Tort Actions 4LAW2004 [ Assignment 1 Letter of Claim ]
|Question # 47948||Law||3 months ago|
Before starting: PLEASE READ ALL OF THE INFORMATION BELOW!!! TO THE VERY END.
Please refer to Seminar Six to revise for this assignment.
Letter template found here: Lexis template Letter of Claim PI.docDownload Lexis template Letter of Claim PI.doc
Tort Actions 4LAW2004 Assignment 1. This weighting attached to this assignment is 50% of the overall mark for this module.
You are a solicitor working at well-known London firm, Blagg & Co LLP, of 111 Victoria Street, W124LD, specialising in personal injury claims. A client has approached you with the following matter wherein they believe that they have a claim against the defendant. The facts of the matter are as follows:
Janet Banks is 30 years old. She lives at 4 Maynard Drive, Isleworth, Middlesex, TW5 6DD. Her date of birth is 1st September 1992. She is employed as a tailor by Class Curtains based at Unit 2, Dragon Way, Isleworth, Middlesex, TW3 3JN. She has worked for the company for 10 years. She earns £2500 per month from this job and she also does some private sewing work from which she earns £2500 per month. On 4th September 2022 she was driving her BMW car registration LR16HDG on High Elms Lane in Garston, Hertfordshire. While the vehicle was stationary at a red traffic light, another vehicle collided with her car, from the rear. The other vehicle was a Mercedes convertible registration number MK18PTY. The driver and registered keeper of that car is Les Browning. Les Browning is insured by Admirable Insurers, The Quays, Poole, Dorset. He lives at 62 Popes Close, Garston, Hertfordshire, WD204DY. The force of the accident caused Janet to suffer a crushing type injury to her spine. As a result of the injury, she suffers from daily pain from the waist down; constant pain from all broken digits on both hands; a dislocated right shoulder and loss of hearing in her right ear. The prognosis is that she will not be pain free for at least 5 years. She will not be able to work as a tailor anymore. Pain from the dislocated shoulder is expected to last for one year following the accident, with limited range of movement for which she needs weekly physio therapy. As a result of the dislocation, she will suffer from arthritis in her shoulder when the weather is cold. She attends both hospital and physiotherapy appointments every week. Janet’s hospital reference number is JB4442379. She is being treated at St Martha’s Hospital, Wire Road, Isleworth, Middlesex, TW94DT.
The taxi costs so far for hospital and physiotherapy appointments are £1800. Prescription charges for medication are £900. A nurse assists her at home every day since the accident and the cost of this to date is £25,000. Janet is unlikely to make a full recovery and she will never be able to do a job that involves using her fingers. Her loss of earnings to date are £20,000. Her car is beyond economic repair and was valued at £15,000 before the accident.
- Draft the letter of claim in accordance with the Pre-Action Protocols for Personal Injury. Assume that you have already given preliminary notice to the defendant and have tried to enter into negotiations about rehabilitation needs. The defendant now needs to know how serious you are about taking legal action.
- You have been given a template letter and have done an exercise similar to this in Seminar 6. Revise Unit 6 on Letters of Claim.
- You can make up fictitious details where necessary, e.g. NI numbers, etc.
- Do not substantially alter any facts.
Page limit: 3 pages
Your assessment has a maximum page limit of three pages. Your work must be submitted in Arial font size 11 and double spaced. The margins must be the normal size assigned by Word (2.54 cm on both sides and top and bottom).
You must not attempt to circumvent the page limit by using a different font or changing the line spacing or margins.
Page limits will be strictly applied as you are being assessed on your ability to produce an answer within a proscribed format. Do not exceed the page limit in relation to your answer. Markers will not mark any work that appears beyond the prescribed number of pages and you will not be given any credit for the additional pages.
Download Lexis template Letter of Claim PI.doc
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