• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

unit6 end of unit assignment civil litigation

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Why was the Apprenticeship system brought to an end in 1838 in the British ...

    In addition, planters gave the apprentices most unfertile and tough grounds for cultivation. The classification of apprentices and the valuation of those who wish to purchase their freedom were dealt with firmly. This was because apprenticeship for non- praedials (slaves not normally engaged in agricultural labour)

  2. Explain the distinction between the law and morals and consider the importance of the ...

    will be convicted of a lesser offence, however shouldn't it not be the defendant involved duty to keep his self control, it look as if these two defences therefore are used as an easy exit to reduce their offence in the case of murder A prime example of morality creeping

  1. Critically evaluate the partial defence of Provocation.

    shows that this can produce harsh results. The accused suffocated his wife, who was suffocated his wife, who was suffering from a painful terminal illness, and had repeatedly begged him to end her life. The judge withdrew the issue of provocation from the jury, who then felt they had no alternative but to convict of murder, but

  2. Alternative dispute Resolution

    that it finds unacceptable (unlike an arbitration decision that goes against the company). But Hayford commented that "mediation only works when the parties employing it are willing to go all out in the attempt to achieve settlement," and he warned that "the mediator must be selected carefully, with an eye

  1. Free essay

    heirachy of civil courts

    Case where the value of the claim is expected to be more than �15,000 (or in the case of a personal injury claim, �50,000 or more) is usually heads in the county court. Cases with a value of more than �50,000 will be dealt with in the high court, while

  2. blood wedding plot Garcia Lorca

    if he wants a late night snack on their wedding night, he says he doesn't eat at night and the maid cheekily respond with "perhaps not but I'm sure the brides appetite will have been...

  1. Advice on an incident concerning Land Registration.

    The court has the power to decide whether sale should proceed or not. It looks at three factors4 when making its decision. Firstly, the intention of the person who created the trust. Secondly, purposes for which the property subject to the trust is held.

  2. Assess the likelihood of Sid and Kenny avoiding personal liability for the debts of ...

    Criminal penalties can also be imposed for fraudulent trading under Section 458 Companies Act 1985. It is well established that the courts will not allow the corporate form to be used for the purposes of fraud or as a device to evade a contractual or other legal obligation8.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work