cleaned up and X-rayed and then told I had broken my right thigh bone
and needed surgery the next morning. Afterwards, the doctors told me
that they had put the bone back into position but had had to use a plate
and screws to fix it there. I was in hospital for nearly two weeks and then
in plaster followed by a brace for about three months. After I was

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discharged from hospital, as I live alone, my daughter had to take unpaid
leave from her job so she could come and stay with me for four weeks to
look after me while I was in plaster.

9. I made slow but sure progress. By early March 2016, I was getting around
reasonably well, although I was being careful, and the hospital doctors
seemed pleased with my recovery when they saw me in the fracture clinic
in the late spring.

10. I now walk more or less normally. Sometimes, I do get aches and pains in
my right upper leg and knee if I try to do too much, particularly a lot of
stretching or bending. This seems to be worse in cold weather. I have
spoken to my GP about this and he says, if this gets to be a problem, he
will refer me to hospital as I may need to have the plate removed. I would
rather avoid more surgery, if I can.

11. After the accident I decided that being a delivery driver was not really for
me and I agreed with Ace that I would not go back to work and they would
give me one month’s full pay. After that I was on Employment and
Support Allowance until I started my job at the Council on 7 August 2016.
I was lucky to get this and I am on better money there, so I suppose
things have turned out quite well for me in the end, so far as work is
concerned

12. After I came out of hospital, I talked to Ray about what had happened. He
said it looked like the flagstones had just been dumped rather than being
stacked safely and securely in the yard, as they should have been. This did
sometimes happen when a crew got back late.

13. I believe Natural Rock owes me compensation, particularly as my leg is

still painful sometimes, as they could have prevented my accident. It has
been a while since my accident; my first priorities were to get better and
then get a job, but now I feel ready to pursue this. I did write to Jeff
Hunter about compensation. I would prefer to resolve this without having
to go to court, so I can put this all behind me, but will do so if I have to.

14. I have the following losses:

Loss of earnings until I started work at the £8,800

Council

Daughter’s loss of income at £200 per week for

four weeks £800

Cost of replacing damaged clothing

Trousers £50
Underpants £6
Socks £5
Shirt £35 £96
Travelling expenses to attend hospital
outpatient appointments £45

£9,741

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CASE STUDY MATERIALS

DOCUMENT 3

Luton County Hospital

Bedfordshire NHS Trust
Thames Road
LUTON
Bedfordshire
LU2 9LM

Telephone: 01582 772211 (orthopaedics)

Our reference VP/4592014

Dr G. Irwin
The Surgery
43 Dunstable Road
LUTON
Bedfordshire
LU5 5JT

Dear Dr Irwin

Discharge summary 10 March 2016

Eddie Meade DOB 6 June 1960

This patient was admitted under my care, from our Accident and Emergency
Department, following an injury at the premises of Natural Rock, where he was
making a delivery on 7 November 2015. Mr Meade is a delivery driver and had
fallen over a pile of flagstones in the dark, injuring his right upper leg and
grazing his right hand and elbow.

Initial treatment

X-rays showed a comminuted fracture of the upper part of the right femur and
associated soft tissue injury. The wounds were cleaned, and the fracture reduced
under general anaesthetic and held in place with a plate and seven screws.

Post-operative progress

He was discharged from the ward on 18 November and reviewed thereafter in

my fracture clinic. On 30 December, his plaster was replaced by a cast brace
allowing knee movement together with a pelvic support to allow hip movement.
When he was reviewed on 26 February 2016, the cast brace was removed and he
was allowed partial weight bearing for two weeks followed by full weight bearing.

I reviewed Mr Meade today and discharged him from the clinic.

Present condition

Mr Meade still complains of intermittent jabbing pain on the inner side of his right
knee and a clicking type of sensation underneath his right kneecap when he
bends and straightens his knee. He says he has full movement in the knee and
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CASE STUDY MATERIALS

that it is quite strong. He also complains of some slight discomfort in the scar
over the outer side of his right thigh and some numbness beneath the scar. He
feels he now walks a little more slowly. X-rays taken today show satisfactory
healing following fixing with the plate.

On examination, Mr Meade has a scar 32 cm in length on the outer side of the

right thigh through which the femur was plated. Posterior to the lower part of the
scar, for a distance of approximately 6 cm, there is an area of impaired
sensibility to touch. There has been some thickening of the thigh.

Movements of the hip appear to be normal. There is a very small rotational

deformity at the fracture site, which gives the impression that there is an
excessive degree of internal rotation of the hip and a fractional loss of external
rotation as compared with the other side. There is no significant difference in leg
lengths.

There is an excessive degree of extension of the knee (recurvatum deformity),

but Mr Meade states that his knee has always been like this. There is a slight
laxity of the ligaments around the knee so that a small amount of rocking from
side to side and forwards and backwards is noted.

Mr Meade’s treatment and progress to date have been very typical for this injury.
On the whole he has made good progress. He is able to walk unaided. He
complains of only minor discomfort, although he has not yet been able to resume
activities involving stretching and bending.

If the plate causes him pain in future, re-refer him as we may need to think
about removing it. This would require reopening the scar site and would
necessitate another period in hospital of about five days. After removal of the
plate, I would not expect Mr Meade to get any further problems with his leg other
than an occasional ache and twinge in inclement weather.

