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MOD000045 Civil Litigation 1)You are a junior lawyer (overall supervision of your work resting with your principal)

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MOD000045 Civil Litigation
1)You are a junior lawyer (overall supervision of your work resting with your principal). You have been asked to interview a potential new client (a shop worker), who has been involved in a road traffic accident and has suffered whiplash injuries, which are expected to prevent your client returning to work for three weeks. Before the initial client interview you have not been supplied with any other information.

Please answer the following, in each case explaining the reasons, and referring fully to relevant court forms or parts of the Civil Procedure Rules:

(i)            What matters would you deal with in the initial client interview, (and where appropriate outline briefly both any questions or advice you would have for your client)?

(ii)    Outline any steps you might take on your client’s behalf (and why) before proceedings are issued.

(iii)          Explain with reasons what evidence you are likely to require to obtain compensation for your client, and how you might obtain it?

(iv)         What ‘directions’ do you consider are most likely in this case, and why? You should fully explain the steps that would be undertaken to comply with the case management directions, and deal with what alternative case management directions might be appropriate, and why.

(v)          What steps would you take in the event that evidence helpful to your client’s case is in possession of a third party?

2.            State, with reasons, whether either the introduction of an online court (as proposed by Lord Justice Briggs in his final report on the review of the civil courts structure) or an extension of the fixed costs regime (as contained in the detailed proposals from Lord Jackson dated 31 July 2017) would improve access to justice.

Word Limit:         2,000 words excluding footnotes, bibliography and other items listed in

Reg 6.83 of the ARU Academic Regulations.

Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).

Referencing:      Work must be completed individually (see ARU Academic Honesty Policy) and be properly referenced using the OSCOLA system. It must include a Bibliography