SPECIMEN LLB ASSESSMENT
CIVIL DISPUTE RESOLUTION
PORTFOLIO TASK
On submitting this Assessment, you will be deemed to have completed the following declaration: “I declare that this is my own unaided work and if this statement is untrue I ACKNOWLEDGE that I have cheated.”
INSTRUCTIONS TO CANDIDATES
Type your candidate number on each page of your answer and follow the submission instructions as directed by The University of Law.
There is a word limit of 1,000 words for answering this Task. Excess words over the word limit will not be read or marked.
Your submitted work must be word processed. You should give a word count at the end of the document.
For this Assessment you will be assessed against these Assessment Criteria
1. Demonstrating research skills to locate relevant primary and secondary sources and appropriate practitioner resources.
2. Demonstrating knowledge and understanding of the relevant legal principles, procedures, Civil Procedure Rules and issues by applying them to the relevant facts of a claim or defence.
3. Presenting an answer in an appropriate structure; reaching a logical conclusion or giving relevant advice; critically evaluating a draft document.
4. Expressing an answer clearly and concisely, using correct grammar and spelling, using appropriate technical legal language where necessary and using formalities appropriate to the purpose and context.
The contents of this Assessment are confidential. You must not disclose, discuss or express an opinion on the contents of this Assessment or your answer to it to any other person, by any means.
In particular, you should note that you may not consult any member of The University of Law staff nor any other person on any aspect of the content of this Assessment. If you are in any doubt as to how to interpret any word or phrase in this Assessment you should decide for yourself which interpretation to adopt.
By submitting this Assessment, you are confirming that you are fit to sit, in accordance with the Assessment Regulations.
QUESTION
You are a trainee solicitor with the firm of TRB LLP of 4 The Street, Christlethorpe, Guildshire GU19 4RF.
Assume that your firm was instructed in June 2020 by Trends (Guildshire) Limited in connection with a dispute that had arisen with Yarn (Mythshire) Limited, one of its suppliers of fabric.
At the initial interview you took a proof of evidence from Mr Christopher Swann, the marketing director of the client company (this is Document A attached).
Pre-action negotiations fail. You are instructed to obtain an independent expert’s report (not produced for the purpose of this Assessment). You instruct Professor Samuel Moore, an expert in the manufacture of cotton fabric. He agrees with all the observations of Andrew Greenwood (see paragraph 5 of Mr Swann’s proof of evidence, Document A) and concludes that the fabric material supplied was inferior grade C interwoven fleece cotton, whereas the sample was superior grade B.
Your firm is now instructed by Mr Swann to issue proceedings. The draft documents are to be sent to him for his approval. Mr Swann will sign all documentation on behalf of the client company. Your firm is authorised to accept service of court documents on behalf of the client at its Christlethorpe address. This includes it document exchange box number 6352 Christlethorpe 2. The file reference is T/Y/MLB/.9876.
Proceedings are to be issued in the Christlethorpe District Registry of the Queen’s Bench Division of the High Court. Your supervising solicitor is preparing the claim form. Your supervising solicitor hands to you the attached draft particulars of claim (Document B) that have been prepared by another trainee.
Your supervising solicitor asks you to critically evaluate how the particulars of claim have been drafted. If you would have drafted any part of the particulars of claim differently, you must say how you would do so and why. Where appropriate, you should include relevant references to the Civil Procedure Rules or any other legal authorities.
You do not have to redraft any part of the particulars of claim, but, if you do so, you must remember to give your reasons for doing so.
Set out your answer in a memorandum to your supervising solicitor.
NOTE TO CANDIDATES ABOUT THE WORD COUNT
Do not include in your word count any of the following:
(a) any of the material that you include from Documents A and B;
(b) any references that you make to the Civil Procedure Rules or any other legal authorities.
Document A
NOTE TO CANDIDATES
None of the documents mentioned in this Document A are produced for the purpose of this Assessment.
I, Christopher Swann of Trends (Guildshire) Limited of 55 The Cam, Weston, Guildshire GU98 7RZ, will say as follows.
I am the marketing director of Trends (Guildshire) Limited (“Trends”) and have been on the Board since 1999. The company is a successful designer and manufacturer of fashion clothing. My role in the company includes the purchase of raw materials, including cotton, to make up into clothing.
About 6 months ago we decided to launch a new range of cotton tops. I could only get the quantity and quality of cotton that we needed from a new supplier to us, Yarn (Mythshire) Limited (“Yarn”) of 1 Industrial Lane, Northway, Mythshire MY5 9GX. Yarn’s website states that it is the third largest manufacturer of commercial cotton in England. On 18 March 2020, I telephoned their sales manager, Mr Richard Field, and he agreed to send to me a variety of samples of fabrics and a price list.
