Chapter 8 Case study documentation

Pre-Action Protocols

Case study questions: Andrew James Pike v Deep Builders Limited

Question 1

Does the PI Protocol apply in this case? If it does, explain why. If it does not, also explain why and suggest which other protocol that might apply.

Question 2

Consider the template letter of claim in Annex B1 to the PI Protocol and the provisions of paragraph 5. What amendments, either by way of additions or deletions, would you make to this letter to ensure it was a PI Protocol compliant letter in Andrew Pike’s claim?

Question 3

If, by way of example only, Andrew Pike’s claim was valued at less than £25,000, and there had been an admission of negligence but no agreement as to quantum, which Protocol or other claims procedure may apply? Please give your reasons.

Case Study Bollingtons Ltd v Mrs Elizabeth Lynch t/a The Honest Lawyer

Bollingtons Limited is an existing client of the firm. Mr Green of Bollingtons has been in to see you. View a copy of your file note and the invoice for the supply of beer in the online resources.

Question 1

What information would go in your letter before claim to Mrs Lynch?

Question 2

What points would you cover in your first letter to your new client Bollingtons Ltd? Consider which matters it would be advisable to reiterate, advise on, request from, or send to the client. Please ensure that you are certain who the client is. Consider whether you should justify and explain the steps that you have taken, and what professional conduct points could arise at this stage in this case study.