WORKSHOP 1
TASK 1
Court Scenarios
Scenario 1
Tayo wants to sue his builder for breach of contract. He alleges that the
builder has not fitted his office properly. Tay alleges that the office should
have had a number of power sockets and space for two screens and a
computer. In fact, there was only one socket and instead of desk space
there were lots of shelves. Tayo paid the builder £800 for the job. In which
court should proceedings be issued?
County court – small claims track – CPR 29.1.4- Straightforward
case- cheaply and quickly- doesn’t really need to go through the
stages
Scenario 2
Kasia has been fired from her job as a teaching assistant in a local primary
school. She alleges that the school fired her because she has recently
been diagnosed with a disability. She is concerned about not having a job
and her ability to afford her bills. Where should Kasia issue proceedings?
Employment Tribunal
Scenario 3
Eddie had his case heard in the Commercial Court in the King’s Bench
Division1 . The judge found him liable for injuries to members of the public
as a result of a defect in washing machines supplied by his company.
Eddie believes that the judge made an error of law of wishes to appeal his
case. In which court should Eddie lodge his appeal?
Court of Appeal- CIVIL DIVISION
Scenario 4
You are instructed in a personal injury case which you think will result in
about £30,000 of damages. It is alleged that the claimant tripped over a
tree root in his neighbour's garden at a garden party and banged his head
, on the edge of the stone patio resulting in significant injuries to his head
and body. Where should proceedings be issued?
County court -intermediary track – CPR 28
TASK 2
UNSEEN QUESTIONS ON CPR
Rule 1.1- important- very important- overrides all the rest of the rules
1. What is the overriding objective?
The overriding objective is to enable the court to deal with cases
justly and at proportionate cost. It applies to the court, the
parties and the witnesses in civil proceedings in England and
Wales.
Fairly – justly
Cost effective
2. What are the duties of the parties to further the overriding objective?
CPR 1.3 requires a party to assist the court to further the
overriding objective. This means that a litigant must act in a co-
operative, proportionate and reasonable manner during the
litigation process to minimise costs. In reality, this may mean
discussing and seeking to agree the scope of any disclosure
exercise.
3. How does the court manage cases?
1.4 (2)
(a) encouraging the parties to co-operate with each other in the
conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and
trial and accordingly disposing summarily of the others;
TASK 1
Court Scenarios
Scenario 1
Tayo wants to sue his builder for breach of contract. He alleges that the
builder has not fitted his office properly. Tay alleges that the office should
have had a number of power sockets and space for two screens and a
computer. In fact, there was only one socket and instead of desk space
there were lots of shelves. Tayo paid the builder £800 for the job. In which
court should proceedings be issued?
County court – small claims track – CPR 29.1.4- Straightforward
case- cheaply and quickly- doesn’t really need to go through the
stages
Scenario 2
Kasia has been fired from her job as a teaching assistant in a local primary
school. She alleges that the school fired her because she has recently
been diagnosed with a disability. She is concerned about not having a job
and her ability to afford her bills. Where should Kasia issue proceedings?
Employment Tribunal
Scenario 3
Eddie had his case heard in the Commercial Court in the King’s Bench
Division1 . The judge found him liable for injuries to members of the public
as a result of a defect in washing machines supplied by his company.
Eddie believes that the judge made an error of law of wishes to appeal his
case. In which court should Eddie lodge his appeal?
Court of Appeal- CIVIL DIVISION
Scenario 4
You are instructed in a personal injury case which you think will result in
about £30,000 of damages. It is alleged that the claimant tripped over a
tree root in his neighbour's garden at a garden party and banged his head
, on the edge of the stone patio resulting in significant injuries to his head
and body. Where should proceedings be issued?
County court -intermediary track – CPR 28
TASK 2
UNSEEN QUESTIONS ON CPR
Rule 1.1- important- very important- overrides all the rest of the rules
1. What is the overriding objective?
The overriding objective is to enable the court to deal with cases
justly and at proportionate cost. It applies to the court, the
parties and the witnesses in civil proceedings in England and
Wales.
Fairly – justly
Cost effective
2. What are the duties of the parties to further the overriding objective?
CPR 1.3 requires a party to assist the court to further the
overriding objective. This means that a litigant must act in a co-
operative, proportionate and reasonable manner during the
litigation process to minimise costs. In reality, this may mean
discussing and seeking to agree the scope of any disclosure
exercise.
3. How does the court manage cases?
1.4 (2)
(a) encouraging the parties to co-operate with each other in the
conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and
trial and accordingly disposing summarily of the others;
