19 January 2017

Level 6
CIVIL LITIGATION
Subject Code L6-15

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES

UNIT 15 – CIVIL LITIGATION*

Time allowed: 3 hours plus 15 minutes’ reading time

Instructions to Candidates

ƒ You have been provided with a clean copy of the case study materials for you to use
in this examination.

ƒ You have FIFTEEN minutes to read through this question paper and the case study
materials before the start of the examination.

ƒ It is strongly recommended that you use the reading time to read this
question paper fully. However, you may make notes on this question paper or in
your answer booklet during this time, if you wish.

ƒ All questions are compulsory. You must answer ALL the questions.

ƒ Write in full sentences – a yes or no answer will earn no marks.

ƒ Candidates must comply with the CILEx Examination Regulations.

ƒ Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.

Information for Candidates

ƒ The mark allocation for each question and part-question is given and you are advised
to take this into account in planning your work.

ƒ Write in blue or black ink or ballpoint pen.

ƒ Attention should be paid to clear, neat handwriting and tidy alterations.

ƒ Complete all rough work in your answer booklet. Cross through any work you do not
want marked.

Do not turn over this page until instructed by the Invigilator.

*
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

Page 1 of 8
151589
Question 1

Reference: Question relates to the Advance Instructions to Candidates and

Documents 1–4 of the case study materials.

Assume that the necessary pre-action steps have been taken but that the case is
continuing.

(a) Draft the claim form N1 (Document A attached) for this case, but not the
parts hatched in black. The document you draft should be the ‘original’ and
intended for solicitor service.

IMPORTANT: Write your candidate number clearly on Document A and

attach it securely to the inside of your answer booklet.
(12 marks)

Assume that the claim form was issued and returned to you by the Court for
service. The particulars of claim have now been finalised.

(b) Explain what you must do to serve the proceedings on Natural Rock Ltd.

(5 marks)

Assume that Natural Rock Ltd has filed and served a defence denying liability and
blaming the accident on Eddie Meade’s lack of care. In addition, Natural Rock
denies any responsibility for the accident, as it has outsourced all security and
safety matters for the Quarry Lane depot to Custodian Security Services Ltd.

(c) Explain what further procedural step you anticipate that Natural Rock Ltd
will also take.
(7 marks)

(d) Explain whether Eddie Meade will have to pay Natural Rock Ltd’s legal costs
if he loses at trial.
(6 marks)
(Total: 30 marks)

Page 2 of 8
Question 2

Reference: Question relates to the Advance Instructions to Candidates and

Document 5 of the case study materials.

(a) State what interim application you will advise Yolanda to make and what
procedural steps you will undertake to achieve this.
(7 marks)

(b) Outline the submissions that you will make on Yolanda’s behalf at the
hearing of the interim application, applying the relevant legal test to the
facts.
(14 marks)
(Total: 21 marks)

Question 3

Reference: Question relates to the Advance Instructions to Candidates and

Document 6 of the case study materials.

(a) Explain all the pre-action evidential steps that you will undertake on
Tashwara’s behalf to ascertain if her claim is viable.
(5 marks)

(b) Explain all the pre-action procedural steps that you will undertake on
Tashwara’s behalf to progress her claim.
(6 marks)

(c) Explain in which court you would issue this claim and to which track the
court is most likely to allocate the case.
(5 marks)

The case continues and you serve the issued claim form and particulars of claim
on Octavio Brindisi. His insurer has responded, denying liability. Tashwara is
concerned that this means that her case could take a long time. Tashwara has
now instructed you that she would be happy to take £20,000 if the claim can be
sorted out quickly and without having to take the case to trial.

(d) State what step you can take on Tashwara’s behalf to put pressure on
Octavio Brindisi’s insurers to settle her claim. Your answer should explain
the potential financial consequences of the step you propose.
(8 marks)
(Total: 24 marks)

Turn over
Page 3 of 8
Question 4

Reference: Question relates to the Advance Instructions to Candidates and

Document 7 of the case study materials.

