Unit 2 Civil Law in Action (Chapter 6)
Outcome 2 Pretrial procedure + ADR report
Karl Wegman 11L
Dear Mr Cowley, I look forward to researching into your dispute with Mr D’Arcy and representing you as a solicitor. My role is to provide clarity and action on behalf of my clients while attempting to address any issues you may have while we work out the best course of action to take in this case.
We will be making a civil claim in an attempt to receive compensation and restore you to the state you were in before you were wronged. Our desired outcome will be to either get a legally binding outcome after taking the matter through the courts or to settle for compensation outside of court, thus potentially saving us time and money, while denouncing D’Arcy in a public manner. The compensation we will be trying to receive will be in the form of specific damages, for medical and hospital expenses, and exemplary or punitive damages, as the court may wish to deter others from similar negligent action, whilst reprimanding D’Arcy.(AMOUNT) I will be assisting you with the process of pretrial procedure. We will calculate your likelihood of success if you continue to pursue this case through the courts. A number of pleadings need to be made in order to give the court a written record of the case and to inform both parties, yourself and D’Arcy of the claims being made. These procedures will entail a writ or originating notice.
This will be prepared by the two of us to be issued by the court. This notice explains the action that will be taken against the defendant, Mr D’arcy. This will be attached to the second document, the statement of claim. This statement gives extensive and precise details of the claim we shall make. D’Arcy as the defendant will have to prepare a notice of appearance to be filed with the court, and served with us, notifying us whether he or she wishes to defend the case. I have prepared a sample letter of demand to request an early settlement of the matter, and if a settlement cannot be achieved we may take the matter further.
Mr D’Arcy
82 Closetopoolstreet
Australia
25/08/2014 Dear Mr Nick D’Arcy, I represent Mr Simon Cowley, the veteran swimmer you hit in the bar in the bar in 2008. In
Sydney. The circumstances indicate that recklessly causing grievous bodily harm to Simon
Cowley and intoxication were the sole causes of the incident. Accordingly I look to compensate my client for his injuries. As a result of the blow, my client suffered having to quit his job, wear orthodontic braces, the insertion of titanium plates, and corrective surgery to repair the fractures. The estimated costs are
(i) Loss of earnings: $9500
(ii) Pain and suffering: 135,000
(iii.) Domestic assistance: $10,400
(iv.) Future outofpocket expenses: $6,200 I therefore seek 161,100 in compensation on behalf of my client. If full settlement is not received within 14 days, legal action will be taken against you. It is assumed that you would advise our party within seven days on your response. Please note that if recourse to a legal situation ensues, this letter will be used in court proceedings as evidence of your failure to attempt settlement Yours Sincerely
LoreSoot
Lore Soot
Solicitor
3 possible problems that you may face include:
● the long delays caused by pretrial procedure, as the full process can take time as Mr
D’Arcy may not respond for a while, and the court will take time to process documents.
● the high cost of legal representation can cause financial difficulty, causing you to have to pay extra expenses for law firm hire and multiple representatives. With the current expenses of the incident and damages caused, compensation should be focused upon your own medical expenses and pains, rather than extensive legal representation
● the difficulty of finding witnesses who remember the details needed to prove the case,