The samples and price list arrived on 2 April 2020 by courier. Our designers selected a material called “Autumn Gold” and our technical staff recommended that I order 10,000 metres of it.
I telephoned Mr Field on 10 April 2020 and placed an order for 10,000 metres of Autumn Gold. I was able to negotiate a favourable price of £10 per metre. As I had never dealt with Yarn before I said, “I must insist that the fabric supplied corresponds exactly with the sample you sent.” Richard Field agreed to this unconditionally. I sent by courier that day a banker’s draft made payable to Yarn in full payment.
The material arrived on 15 April 2020 and I asked Liam Bow, our Head of Quality Control, to check it. He came to see me the next day and said that the colour of the fabric was very poor and that it felt so rough that it could not be used. So, I immediately sent the fabric for analysis by our Technical Director and in-house expert, Andrew Greenwood. I got his report on 22 April 2020. This stated that whilst the sample had been a deep yellow colour and felt soft, the cotton supplied was rather dull and somewhat coarse. We could not use it in production. I tried to contact Richard Field by telephone but no-one at Yarn would take my calls. I therefore faxed a letter to him on 23 April 2020 stating that the fabric was no good, that we were rejecting it as it didn’t conform to the sample and that we wanted our money back. The fabric is still at our warehouse awaiting collection.
As the material supplied was no good to the company, I arranged at very short notice on 25 April 2020 to buy 10,000 metres of a suitable replacement cloth from Fashions (Guildshire) Limited. This cost us £15 per metre. Fortunately, the company has been able to meet all its deadlines for goods made out of this material and we’ve not lost any contracts. So, what we want from Yarn is the money back that we paid them for the material, as well as the extra money that we had to pay Fashions (Guildshire) Limited for the replacement fabric.
A few days later, I finally managed to speak to Mr Field. He would not accept that the cloth supplied was such that we were entitled to reject it. He refused to send anyone to collect it.
I believe that the facts stated in this proof of evidence are true.
Dated: 22 June 2020
Signed:
Document B
[Claim number]
In the HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BETWEEN
TRENDS (GUILDSHIRE) LIMITED
Claimant
and
YARN (MYTHSHIRE) LIMITED
Defendant
PARTICULARS OF CLAIM
At all material times the Claimant company manufactured commercial cotton and the Defendant company designed and manufactured fashion clothing.
During a telephone conversation, Trends (Guildshire) Limited by its marketing director, Christopher Swann requested from Yarn (Mythshire) Limited, represented by its sales manager, Richard Field, a variety of samples of fabric and a price list.
The Claimant received the samples on 2 April 2020. The Claimant decided to order a quality of 1 sample of fabric, known as Autumn Gold (“the Sample”).
By a contract (“the Contract”) made on 10 April 2020 between the Claimant, represented by Christopher Swann and the Defendant, represented by Richard Field, the Defendant agreed to sell ten thousand metres of Autumn Gold fabric (“the Fabric”) to the Claimant for the sum of £100,000. The Claimant paid the Defendant that agreed sum in full that day.
At the time of making the Contract, Mr Swann said to Mr Field, “I must insist that the fabric supplied corresponds exactly with the sample you sent.” Mr Field agreed to this.
Alternatively, or additionally, the Defendant sold the Fabric during the course of its business. It was therefore an implied term of the Contract that the bulk of Fabric supplied would be of satisfactory quality.
In performance of the Contract the Defendant delivered the Fabric to the Claimant on 15 April 2020.
In breach of the Contract the Fabric supplied was a dull yellow.
On 23 April 2020 the Claimant informed the Defendant that it was rejecting the Fabric.
The Defendant has wrongfully refused to accept back the Fabric.
As a consequence of the breach of the Contract the Claimant could not use the Fabric.
By reason of the breaches of the Contract the Claimant has suffered damage and loss.
(a) Consideration paid: £100,000.
(b) Additional cost of alternative fabric: £50,000.
The Claimant claims interest on damages awarded.
AND THE CLAIMANT CLAIMS:
1. Damages under paragraph 12 above;
2. Interest under paragraph 13 above.
[Date]
STATEMENT OF TRUTH
I am duly authorised by the Claimant to make this statement.
Signed ………………………………………………………
CHRISTOPHER SWANN, Marketing Director of the Claimant company.
The Claimant’s solicitors are TRB LLP of 4 The Street, Christlethorpe, Guidshire GU19 4RF, DX 6352 Christlethorpe 2 (reference is T/Y/MLB/.9876) where they will accept service on behalf of the Claimant.
To: the Court Manager and the Defendant.
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