Assume that this claim has been issued and served correctly.

Previously, Quentin Lam had seen Judy Parsons, of 3WPageniks Ltd (3WP), at
3WP’s stand at an IT trade show. Angry at having received no response to his
earlier letters, he confronted Judy with his allegations. Sean, an unrelated third
party who happened to be in the vicinity, overheard what was being said and
joined in. He said that he had had trouble with the Cavendish website provided
by 3WP, which he found difficult to navigate and which generally performed
badly and slowly. Judy ignored them both and finally Quentin and Sean left
3WP’s stand.

(a) Explain the various options open to your client to put Sean’s evidence
before the court.
(9 marks)

Directions have been given and the court ordered that the parties serve their
lists of documents by 2 December 2016. You have received 3WP’s List of
Documents but it does not list minutes of a meeting that both Quentin and Judy
attended. Quentin says that, at this meeting, Judy admitted that there were
problems with the Cavendish website and that 3WP did have a legal liability to
Cavendish.

(b) State what action you should now take on your client’s behalf.
(6 marks)

Assume that 3WP has provided the minutes and all other directions have been
complied with. The trial is set for 5 June 2017.

(c) Explain what will happen at court on that day.

(5 marks)

At trial, Cavendish obtains judgment against 3WP for the sum of £18,000 plus
costs summarily assessed at £7,000. Despite promises to pay, 3WP has paid only
£5,000. Your enquiries on behalf of your client reveal that 3WP owns IT
equipment worth £50,000 and that the most recent filed accounts show assets of
£200,000. 3WP’s business premises are rented.

(d) Explain what method (or methods) of enforcement you would suggest to
your client.
(5 marks)
(Total: 25 marks)

© 2017 The Chartered Institute of Legal Executives

Page 4 of 8
 Candidate No.......................
DOCUMENT A
(Form N1 to be used as your answer to Question 1(a))

In the
Fee Account ///////////////////////////////////////////
no. ///////////////////////////////////////////
Claim Form For court use only
Claim no. ///////////////////////////////////////////
///////////////////////////////////////////
///////////////////////////////////////////
Issue date
///////////////////////////////////////////
You may be able to issue your claim online which may save time and money.
Go to www.moneyclaim.gov.uk to find out more.

Claimant(s) name(s) and address(es) including postcode

SEAL

Defendant(s) name and address(es) including postcode

Brief details of claim

Value

You must indicate your preferred County Court Hearing Centre for hearings here (see notes for guidance)

Defendant’s
name and £
address for Amount claimed //////////////////////////////////////
service including
Court fee //////////////////////////////////////
postcode
Legal representative’s //////////////////////////////////////
costs
Total amount /////////////////////////////////////

When corresponding with the Court, please address forms or letters to the Manager and always quote the
claim number.N1 Claim form (CPR Part 7) (05.14) © Crown Copyright 2014

Turn over
Page 5 of 8
 Claim No.

Does, or will, your claim include any issues under the Human Rights Act Yes No
1998?
Particulars of Claim (attached)(to follow)

DO NOT COMPLETE THIS PART

Statement of Truth
I believe that the facts stated in this claim form are true.

Full name

Name of claimant’s legal representative’s firm

Signed position or office held

*(Claimant)(Litigation friend)(Claimant’s solicitor) (if signing on behalf of form or company)

*delete as appropriate

/////////////////////////////////////////////////////////////////////////////////// Claimant’s or claimant’s legal representative’s

/////////////////////////////////////////////////////////////////////////////////// address to which documents or payments should be
/////////////////////////////////////////////////////////////////////////////////// sent if different from overleaf including (if
/////////////////////////////////////////////////////////////////////////////////// appropriate) details of DX, fax or e-mail.
///////////////////////////////////////////////////////////////////////////////////
///////////////////////////////////////////////////////////////////////////////////
///////////////////////////////////////////////////////////////////////////////////
///////////////////////////////////////////////////////////////////////////////////

End of Examination Paper

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