Macgregor, Peacey, and Ridsdale, Civil Litigation 15e Student Resources

Case study questions: Andrew James Pike v Deep Builders Limited

All the directions have now been complied with, and the PTC has been filed and served. You have now received a Notice of Hearing listing the trial for 3 days. Acting for Andrew Pike, consider the following questions:

Question 1

Who should you serve a witness summons and why?

Question 2

Is it necessary to have a conference with Counsel at this stage? Give reasons for your answer.

Question 3

If Andrew Pike does not beat Deep Builders Limited’s Part 36 offer of £20,000, what are the likely cost consequences for each party and how will the court deal with this?

Question 4

You have been instructed by your supervising partner to help prepare a trial bundle index for the trial of this matter. He informs you that all special damages have been agreed subject to liability, although medical evidence has not been agreed as the defendants obtained an order seeking their own evidence. There is no order for expert oral evidence at trial.

The trainee who was helping your principal has departed on annual leave, but has left you his notes on what he would include in the bundles. These may or may not be of assistance to you. These appear in the online resources.

Based on your knowledge of the case for Andrew Pike and the information that your colleagues provided, draft the trial bundle index.