Chapter 9 Case study documentation

Starting Your Court Action and Serving It on the Defendant

Case study question: Andrew James Pike v Deep Builders Limited

The insurers of Deep Builders Ltd have indicated that they accept that Mr Deep was acting in the course of his employment at the time of the accident but deny any negligence, alleging that Andrew Pike was responsible for the accident. You have obtained a medical report from Mr Edgar Higgins. Please read this document.

Question 1

Look at the draft Particulars of Claim in the online resources. Consider this partially completed document and complete the remaining sections so that it meets the requirements of the CPR. You will need to consult chapter 11 to inform your drafting.

Suggested answers to case study questions are available here to download.


NOTE: After October 2017 this case would most appropriately be dealt with within the Debt Action protocol.

Case study questions: Bollingtons Limited v Mrs Elizabeth Lynch t/a The Honest Lawyer

Consider the copy of the attendance note with Mr Green and a copy of the invoice for the supply of the beer to Mrs. Lynch contained in the information you looked at with the case study questions for Chapter 8.

Question 1

Assume it is now 7th October 201? There has been no response to the Letter before Claim. Locate a blank Claim Form and complete it. A debt action such as this is relatively straightforward and this is the kind of case where it would be appropriate to include the Particulars of Claim on the reverse side of the Claim Form itself. This is called an endorsed Claim Form. You will need to consider, and deal with, the claim for interest. You do not need to complete any calculations for interest but make any provision in your draft for what you would have done. You will need to consult chapter 11 to inform your drafting.

Suggested answers to case study questions are available here to download.