He has met with an accident and is injured. The injury was caused to William due to the negligence on the part of the driver Mr. B. Johnson in a RAT. The accident took place on 12th April 2007. William…
Download file to see previous pages...
ct 2007, states that a solicitor cannot act for two or more clients where there is a conflict of interest between them or a significant risk of such a conflict arising. Conflict of interest would arise in case the firm is responsible for the case of both the parties that is Mr. Bragg or Mr. Johnson in relation to the RAT or any related matter. A check should therefore be carried out and assured that the firm is not representing Mr. Johnson either in this case or any other case as a matter of fact.1 But from the file it looks that there is no conflict of interest and a note to this extent will be made in the file.
Section 24 A (2) of the Limitation Act lays down the limitation period for claims for damages for personal injuries arising out of negligence, nuisance or breach of duty. The limitation period is the later of:
In this case the accident took place on 12th April 2007 and based on Section 11(4) Chapter 58 of the Limitation Act 1980 (as amended by the Latent damage Act 1986) the time for calculation of the limitation period began to run from the date the accident took place. The limitation period for this accident is 12th April 20102. Thus Mr.Bragg can be given an assurance that he still is within the limitation period to make the claim. After the file is studied properly it is clear that there is very little time on hand for the limitation period 3 within which the procedure has to be started. But there is no evidence in the file with regard to the fact that any application is made to the court4 for extension of the limitation period so that the documents and other evidences supporting the case can be accumulated. Also time is required to carry out the pre-action protocols with regard to the personal injury claim. In the event the claim is barred by the statute and refusal on the part of the court for extension of the limitation period then under such circumstances the client can sue the firm for negligence on its part.
The driver Mr. B. Johnson was
...Download file to see next pagesRead More
Cite this document
(“Law In Practice - University Level-3-CIVIL PROCEDURE Essay”, n.d.)
Law In Practice - University Level-3-CIVIL PROCEDURE Essay. Retrieved from https://studentshare.org/miscellaneous/1565779-law-in-practice-university-level-3-civil-procedure
(Law In Practice - University Level-3-CIVIL PROCEDURE Essay)
Law In Practice - University Level-3-CIVIL PROCEDURE Essay. https://studentshare.org/miscellaneous/1565779-law-in-practice-university-level-3-civil-procedure.
“Law In Practice - University Level-3-CIVIL PROCEDURE Essay”, n.d. https://studentshare.org/miscellaneous/1565779-law-in-practice-university-level-3-civil-procedure.
There are a variety of reasons why the court may award this, but the fact remains, that this award is discretionary. What follows is a discussion about undertakings, why they are necessary, what function they serve, and how they operate. Discussion The practice of requiring an undertaking before being granted an interim injunction began in the 19th Century with the case of Novello v.
The officer does not need a warrant to enter the garage to arrest the defendant. If the Officer has probable cause to believe the defendant to be armed and dangerous, these would be considered an exigent circumstance1 which merits a warrant less search of the garage to apprehend an armed and dangerous suspect.
Punishment is something that is directly or indirectly meted out on an individual and within the context of that very punishment; there are issues which look at the moral and ethical side of things. Punishment is something that needs to be understood in the light of the crime that has been done and not merely for the sake of ill treatment and harsh actions which are put on the offender.
Between these two legal systems there are several differences however the most important one is the absence of Codes (i.e. codified legal rules) in the countries of Common law while for the Civil law countries Codes constitute the
In addition in October 2008, the European Commission issued a scheme for a new ruling on user rights which, if followed as promulgated, will only lead to the abolition of the right to reject in UK.
The remedies that a consumer can avail for faulty goods
When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case which is similar in nature. The systems of rules of Common law is dependent more on
Finally, they find it boring to attend or study their subjects leading them to receive lower marks especially during exams.
On the other hand, one of the reasons why university students pass university classes is their level of enthusiasm
As e-discovery services are being called by more litigation, law firms have realized that quality litigation support is not an item to be bought only on price (Brodnik 134-9). Since e- stored information (ESI) are on the increase, case laws are still under
1 Pages(250 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Law In Practice - University Level-3-CIVIL PROCEDURE for FREE!