LPC- Personal Injury and Clinical Negligence Complete Workshop and Prep Task Answers (Distinction Level) 2023

Table of content
UNIT 1: Road Traffic Accidents
Prep Task p. 3
a) Case Analysis p. 3
b) Pre- action steps/ steps to investigate liability p. 4
c) Advice on funding/ Conduct issues p. 5
Workshop Task 1 - Risk Assessment p. 6
Workshop Task 2 - Pre- action Obligations p. 5
UNIT 2: Employer’s Liability and Workplace Stress p. 9
Prep Task p. 9
a) Case Analysis p. 9
b) EL1 form p. 10
c) Next Steps p. 10
d) Reporting accidents and injuries at work and RIDDOR: p. 10
Workshop Task 1- Defendant’s Case p. 10
Workshop Task 2: Work Stress p. 11
UNIT 3: Clinical Negligence p. 13
Prep Task: Notes to advise on claim- Liability p. 13
Workshop Task 1: Instructing medical experts p. 19
Workshop Task 2: Case analysis based on medical notes p. 20
UNIT 4: Limitation and other Pre-action Considerations p. 22
Prep Task: Prepare Memorandum of Limitation and matters of p.22
substantive law and procedure
Workshop Task 1: Give advice on liability p.24
Workshop Task 2: Kate Moffet p.24
UNIT 5: Commencing Proceedings and the Defendant’s Response p.27
- Draft Particulars of Claim
Prep Task: Provisional Damages p.27
Workshop Task 1: p.27
Workshop Task 2: Draft Defense p.28
UNIT 6: Interim Payments; Special Damages p.34
Prep Tasks 1: p.34
Prep Task 2: General v. special Damages p.34
Workshop Task 1: Draft Schedule of Special Damages p.34
Workshop Task 2: Counter Schedule/ Challenging Schedule p.36
UNIT 7: General Damages: non-financial losses p.37
Workshop Task 1 and Prep Task 2: Likely heads of loss relevant for p.37
General Damages (Kate Moffet)
UNIT 8: Future Financial Losses; Infant Settlements; ClCA Claims p.38
Prep Task: Periodical payments; settlements on behalf of a child p.38
a) Periodical payments p.38
b) Child settlement procedure p.39
c) Documents required p.40
d) CFO Form 320 (initial application for investment of p.41
damages)
Workshop Task 1: FUTURE LOSSES p.42
a) Future Medical Expenses p.42

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, b) Future Loss of Earnings p.42
UNIT 9: Fatal Claims p.46
Workshop Task p.47
Question 1: causes of action against West Sussex Council; Documents
required
Question 2. Claims on behalf of the Estate p.48
Question 3. p.48
a) On what basis can surviving spouse bring claim?

b) 1. Past loss from date of death to trial
2.Future loss from date of trial onwards
Question 4. How long do personal representatives have to bring a claim p.51
against West Sussex Country Council?




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,PICN PREP TASKS + WORKSHOP TASKS ANSWERS
*Exam
- 3hr open book
- 10 MCQ (20% of mark)
- Written case study questions (80%)
-scenario based problem Q based around:
- RTA
- Employer’s Liability
AND

- Clinical Negligence



UNIT 1: Road Traffic Accidents


Prep Task
d) Case Analysis
- Next steps
- Funding
- Strengths and weaknesses
- Liability
- CFA
- DBA



Kate’s Losses:
- Fractured her left arm (dominant hand?)
- Dislocated collarbone
- Other injuries to fingers, arms and neck
- 8 days In hospital
- Hospital expenses/ travel
- Loss of earnings

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, - Difficulty in writing
- Damage to property (motorbike)
- Phycological damage (loss of confidence)
- Prescription costs
- Pain diary



e) Pre- action steps/ steps to investigate liability
- Who are the parties’
- Law + Fact: Duty, Breach , Causation, Defenses
- Evidence: strengths + weaknesses, documents, witnesses, experts
- Risk Assessment


Liability:
- Police report
- Witnesses
- Investigate officers thoughts
- Map + photos of location of accident
- CCTV- supermarket: may not be available
- Other witnesses
- Engineering report: bike- photos
- Weather
- Highway code
- Speed limit at location


f) Advice on funding/ Conduct issues
Code of Conduct obligations:
- Principle 7
- Para 8.7 Code for Solicitors
- Para 8.6 Code for Solicitors
*exam tests ethical issues always

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