10 June 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
Question 1 Reference: This question relates to Documents 1 and 2 of the supporting materials and is concerned with Mrs Rana Khassogi. Your supervising partner, Claire Northcliffe, has received a letter (Document 1) from Dr James Gordon concerning Mrs Khassogi. (a) Advise Mrs Khassogi whether her injuries, as detailed in the letter dated 18 May 2015, fall within the definition of personal injury set out in the Limitation Act 1980 and the Civil Procedure Rules. (b) (i) Identify for Mrs Khassogi, using appropriate medical terminology, the various types of scarring she has sustained to her knees. (ii) Explain to Mrs Khassogi, with reference to her medical conditions, which type of medical experts you will need to instruct in order to properly investigate the extent of her injuries. (4 marks) Mrs Khassogi has received the letter from your firm (Document 2). She contacts you, as she believes that the letter may not be accurate. (c) Advise Mrs Khassogi of the correct legal position with reference to each of the errors in the Conditional Fee Agreement (Document 2). (8 marks) (d) Explain to your supervising partner, Claire Northcliffe, the main consequences, for your firm, of the errors you have identified in Document 2. (Total: 18 marks) Page 2 of 8
Question 2 Reference: This question relates to Document 2 of the supporting materials and is concerned with Mrs Rana Khassogi. Mrs Khassogi has now signed a valid Conditional Fee Agreement (CFA). Since signing the CFA, she has discovered that her own household contents insurance policy has Legal Expenses Insurance (LEI) with a limit of 50,000 inclusive of VAT costs. (a) Explain to Mrs Khassogi what Legal Expenses Insurance is. (b) Advise Mrs Khassogi what impact, if any, the existence of the LEI policy will have on her decision to fund the case through a CFA. (4 marks) The legal expenses insurers are insisting that Mrs Khassogi can only use the LEI if she uses their panel solicitors. (c) Explain at what point in the claim Mrs Khassogi would be free to choose your firm to represent her, rather than using the LEI panel solicitors. (Total: 8 marks) Turn over Page 3 of 8
Question 3 Reference: This question relates to Document 3 of the supporting materials and is concerned with Mrs Mary Austin. Mrs Austin informs you that Marchants Sewing Machines Ltd might be insured, as she remembers various factory workers receiving compensation for work-related accidents during the years she worked there. (a) Advise Mrs Austin on the law and statutory authority concerning an employer s legal obligations in relation to employers liability insurance for the business. (3 marks) You establish that Marchants Sewing Machines Ltd is insured but you do not know the identity of the insurer. (b) Explain how you can establish the identity of the insurer. (3 marks) Mrs Austin informs you that she rang the Managing Director of Marchants Sewing Machines Ltd. He told her that Marchants Sewing Machines Ltd is in financial trouble and may become insolvent. (c) Explain to Mrs Austin what her legal position would be if Marchants Sewing Machines Ltd remained registered at Companies House but became insolvent. (6 marks) The Managing Director of Marchants Sewing Machines Ltd also told Mrs Austin that her claim was just a further example of the compensation culture that exists in this country. He told her that his solicitors would fight the case all the way through court. (d) Analyse the roles of the key participants who would be involved in the claim with reference to how their approach to the claim is influenced. (10 marks) (Total: 22 marks) Page 4 of 8
Question 4 Reference: This question relates to Document 4 of the supporting materials and is concerned with Mr Manmohan Singh. You agree to act for Mr Singh. (a) Advise him of any procedural steps which must be taken urgently and give reasons for such advice. (4 marks) Proceedings are issued and served on 4 July 2015. You receive a call from the solicitor acting for Classic Coaches. She argues that there has been substantial delay by Mr Singh. She intends to defend and apply to the court for the claim to be struck out. (b) Explain why Mr Singh s case should not be struck out. (10 marks) Your firm decides to offer Mr Singh a Damages Based Agreement (DBA). (c) Advise Mr Singh of the legal formalities that will need to be put in place for such an agreement to be enforceable. (5 marks) Mr Singh telephones to inform you that he was involved in a road traffic accident last year, for which he was not to blame. He suffered a whiplash injury. Neither the other driver nor her insurers are replying to his letters. (d) Explain what action Mr Singh can now take to recover compensation. (3 marks) (Total: 22 marks) End of Examination Paper 2015 The Chartered Institute of Legal Executives Page 5 of 8
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