“Dave Barrett” pre-litigation procedures

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Coursework Title: Students are asked:

  • To prepare written advice for “Dave Barrett” on pre litigation procedures to be adopted with reference to the under mentioned claims at page 5 of this document. This will test your ability to demonstrate a good understanding of the procedures involved in both civil and criminal litigation.
  • The word count is a total of 2000 words not inclusive of footnotes, with all sources appropriately referenced.
  • You must also attach a bibliography to this assessment. However the bibliography will not go towards your word count.
  • This assessment will count towards 70 per cent of your final grade. Intended Learning Outcomes

    In successfully demonstrating achievement of learning outcomes for this unit you will be required to reach the required threshold standard in each of your items of assessment. For this unit the threshold standards which must be satisfied are:

Threshold standards

Assessment number

In order to pass the assessment you will need to:

Identify the correct CPR and PACE rules to be applied to solve different factual problems and apply these rules in the correct chronological order.

Prepare a coherent written piece of advice as to relevant pre litigation procedures under the CPR, Bail Act 1976, Criminal Procedure Rules and PACE in relation to a complex factual scenario.

Reference all material cited using the appropriate legal form of citation (OSCOLA).

Guidance on completing your coursework:

Your work will be marked and feedback given against the following criteria:

Content: This will consider how well you construct an argument. Remember that a coursework assignment should have an introduction, a middle and a conclusion. Create a context for your work and focus on telling a story. Re-read your work to make sure it flows, and try to link your points to create a strong narrative. An outline plan of the points you are going to make, drafted before you start writing, can help with this.

Remember that the assessment is testing your ability to convey your understanding of a complex legal issue, therefore you should attempt as far as possible to explain the issues in your own words. Essays compiled from a series of quotes taken from a range of textbooks

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will not receive high marks. Quotes can be useful, but use them sparingly for maximum impact.

Research/ referencing this will principally be reflected in your bibliography, but a long list of texts will not be sufficient. The main way in which the breadth of your research will be demonstrated will be in the depth of your discussions. Use your research as a tool to build up an in-depth understanding of the topic which is under consideration. Don’t forget the importance of referencing your work correctly. Marks will be lost for failure to adequately reference your work and MAY lead to accusations of academic misconduct. If in doubt ask your Unit Co-ordinator.

Analysis/Application In an essay question this heading crosses over with content, but in essence you must think about how you are using the knowledge you have acquired to answer the question posed . This heading will also include consideration of the quality of your analysis of the legal issues and the strength of the arguments/ points you are making. Try to direct your discussions towards the question asked instead of engaging in a general discussion of the law.

Presentation Do not underestimate the importance of presentation. This includes spelling and grammar. Of equal importance is the correct use of abbreviations, presentation of case names and statutes and use of fonts. Law is about precision and detail, so a lack of care over presentation of your work does not allow you to demonstrate your skills.

Submitting your work:

It is essential that all work is submitted via the new BREO procedure. Failure to submit work on time (unless a valid mitigating circumstances certificate is forwarded to the unit co- ordinator) will result in a zero mark.. If you are unsure how to submit your work correctly please contact the unit co-ordinator.

Support for completion of your assignment

A week has been dedicated in the teaching schedule to offer support to students in the lead up to completion of the assessment. This will take place during normal teaching hours and will be open to all students enrolled on the unit without the need to make an appointment. During this time students may bring a draft copy of their coursework although advice will be limited to general comments regarding areas for improvement. Indicative grades will not be given.

Before this time the course tutor will be available to offer advice during office hours.

Grades

Coursework will be marked according to the following criteria:

70%+ detailed and accurate identification of the legal issues and application of the law to the facts, evidence of reading cases and academic commentary where relevant; excellent analysis and fully reasoned discussion of the law and legal issues such as the coherence of the law and any proposed legal reform; excellent written and presentational style including appropriate referencing.

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60-69% detailed and accurate identification of the legal issues and application of the law to the facts, evidence of reading cases and academic commentary where relevant; reasoned analysis and discussion of the law and legal issues such as the coherence of the law and any proposed legal reform; good written and presentational style including appropriate referencing.

50-59% identification of most legal issues; accurate application of the law to the facts, evidence of reading cases, good written and presentational style; adequate referencing; limitations at this level may be limited analysis or discussion of legal issues such as the coherence of the law and any proposed legal reform; lack of or limited evidence of reading relevant academic commentary.

40-49% basic identification of most legal issues; generally accurate application of the law to the facts, although some issues may be omitted; limitations at this level may be a lack of analysis or discussion of legal issues such as the coherence of the law and any proposed legal reform; no evidence of reading relevant academic commentary; weak written and presentational style; poor referencing.

39% – incorrect identification of legal issues; failure to apply law to the facts or incorrect application of the law to the facts; lack of analysis or discussion of the relevant law or legal issues such as the coherence of the law and any proposed legal reform; no evidence of reading relevant academic commentary; poor written and presentational style; poor citation of references.

Advice for Dave Barrett

Dave Barrett is a full time gym instructor. He is married to a Debra who is a self-employed yoga teacher. They live a healthy active lifestyle and love the outdoors.

On the 7th of December 2015, Dave was walking home from work and was at a pelican crossing near his house. The light turned green and as he started walking across the road he was hit at speed by a black car. He does not remember anything else about the accident.

Dave woke up in hospital on the 11th of December 2015. The car accident had resulted in cracked ribs and a broken leg. He was also quite bruised as his body had taken the full impact of the car. The doctors told him that he was lucky his injuries had not been more serious. Dave is aware that the police attended the scene of the accident.

Dave spent a further three months recovering at home. He was heavily dependent on his wife, during this time, both physically and emotionally. Dave has become progressively withdrawn and depressed since that time. Dave has not been back to work since the accident.

Dave and Debra starting falling behind on rent and bill payments so Debra took up additional paid employment as a receptionist in the evenings. Dave started drinking in order to get through the day.

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Dave keeps having flashbacks of the accident and feels like a failure for living off his wife. Debra has tried to get Dave to see a GP but he has repeatedly refused. Debra is adamant that he is depressed and needs proper treatment for this. She has sought the advice of a friend who is a healthcare professional. He has recommended that she take Dave to see a colleague of his, Peter Mead, who specialises in life change including depression after trauma. It is likely that Dave will need around 18 sessions of treatment at a cost of £50 each with an initial consultation fee of £125. Debra is currently trying to save money up for this.

On the 5th of June 2016, after having a row with Debra, Dave stormed out of the house and went to the local off licence to buy some alcohol. The shop keeper refused to serve him as he looked unkempt and smelt drunk. Dave got angry and pushed the fridge which resulted in the breakage of several glass bottles. The glass shattered over crates of fruit which then spilled over onto the floor. The shop keeper immediately called the police and Dave was arrested for criminal damage. Dave is currently in police custody pending further investigation into the incident.

You have now been instructed by Debra to act on behalf of Dave in relation to both these matters.

In relation to the civil claim, advise him in relation to all the issues of liability, causation and quantum. You will need to advise Dave on the relevant pre litigation procedures that will have to be fulfilled under the Civil Procedure Rules in order to bring such a claim before the appropriate courts.

In relation to the criminal matter you will need to advise Dave as to whether he can apply for bail. You must assess the strengths of the potential application on the facts and advise him as to the procedural steps that will have to be taken for such an application to be made on his behalf. Consideration must be given to the Bail Act 1976, Criminal Procedure Rules and the Police and Criminal Evidence Act 1984 where relevant.

End of assessment 

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