You are a trainee Solicitor in the firm of Camerons of Camerons Hall, Stuart House, SH132JB. You are in the civil litigation team and your supervising partner is Esther Johnson. Your local court is the Stuart House County Court.

You arrive at work on Monday morning and receive a call from Esther. She asks that you check the case of Blackburn and progress any matters that require attention.
Blackburn File summary of notes:
Blackburn Limited (file ref: your student number). Camerons act for Blackburn Limited a company that employs Disc Jockeys (DJs) and supplies sound equipment for events. Proceedings have been issued. The company is the defendant in a claim by Zayn Saville. Zayn Saville’s claim is for personal injury, loss and damage sustained by him when speakers on the dance floor toppled on him at a 21st birthday party. Blackburn Limited’s defence to this action includes an allegation that the claimant had been dancing vigorously near to the speakers immediately before they collapsed on him, and that he had been warned during a previous dance track not to come so close to the DJ or speakers. He had returned onto the dance floor and continued his energetic jumping near the speakers.

Mr Saville sustained cuts and bruises, a broken knee and fractured wrist. He has been left with a scar on his wrist. He underwent an operation to repair the knee but was still in pain some 12 months after the incident. He used to play rugby but is no longer able to do so. He had bled on his silk shirt (cost £275.00), he was off work for 10 weeks (earnings £540.00 net per week) and claimed sickness benefit for six weeks and obtained £90 per week. In addition, he has spent £320 pounds on prescription charges, and £450 for taxi fares.

Question:
Prepare a report on this file detailing the matters you will need to have regard to but also ensure you deal with the following questions or matters:

(a) By what legal principles will the claimant have sought to claim for his loss and injury against your client company, Blackburn Limited? Would your answer in any way be affected by the fact that, on the occasion when the claimant was injured, the disc jockey employed had contravened company procedure by stacking the speakers as he had done?

(b) What is the basis of the defence and what impact might it have on the claimant’s claim?

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Posted on May 7, 2016Author TutorCategories Question, Questions