Civil & Personal Injury Litigation

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Civil Litigation is also available as a single unit certifcate from our Higher Certificate in Paralegal Studies qualification. The Higher Certificate is for legal staff with no formal training and students new to Paralegal work.

This syllabus is predominantly a procedural one and students will be expected to have a thorough understanding of the Tort of Negligence. Students will be assessed particularly on their writing ability and their ability to construct/draft relevant letters, documents and statements of case. Access to a Law Library or Law texts is essential and the Award involves research.

Syllabus

Preliminary considerations: Taking Instructions: Limitation of Actions; Financial aspects; Costs; Legal aid; Conditional fees; Counsel's opinion; Viability of Claim; Statement from Client; Confirming instructions

Action prior to Proceedings: Witnesses; Statements; Expert; Police Report; Medical; Notices: CRU; RTA 1988; Evidence: Site visit; Photographs; Witnesses; Medical Reports; Contracts; Letters; Other supporting documents; Damages: General; Special; DSS Recovery; Researching the law: Which Court; Parties; Letter of Claim; Negotiating a settlement

Commencing and Conducting the Action: County Court & High Court: Claim Form; Types; Issue; Service: Particulars of Claim: Judgment in default: Summary Judgment: Statements of Case; Defence: Counterclaim; Reply; Amendments; Request for Further Information; Tracks: Fast track; Multi-track; Small Claims; Joinder : Parties; Actions; Payment into Court: Directions: Disclosure; Interim Applications: Case Management; Preparing for Trial; Notices; Witnesses; Date; Briefing Counsel; The Hearing; Form; Procedure; Costs

Enforcement of Judgment: Interest on Judgments, Warrant of Execution - Writ of Fi-Fa; Third Party Debt Orders; Attachment of Earnings; Charging Order; Insolvency

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following:

Level 4 Diploma in Paralegals Studies

Level 7 Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 6

Other Equivalent (please specify)