1 - Case analysis & Investigation

Question 1

What must be established in a tort of negligence claim?

Answer 1

1. Duty
2. Breach
3. Causation
4. Loss

Question 2

How do we establish duty in a contract for the supply of goods?

Answer 2

Section 14 SGA 1979: fitness for purpose, satisfactory quality, corresponds with description

Question 3

How do we establish duty in a contract for the supply of services?

Answer 3

Section 13 SGSA 1982: implied term to supply service with reasonable care and sill

Question 4

How do we establish causation?

Answer 4

But for test

Question 5

purpose of Limitation Act 1980

Answer 5

C cannot recover damages after the relevant limitation period

Question 6

Limitation Act - 6 years from date cause of action accrued

Answer 6

Tort - when the damage occurred

Question 7

Limitation Act - 6 years from the breach

Answer 7

Contract

Question 8

Can you sue in both tort and contract?

Answer 8

Yes - concurrent duties under Henderson v Merrett - but court will only award recovery in one

Question 9

What is the first step in pre-action protocol?

Answer 9

C sends a Letter of Claim to D

Question 10

What is the first step in pre-action protocol in professional negligence cases?

Answer 10

C sends a preliminary notice to D

Question 11

What value of claim is usually heard in the High Court?

Answer 11

Claims over £100,000

Question 12

What factors are considered when the case can be heard in either HC or CC?

Answer 12

• financial value
• complexity of facts/legal issues
• importance of outcome to the public

Question 13

In which division are contract and tort claims heard in High Court?

Answer 13

QBD

Question 14

CPR 1.1

Answer 14

The overriding objective: to enable the court to deal with cases justly and at proportionate cost. Should be considered at every stag of the process

Question 15

What is the effect of the HRA on civil litigation?

Answer 15

It enshrines the ECHR rights into domestic law - courts must act in compliance

Question 16

What are pre-action protocols and why do we have them?

Answer 16

• Set out what the parties should do before the court is involved
• There are specific protocols for certain types of claims
• Force the parties to put all the cards on the table, encouraging discussion and hopefully settle the dispute before needing to initiate court proceedings

Question 17

What if the claim doesn’t have a specific pre-action protocol?

Answer 17

Parties must follow the Practice Direction on Pre-Action Conduct - sets a standard of behaviour for parties to follow

Question 18

When do court proceedings commence?

Answer 18

When the claimant requests the court to issue a claim form