Chapter 11: Case study questions

Case study questions: Andrew James Pike v Deep Builders Limited

Question 1

The Insurers of Deep Builders Limited have indicated that they accept that Mr Deep was acting in the course of his employment but deny negligence alleging that Andrew Pike was responsible for the accident. Andrew Pike’s solicitors have obtained a medical report prepared by a Consultant orthopaedic surgeon. You undertake research and the information provided by the client leads you to believe that the total damages on a full liability basis would be in the region of £45,000-£60,000. Settlement was not achieved in the protocol.

The Claim Form has already been drafted. You will have drafted the Particulars of Claim (See the Andrew Pike case study question in chapter 9).

Now, acting for the defendant, read the attendance note and consider the points you believe the defendant needs to raise to defend this case and how it can deal with its own losses. Then draft the Defence and any other statement of case which you feel is appropriate.