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unit6 end of unit assignment civil litigation

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Introduction

THE NATIONAL ASSOCIATION OF LICENSED PARALEGALS 9, UNITY STREET, BRISTOL, BS1 1PR CIVIL LITIGATION END OF UNIT ASSIGNMENT Name.............................................................................................................. Address........................................................................................................... ....................................................................................................................... ..........................................................Post Code............................................. HIGHER CERTIFICATE CIVIL LITIGATION ASSIGNMENT You have been consulted by Jason Furlong, a Caterer. He tells you that he undertook the catering for Mr John & Mrs. Enid Fry on the occasion of the marriage of their daughter three months ago. He invoiced them in the sum of �6763 which had been agreed by way of written quotation prior to the wedding. and he sent them two reminders, but has still received no payment. He asks you to do all that you can to recover this sum, and if necessary, to pursue a Court Action. a) Draft a letter of claim to be sent to Mr & Mrs. Fry and explain to Jason why you intend to send such a letter. b) Assume that there is no reply to your letter. What action will you take next, describing any documents that you may have to prepare. c) Draft the Particulars of Claim (on the basis that they are a separate document). You should make up the relevant dates. d) Mr & Mrs. Fry intend to defend the action and they file a Defence. Explain the nature of the next step in the action. e) Would there be any procedural difference if the claim were for �2763? f) Assuming that Jason successfully recovers the �6763, plus costs, explain how the question of costs will be dealt with. g) On the basis that your Clients obtain a Judgment, how could they enforce it? h) In connection with civil litigation generally, what is meant by "case management"? Assignments may be typed, word-processed or hand written. Neatness will be taken into account on your grade. (a) Dear Mr and Mrs Fry, re: Jason Furlong (Caterer) We have been instructed by Mr. Jason Furlong in connection with catering work undertaken by him in connection with the marriage occasion of your daughter. ...read more.

Middle

The Small Claims Court differs from the County Court in that:-it is presided over by the District Judge, disputes are resolved by way of arbitration and not by way of trial, there are no formal rules of evidence, whereas the hearings are now in public, the District Judge may decide to hold a particular hearing in private if the parties agree or if it is a matter concerning a child or a patient, the judge has no power (except in exceptional cases where it considers the case frivolous, or one which should not have been brought)to award costs to the winning party (i.e. both parties will be responsible for their own costs) there is an appeal from the finding of a District Judge to a Circuit Judge. It is the District Judge that hears Small Track claims (in the Small Claims Court).In most ordinary actions the District Judge will deal with all the interim matters (these are any matters that need a decision and which take place between the commencement of the proceedings and the trial). The District Judge is the one judge that Paralegals will come into contact with face to face. Often it is the Paralegal's role to argue such pre-trial (interim) matters in front of the District Judge. In comparison the purpose of the Fast Track is to provide a streamlined procedure for the handling of cases with a value of more than �5,000 but less than �15,000. They can only, therefore, be dealt with in the County Court unless the matter is of great complexity or in the public interest to be heard in the High Court. Costs are kept to a minimum and are usually fixed by the Court. Thus there are a number of differences between the fast track and small claim, for example small claims can be dealt with without a hearing. As well as this there is no Part 36 and Part 18 and finally there are no costs except in exceptional circumstances (f) ...read more.

Conclusion

Also, and this is also important, to assist the parties, if possible, in settling the dispute or seeking other means of resolving it. Rule 1.4(2) sets out some (but not all) of the ways in which the court may actively manage cases which include for example: identifying the issues at an early stage; deciding the order in which issues are to be resolved; helping the parties to settle the whole or part of the case; dealing with the case without the parties needing to attend at court etc...This expansion of the role of the court in the litigation process has considerable implications not only for the parties but also for their legal advisers. No longer will lawyers be able to drag cases out, or sit on files. If they do, the court will intervene. Judges have been given special training in case management and it may not be out of the question for a firm of solicitors to receive a phone call direct from a District Judge wanting to know exactly what the current position is. The claim will be transferred, by the District Judge to one of three Tracks - the Small Claims Track, the Fast Track or the Multi-Track. Each of these tracks offer a different degree of case management. Directions by the District Judge (i.e. instructions about what the parties must do to prepare the case for trial or hearing), will be proportionate to the value of the claim, its importance, its complexity and so on. Each track requires a different degree of case monitoring, that is, the more complex or important the case is, the more "milestone" events there are likely to be. Failure to comply with directions within the time limits specified can lead to sanctions being applied by the court. These sanctions will, in the main, be monetary sanctions affecting costs, but the ultimate sanction is having the claim or defence struck out. Thus, the 3 tracks have been designed to implement the overriding objectives (speed, ease and the cutting down of costs) of the CPR. ...read more.

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