Vocational

Scenario 1

You are a paralegal at Stuart and Little LLP, a reputed law firm in London. You are working for Mr John Carter, a senior solicitor who has a meeting with  very important client, Ms Helena Müller from Germany later in the week.

She is unfamiliar with the English Legal System and requires in depth information and knowledge on how the legal system works as she would like to file a case in the UK courts.

She further requires information in regards to the role of the UK government in law making.

You have been asked by Mr John Carter to write a report to Ms Helena Müller providing the vital information asked in P1 and P2 below .

Vocational Scenario 2

Company Law – Collin and David are friends who are planning to start a food catering business. After some months of planning, both have decided to set up a company so they can conduct their business. They are unsure what to name their company but are thinking of either ‘F U Caterers Ltd’ or ‘Food United Caterers Ltd ’.

Employment Law – Sophia, who is an employee at GST Ltd. is usually away from work for around 30% of the time. Her work colleagues did not like this and made several complaints to the line manager but she had always provided medical certificates for the time she was absent from work. However, she received several warnings for her repeated absences. She was made clear that if she persists then she risks dismissal. Prior to her dismissal, GST Ltd. consulted their medical advisor who adjudged that the illness is not related to work and it is unverifiable and recommends that it is not worth a consideration.  On that recommendation, GST Ltd. dismissed her.

Contract Law – Mrs Khan had her car serviced from a local garage AD Motors Ltd. The agreement states that Mrs Khan would pay 50% of the charges upfront and the rest of the 50% upon completion.

After two days, when she received the car from the garage, she suspected that the car parts used were not original and brand new but AD Motors Ltd insisted that they had used the brand new parts which are less costly than original parts.

After discovering that the parts were not original, Mrs Khan refused to pay the remaining balance.

Using specific examples given in scenario 2, illustrate how company, employment and contract law has a potential impact upon business.

As a Junior Legal Executive in a small law firm, you are required to write a report to the parties given in the vocational scenario 2.

The following must be included in your report :

1.   Advise Collin and David on the steps they will need to take, and any issues or restrictions they should bear in mind, in creating and naming their company.

2.   Advise Sophia about her rights in relation to employment with this firm especially on her dismissal.

3.   Advise Mrs Khan about her rights and obligations in relation to the terms of the contract with AD Motors Ltd.

Vocational Scenario 3

Termination of Contract – A construction company, Prestige Home Building (PHB) Ltd is assigned to construct a brand new 5-bed house for  Mr Singh for an agreed price of £500,000. PHB Ltd has abandoned the work after completing only 60% of the house. Mr Singh has made substantial payments to PHB Ltd. for the work. Mr Singh finished the construction using the materials left by PHB Ltd.

PHB Ltd sued Mr Singh for the value of the material used by Mr Singh and for the value of the work.

Company Law – Over the last year “Busy Bees Ltd” have really struggled and have seen their business go down dramatically. As a consequence, a winding up order was made on 15th July 2017 against Busy Bees Ltd, following a creditor’s petition which was presented to the court on 28th June 2017. Samantha has been appointed liquidator of Busy Bees Ltd.

The creditors of Busy Bees Ltd include:

·         Aston Building Society, which is owed £180,000 and has a fixed charge (duly registered) over Busy Bees Ltd.’s freehold premises. Busy Bees Ltd.’s premises have been valued at £150,000

·         Samantha has incurred costs and expenses of £10,000.

As a Junior Legal Executive in a small law firm, write a letter to the clients mentioned in the scenario 3.

The following must be included in your letters:

1.    Advise Mr Singh in regards to litigation against him by PHB Ltd.

2.    Advise Samantha on how the company’s assets should be distributed to the creditor.

In 2013, HPG (UK) PLC commenced arbitration in the UK, claiming breach of contract as a result of AFG’s failure to deliver gas.

AFG challenged that the dispute must be heard at arbitration in the country where AFG is based.

As a Commercial Solicitor in a large city firm, write a letter to AFG Oil Company:

1.  Advise AFG Oil Company of their legal rights to resolve the dispute at arbitration.

Critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice.