THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS *

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1 14 January 2015 Level 4 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS Subject Code L4 7 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS * Time allowed: 1 hour and 30 minutes plus 30 minutes reading time Instructions to Candidates You have been provided with a copy of the supporting materials for you to use in this examination. You have THIRTY minutes to read through the supporting materials and this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the supporting materials and question paper fully. However, you may make notes on the supporting materials, question paper or in your answer booklet during this time if you wish. All questions are compulsory. You must answer ALL the questions. Write in full sentences a yes or no answer will earn no marks. Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 4 DIPLOMA IN PERSONAL INJURY LITIGATION and LEVEL 4 EXTENDED DIPLOMA IN PERSONAL INJURY LITIGATION. Page 1 of 8

2 Question 1 Reference: This question relates to Document 1 of the supporting materials and is concerned with Mrs Sarah Blakemore. Mrs Blakemore has heard that she may be able to have her case funded in such a way that she would not have to pay your firm s costs in the event that the case was lost. (a) Explain to her (in order for her to make a reasonable comparison), the different types of agreement that would achieve this result. (10 marks) Mrs Blakemore decides to enter into a Damages Based Agreement (DBA) with your firm. (b) Advise her on the legal formalities that will need to be put in place for such an agreement to be enforceable. (5 marks) At trial, Mrs Blakemore recovers damages which total 165,000. You agreed at the outset of the case that your firm would receive 20% of the damages recovered. Jasmine Davies is ordered to pay your client s costs which are agreed at 28,000. (c) (d) Explain to Mrs Blakemore how the sum, which will be deducted from her damages in respect of your legal costs, will be calculated. (3 marks) Explain Mrs Blakemore s remedy in the event that neither Jasmine nor her insurers reply to correspondence. (Total: 20 marks) Page 2 of 8

3 Question 2 Reference: This question relates to Document 1 of the supporting materials and is concerned with Mrs Sarah Blakemore. Mrs Blakemore informs you that since signing the Damages Based Agreement, she has discovered that her own car insurance policy has Legal Expenses Insurance (LEI), which she may be able to use to fund this case. (a) Explain to Mrs Blakemore what Legal Expenses Insurance is. (b) (c) Explain what factors you should consider now that you are aware of the existence of this policy. Explain the circumstances in which it would be reasonable for her not to use the Legal Expenses Insurance policy. (Total: 8 marks) Page 3 of 8 Turn over

4 Question 3 Reference: This question relates to Documents 1 and 2 of the supporting materials and is concerned with Mrs Sarah Blakemore. (a) Advise Mrs Blakemore whether each of her injuries, as detailed in her Proof of Evidence, falls within the definition of personal injury set out in the Limitation Act 1980 (and the Civil Procedure Rules). (b) Identify and describe Mrs Blakemore s injuries and symptoms in order of their longevity (shortest to longest) with reference to Documents 1 and 2. Mrs Blakemore has read the medical report of Mr Sharan (Document 2). (c) Describe the nature, medical cause and symptoms of her whiplash injury as referred to in that report. Assume (for the purposes of this question only) that Mrs Blakemore s accident occurred on 22 December 2011, and she has only just decided to commence proceedings, having been advised by previous solicitors that she did not have a good case. (d) (e) Advise Mrs Blakemore of the significance of this date in respect of her claim. (7 marks) Explain the factors the court would take into account in deciding the issue raised in (d) above. (7 marks) (Total: 24 marks) Page 4 of 8

5 Question 4 Reference This question relates to Document 3 of the supporting materials and is concerned with Mr Marek Janicki. Mr Janicki is very worried that Offisort Limited may not be insured in respect of the accident. (a) Advise Mr Janicki on the law relating to employers liability insurance. (3 marks) You have now confirmed that Offisort Limited is insured but you do not know the identity of the insurer. (b) Explain what steps you can take to establish its identity. Mr Janicki has heard from fellow employees that Offisort Limited is in financial trouble and may become insolvent. (c) Explain to Mr Janicki his options if this were to occur. (Total: 9 marks) Turn over Page 5 of 8

6 Question 5 Reference This question relates to Documents 3 and 4 of the supporting materials and is concerned with Mr Marek Janicki. Assume that the insurer of Offisort Limited has been identified and is dealing with the claim. (a) Explain to Mr Janicki the roles of all the key participants and witnesses in this claim (with reference to Documents 3 and 4). (b) (i) Explain to Mr Janicki, using appropriate medical terminology, the various types of burns he has sustained. (ii) Explain to Mr Janicki, using non-medical terminology, the orthopaedic injury he has sustained. (3 marks) (Total: 9 marks) End of Examination Paper 2015 The Chartered Institute of Legal Executives Page 6 of 8

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