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    Question 5 is likely to be the civil court procedure or the track system and question 6 is literally always how to calculate damages
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    (Original post by Hakeem.419)
    Question 5 is likely to be the civil court procedure or the track system and question 6 is literally always how to calculate damages
    aww ok thanks mate! btw good luck for tomorrow!
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    (Original post by Hakeem.419)
    Question 5 is likely to be the civil court procedure or the track system and question 6 is literally always how to calculate damages
    The January 2013 paper had a question saying:
    "Assuming that Sam is sued for negligence by Tanya, outline the procedure which would be followed before a trial took place (5 marks)" instead of the three track procedure and an example answer would be:
    Before a trial, effort should be made by the claimant to avoid court action. The parties may try to negotiate an agreement or perhaps opt for arbitration. Failing that, the parties’ behaviour would be governed by the pre-action protocols. These encourage contact between the claimant and defendant and a swift exchange of information. Failing to follow these could incur court costs. The claimant would start their action using an N1 claim form if there had been no reply to a letter before action. The other party would then need to respond to this using an N9 form if they wanted to defend the claim and perhaps make a counterclaim. Beyond this the case would be assigned a “track” and court under the Civil Procedure Act 1997. The judge would assume management of the case and ensure that each side’s evidence is disclosed to the other.
    Just a heads up for one that could come up
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    (Original post by ToastAlchemist)
    The January 2013 paper had a question saying:
    "Assuming that Sam is sued for negligence by Tanya, outline the procedure which would be followed before a trial took place (5 marks)" instead of the three track procedure and an example answer would be:
    Before a trial, effort should be made by the claimant to avoid court action. The parties may try to negotiate an agreement or perhaps opt for arbitration. Failing that, the parties’ behaviour would be governed by the pre-action protocols. These encourage contact between the claimant and defendant and a swift exchange of information. Failing to follow these could incur court costs. The claimant would start their action using an N1 claim form if there had been no reply to a letter before action. The other party would then need to respond to this using an N9 form if they wanted to defend the claim and perhaps make a counterclaim. Beyond this the case would be assigned a “track” and court under the Civil Procedure Act 1997. The judge would assume management of the case and ensure that each side’s evidence is disclosed to the other.
    Just a heads up for one that could come up
    Thanks good luck for tomorrow
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    I know its been awhile now, but how did everyone find the exam?

    I also have a question to ask, In the breach question where you had to cover reasonably foreseeable, proximity and just fair and reasonableness, did anybody expand the reasonably foreseeable bit to include Fairchild v Glenhaven in that if the guy who bought the contaminated food had bought other contaminated food from another person that day he would of had the right to sue either of the sellers? Was this point valid and do you think i would be credited for it?
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    (Original post by Lawstudent05)
    I know its been awhile now, but how did everyone find the exam?

    I also have a question to ask, In the breach question where you had to cover reasonably foreseeable, proximity and just fair and reasonableness, did anybody expand the reasonably foreseeable bit to include Fairchild v Glenhaven in that if the guy who bought the contaminated food had bought other contaminated food from another person that day he would of had the right to sue either of the sellers? Was this point valid and do you think i would be credited for it?
    have you done Tort law yet?
 
 
 
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