unit6 end of unit assignment civil litigation

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THE NATIONAL ASSOCIATION OF LICENSED PARALEGALS

9, UNITY STREET, BRISTOL, BS1 1PR

CIVIL LITIGATION

END OF UNIT ASSIGNMENT

Name..............................................................................................................

Address...........................................................................................................

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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”?

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(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.

We are further instructed that the total agreed cost of the catering came to £6,763. However, our client has not received any of the sum agreed.

An Invoice for the balance of £6,763 was sent to you by our Client on the 27th August 2006 despite requests by him for, and promises by you of payment, it has not yet been settled by you.

However, you may not be aware that the invoiced amount bears the interest of 8% per annum from the date thereof if not settled within 30 days of receipt.   Our clients Invoice is now over three months overdue.

We write to advise you, therefore, that if we, or our client, do not receive the said sum of £6,763, plus interest as above for the period of 92 days £136.37 within the next ten days, we have instructions to institute proceedings against you for the recovery thereof, together with additional interest and costs.  Should this become necessary, we would advise you that it might seriously affect your future credit rating.

We enclose herewith in support of our clients' claim:-

  1. A copy of our Client’s Quotation dated 15th May 2006 which sets out  our  clients'  terms  of  business  and  which  contains  your  signature of acceptance.

  1. A copy of our Clients letter of completion of works dated 14th September 2006, together with a copy of the said Invoice in the sum of £6, 763

  1. Copies of letters dated 28th September 2006 and 14th December 2006 requesting payment of the Invoiced sum.

If you dispute anything set out or mentioned in this letter, you must inform us by return of post, failing which proceedings will be instituted at the end of the above mentioned ten day period.

Yours faithfully.

                                                        

                                                                Sonia Khan

b)

The CPR introduces what are called pre-action Protocols. These are very important and are designed to be sets of "best practice" guidance about those steps that should be taken by parties or their legal advisors before proceedings are instituted. However, at present there is no protocol for such an action but we should still follow the Protocol Practice Direction, and prior to commencement of proceedings, supply full information regarding the claim, or defence to the claim if it is disputed, and copies of all documentation relied upon in support of that claim (or defence).   Even though specific protocols may not exist (and further protocols will undoubtedly be made to cover other actions in the future), parties can still be penalised as to costs if the spirit of the protocol is not followed.  

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It follows, therefore, that a letter should be written to the Defendant (or his Solicitors if he has any) stating that you have been instructed, what and why your client is claiming and that proceedings, together with costs and interest, will be instituted against the defendant if the claim is not settled within a reasonable time. This is now called a "letter of claim".   The purpose of this is, as mentioned, to save unnecessary court proceedings.  If the defendant knows that the plaintiff has reached this stage in his efforts, then the defendant may very well settle.   ...

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