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:
Who should you serve a witness summons and why?
Is it necessary to have a conference with Counsel at this stage? Give reasons for your answer.
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?
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.
Case Study Questions: Bollingtons Ltd v Mrs Elizabeth Lynch t/a The Honest Lawyer
The fast track trial has been listed. As the day of the trial approaches, Mrs. Lynch is getting nervous and asks you to attend the trial with her. What costs advice would you give her?
Mrs Lynch lost the fast track trial both on the claim against her and her counterclaim, the judge indicating in his judgment that he preferred the evidence of Mr Green. Permission to appeal was obtained. Consider what advice you would give to her on the prospects of successfully appealing and the costs implications in relation to costs hearings or the costs of an appeal.