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ASSESSMENT QUESTION :
ANSWER ALL PARTS OF THE QUESTION. TOTAL MARKS AVAILABLE 100.
For the purposes of this question you are a trainee solicitor in a firm of solicitors, Helmore and Co of 1, The Square, Saffron Walden, Essex.
Question 1 34 marks in total
Word limit 1100 words
Your supervisor, Hilary Helmore has asked you to prepare a note for a meeting with a client called Kamran Gul and Associates Ltd (“KG Ltd”), a technology business, which is trying to recover a debt from a business debtor, Adnan Khan. Ms Helmore has not yet met the client, but their managing Director, Kamran Gul, has arranged to come to your firm’s offices shortly for advice on the claim. Ms Helmore is unable to meet Mr Gul and has asked you to attend the meeting and advise Mr Gul.
The background to the client’s claim is as follows. KG Ltd has designed and sells a software package (known as KG Debt Management 2012) which enables businesses to process debts more efficiently. KG Ltd delivered the software licence for KG Debt Management 2012 to Mr Khan on 1st February 2012. Prior to this, a quote for £16,000 dated 13th January 2012 was accepted by Mr Khan for purchase and installation of KG Debt Management 2012. There was no contract other than the quote dated 13th January, a copy of which was countersigned by Mr Khan. In December 2011, Mr Khan had attended KG Ltd’s offices and had seen the KG Debt Management 2012 system in operation at KG Ltd’s offices. Mr Khan paid £2,000 on 28th January 2012, as obliged to do under the quote which stipulated this was due before installation of the software. The quote stated that the balance was due within 14 days of installation of the software. Mr Gul has attempted to speak personally to Mr Khan about the debt, but none of his calls has been returned. The software was installed by a technician, Paul Smith (trading as Saffron Walden Office Supplies Ltd), who has a separate contract with KG Ltd to install KG Debt Management 2012. Mr Gul has received complaints from other customers that Paul Smith has performed poorly on occasions and Mr Gul is considering employing a specialist technician to allow KG Ltd in future to install the KG Debt Management 2012 software itself rather than relying on Saffron Walden Office Supplies Ltd.
Mr Gul wants to recover the debt as soon as possible. In preparation for your meeting with Mr Gul, Ms Helmore has asked you to draft a note (of not more than 1,100 words) dealing with the following seven issues:
1 What steps would KG Ltd need to take prior to issuing proceedings?
4 marks
2 What matters should be dealt with at the forthcoming meeting with Mr Gul? 3 marks
3 Which Court should proceedings be issued in, were that step to become a necessity? 3 marks
Question 1 continues on next page
4 What is meant by “disclosure” and what documents would KG Ltd disclose in this action? (Hiba – Disclosure of all the necessary papers/documents and evidence) 5 marks
5 Draft a Particulars of Claim in this action. 10 marks
6 What “track” might this claim be allocated to and why; and what “directions” might be given by the Court? Support your answer with reference to the Civil Procedure Rules. 3 marks
7 Supposing KG Ltd were to succeed in their claim what options are available to the client for enforcement of the award. 6 marks
AND
Question 2 28 marks
Word limit 800 words
Ms Helmore has just concluded a meeting with a client, Quanticus Ltd, a privately owned investment bank located at 1 Broad Street, London EC1 1AB. The Chairman of Quanticus, Max Standing, has been informed by the Metropolitan Police’s Fraud Squad that they are investigating one of Quanticus’ clients, Umar Kashoggi, for suspected fraud. Various news media have also published reports in recent weeks about an investment scam perpetrated by Mr Kashoggi in which Quanticus have unwittingly become involved, as a result of which Mr Kashoggi owes Quanticus approximately £120,000. Mr Standing has learnt from an enquiry agent he instructed, that Mr Kashoggi owns an expensive property in West London which is registered in the name of an offshore company.
Draft a letter (of not more than 800 words) to Mr Standing outlining what step you recommend taking in the circumstances as a precursor to recovering the debt from Mr Kashoggi. You should fully explain the procedure involved with, and the grounds required for, taking this step.
Question 3 38 marks
Word limit 1100 words
“The Law Society has welcomed the government’s decision to defer civil litigation reforms until April 2013. Part two of the Legal Aid, Sentencing and Punishment of Offenders Bill, which incorporates the changes proposed in the Jackson recommendations on ‘no win, no fee’ arrangements, were expected to be implemented this October.” (The Law Society website, February 2012).
Describe in not more than 1,100 words the civil litigation reforms referred to and comment on why the Law Society might welcome the delay in implementation of the reforms.
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