Dispute Resolution - Bear Cycles Limited - Case Study - Law Assignment Help

Assignment Task:

Task:

QUESTION 1
You are instructed by Bear Cycles Limited (“Bear”). It wants to sue its former firm of accountants, Meers & Partners (“Meers”) for negligent misstatement. You give preliminary notice of the claim to Meers pursuant to the Professional Negligence Pre- action Protocol (“the PN-PAP”) and start to write a first draft of a Letter of Claim. Which ONE of the following statements is CORRECT?

A As Bear have never dealt with Meers’ insurers and you do not know who they are, there is no need to refer to Meer’s insurers at all either in the preliminary notice or in any later Letter of Claim.

B You must mark both the preliminary notice and any later Letter of Claim “without prejudice” so that neither can be brought to the attention of the court.

C The PN-PAP states that the preliminary notice should be acknowledged by Meers in writing within 21 days of receipt.

D If you choose to obtain expert evidence at this stage, the PN-PAP guarantees that such an expert can be used at trial.

QUESTION 2
You are instructed by Flexease Limited (“Flexease”), a company that manufactures and sells underground cables. The insulation used in Flexease’s cable-manufacturing process is provided by Cresson PLC (“Cresson”) under a written contract between the two companies dated 6 January 2020 (‘the Contract’). The Contract says nothing about limitation.

Flexease alleges that materials delivered to it by Cresson on 9 January 2020 did not comply with the specifications in the Contract. Flexease only discovered this problem on 8 June 2020 when it received a customer complaint about the thickness of insulation on some cabling Cresson had supplied. Your instructions are to bring a claim against Cresson for breach of the Contract.

Which ONE of the following statements is CORRECT?

A The statutory limitation period for the claim is 6 years from 9 January 2020.
B The statutory limitation period for the claim is 6 years from 8 June 2020.
C The statutory limitation period for the claim is 6 years from 6 January 2020.
D The statutory limitation period for the claim is 3 years from 8 June 2020.

QUESTION 3
You are instructed by Regency Hotels Ltd (“Regency”). Regency wishes to sue Aircool (“Aircool”), a partnership which supplies air conditioning units to hotels owned by Regency. Regency alleges that the air conditioning units are faulty. Regency estimates its damages at £312,554.

Negotiations take place but they fail. You are instructed to issue proceedings against Aircool. Your supervising partner asks you to draft the Claim Form leaving the section entitled “Particulars of Claim” blank, as you will draft and serve the Particulars of Claim separately at a later time.

Which ONE of the following statements is CORRECT?

A The claim is for a specified amount, so a figure for CPR 45 “fixed costs” should be included on the Claim Form in the box marked “legal representative’s costs”.
B As Particulars of Claim will follow the Claim Form, there is no need to give details of the nature of the claim on the Claim Form itself.
C Aircool should be described on the Claim Form as “Aircool (A Firm)”.
D When the Claim Form is served on Aircool it must acknowledge service irrespective of whether it later receives Particulars of Claim from Regency.

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