Concise guide and example of typical submissions and structure needed to pass the LPC advocacy assessment with flying colours! Everything you will need to know for a classic civil litigation submission is in this document. This will save you so much time from reading very lengthy chapters.
Claimant
o Fuji Fayre Limited (‘Fuji’)
o Small business which manufactures and supplies electric woks
o Managing Director – Andrew Asquith: electrical engineer by profession
Defendant
o The Noodle Exchange Limited (‘TNE’)
o Runs a small chain of Japanese restaurants located throughout the UK
o Managing Director – Hana Yoshida
Representing
o Defendant: TNE
Matter
o Breach of contract
Application
o CPR 3.1(2)(a) - Extension of time
o CPR 15.4 - Deadline for D to file the defence
- 28 days from DDS of CF/PoC (since D has filed an AoS) = 22 April
o Parties can agree a further extension of up to 28 days (total of 56 days from
DDS of CF/PoC) = 20 May
o
Chronology
Early Dec 2021 – Yana Yoshida contacted Andrew Asquith.
o Yana Yoshida wanted to purchase 2 electric woks
o These woks would be used to produce made to order Japanese street food at
its restaurants under the slogan ‘Your Japan straight from the Wok’
o TNE would launch this new initiative at two of its most popular restaurants
located in Birmingham and Solihull
o Andrew invited Hana to Fuji’s showroom to show her the different types of
woks and help her select an appropriate model
07 Jan 2022 – Hana visited Fuji’s showroom to meet Andrew
o Decided that the Fuji 3000 electric wok would be an appropriate model for
TNE to buy
o Did not require specialist fitting, could be simply plugged into any electrical
socket
o Contained an internal thermostat which would shut down the wok should it
overheat
o Hana agreed that TNE would purchase 2 Fuji 3000 woks
o Contract drawn up and signed the same day (Doc A)
26 Jan 2022
- woks were delivered to the Birmingham and Solihull outlets
o Each wok was delivered with a full set of instructions for use
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