Yours sincerely

Vijay

Vijay Patel FRCS

Consultant Orthopaedic Surgeon

cc Mr E. Meade, Flat 3B, Elmers House, Luton, Bedfordshire, LU3 5HP

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DOCUMENT 4

Flat 3B
Elmers House
Luton
Bedfordshire
LU3 5HP

10 March 2016

Jeff Hunter
Supervisor
Natural Rock Ltd
Quarry Lane
LUTON
LU2 8GJ

Dear Jeff

My accident on 7 November 2015

You may remember I broke my leg at your premises. I certainly cannot

forget it – I walk more carefully now and suffer the occasional ache and
pain.

I never went back to Ace Couriers and things were tough for me for a long
time afterwards, what with my leg in plaster and everything and only
having my dole money to live on.

Though I now have a good job at the Borough Council, I still need help
getting things back on track. I am therefore writing to request some
compensation for my accident as it is clearly Natural Rock’s fault that it
happened.

Cheers

Eddie (Meade)

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DOCUMENT 5

Email

Dated: 20 December 2016

From: y.wakehurst@fishworld.co.uk

To: M.Jones@Kempstons.co.uk

Re: Fish World of Tropics

Hi Mark

Further to my telephone conversation with your property lawyer colleague

Agatha Hanway, I need some litigation advice about Fish World of Tropics. This is
a tropical fish shop in Southbridge Road, Bedstone, which I own on a 10-year
lease. Fish World of Tropics is my trading name. Earlier this month, workers
employed by Bedstone Council started works to the pavement and road on which
my shop is located.

As a result of vibrations from the roadworks, we have lost 10 tanks full of

tropical fish, worth £5,000 to £10,000 in total. Vibrations through water are 10
times stronger than normal and the fish cannot take the constant assault. Some
of these fish are irreplaceable as they are very rare and only found in parts of
Japan. Also, as a result of the vibrations and noise of the roadworks, our
business has tailed right off. Whereas we usually have 15–20 customers per
weekday and sales of £300–£400 per day, since the works started, total sales
are down to less than £150 per day and six or fewer customers per day. Some of
our customers have told me that there are dead fish in the tanks.

I have complained to the workmen outside and tried to get them to stop. They
said the only way to do the work with less noise and vibrations would be to use
less powerful drills. This would take longer and increase labour costs, so they
have been told to keep going. I have telephoned Bedstone Council to complain
but have just been passed from Planning to Environmental to Roadways and
back again. I have also written to the council but this has had no effect.

Please can you let me have advice as to our options, as we need to take action
and fast! I have approximately £18,500 in savings.

Regards

Yolanda

Fish World of Tropics

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DOCUMENT 6

Attendance Note

Client/Matter No: Tashwara Kaur

Matter: Claim for personal injuries

Date: 13 December 2016

Time in attendance: 30 minutes

Mark Jones (MJ) attending our client Tashwara Kaur (TK) regarding a potential
claim for damages following a personal injury sustained by her.

On 14 May 2016, TK was driving her Suzuki Splash, registration number PL13
KRD, in Bedford High Street when a Citroen C4 Cactus, registration number JR64
GIP, driven by Octavio Brindisi (OB), pulled out from a side street and collided
with her car. TK was taken by ambulance to Bedford General Hospital, where she
received treatment for a fractured pelvis. This was a significant injury from which
the recovery has been slow but, fortunately, any permanent disability should be
relatively minor.

The police were called and ensured that the necessary details were exchanged.
Both drivers were breathalysed and tested negative. The accident was witnessed
by Xia Ekam, who works in a nearby shop, who later gave a statement to the
police.

TK had to have three months off work following the accident and lost £7,500 pay
from her job as a self-employed dental hygienist. Her other losses comprise £500
for some private physiotherapy to aid her recovery, £50 for painkillers and £250
for taxi fares to attend medical appointments. She will provide documents to
substantiate these losses.

OB was a visiting lecturer at Bedford University and returned to Cornwall in

September 2016. TK wrote to him when he was still in Bedford. She received no
reply but has obtained OB’s address in Cornwall from one of his former
colleagues at the university. She now wants to claim compensation for what has
happened. MJ considers that, subject to liability, general damages for TK’s pain
and suffering and loss of amenity would be in the region of £20,000.

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DOCUMENT 7

Kempstons Internal Memorandum

From: Mark Jones

To: Trainee lawyer

Client: Cavendish Management Consultancy LLP

Matter: Contract dispute

Date: 8 December 2016

I have recently seen Quentin Lam from Cavendish Management Consultancy LLP
(‘Cavendish’). He wants me to assist with a dispute that Cavendish has with
3WPageniks Ltd (‘3WP’).

Cavendish is a management consultancy firm and it engaged 3WP to set up a

website to help promote its management consultancy services. The deal was
negotiated by Quentin Lam, the financial director of Cavendish, and Judy
Parsons, one of the senior operations managers at 3WP.

Cavendish is alleging that the website set up by 3WP does not contain all the
functions that Cavendish specified it required, and that it is too slow to navigate.
Cavendish is claiming £20,000 for breach of contract. 3WP denies these claims
and says that any problems with the website are as a result of Cavendish’s
failure to provide a detailed specification and to answer 3WP’s technical enquiries
which arose during the setting up of the website.

Quentin has already written two letters of complaint to 3WP and will let me have
a copy of these plus his full file shortly.

End of Case Study Materials

© 2017 The Chartered Institute of Legal Executives

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