COUNCIL OF LEGAL EDUCATION

HUGH WOODING LAW SCHOOL

St. Augustine

YEAR II 2020/2021

CIVIL PROCEDURE AND PRACTICE II

Course Director: Ms Paula Pierre

WRITTEN ASSIGNMENT NO. 3

INSTRUCTIONS TO STUDENTS:

1. The grade awarded in this assignment will be utilised for purposes of final grading.

2. Every assignment script must be submitted under cover of the official cover page. The
cover page will be sent to you via TWEN with the assignment.

3. Where necessary, the question(s) may be answered in accordance with the law of the
territory of the student’s choice; such law should be stated at the top of the cover page.

4. The answer, including any documents to be drafted, must be type-written using 1.5 line
spacing with 12 pitch (font size 12) on letter-size (8½" x 11") with a 1½" margin on the
left hand side. Pages must be numbered.

5. Where a word limit is prescribed, the total word count, as generated by a computer
programme, must be printed at the end of the assignment. The word count does not include
citations. Students who exceed the word limit shall be awarded one grade lower than
the grade that the paper would otherwise have received.

6. The use of footnotes and/or endnotes is prohibited.

7. ONLY ONE assignment script shall be uploaded VIA TWEN by 2:30 p.m. Eastern
Caribbean Time (ECT) on Wednesday March 17, 2021.

8. Copies of assignments transmitted by facsimile (fax) machines or e-mail will not be

accepted and will not be submitted for grading.

9. Students are required to identify their scripts by the use of their I.D. numbers instead of
their names; these numbers should be written clearly on the bottom right-hand corner of
the cover page, and on every page of the assignment.

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March 3, 2021
 COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
St. Augustine

YEAR II 2020/2021

CIVIL PROCEDURE AND PRACTICE II

Course Director: Ms Paula Pierre

WRITTEN ASSIGNMENT NO. 3

Jack Daniel was injured in a road traffic accident on May 20, 2019. He retained you to file an
action for damages for negligence against William Bing, the owner and driver of the motor
vehicle which knocked him down while he was crossing the road.

The trial of the action was fixed for February 26, 2021. Jack did not attend the trial of the claim
on February 26, 2021. You asked the Judge to stand the matter down for half an hour in order
to contact Jack. The trial judge, Barny J, agreed to do so.

At the end of the half hour, you informed the judge that you were unable to contact Jack. Barny
J. decided to proceed with the matter in the absence of your client.

Without hearing any evidence, he gave judgment for the Defendant on the Claimant’s claim as
well as on the Defendant’s counterclaim.

It was the second time the matter had been set for trial and both you and your client had been
absent on the previous trial date in November 2020.

Jack’s wife contacted you at about 6:30 pm on February 26, 2021 and advised that Jack had
been arrested by police on his way to court on an outstanding warrant. Jack was released on
March 1, 2021 and visited your offices on March 2, 2021 to find out about the trial.

Jack is very concerned that the court granted judgment in favour of the Defendant without
hearing his witnesses. You have checked with the court office and the order made on February
26, 2021 has not been signed by the Registrar.

Instructions:

(a) Advise Jack as to any application that he can make and the merits of such
application. (Word limit for Part (a): 1,000 words)

(b) Draft the appropriate application.

Students are required to supply any particulars or incidental information that may
be necessary to draft the above documents without materially changing the above
facts.
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March 3, 2021