The University of business, practice and the professions

Module Code: LU2016

Module Name: Introduction to Mediation Main Assessment 2024-25

Credit Value: 15

Summative Assessment Type: Coursework (submitted on Moodle). Maximum Word Limit: 2,000.

Submissions MUST NOT exceed the maximum word limit. Neither footnotes nor a bibliography are required for this assessment.

Instructions: Please provide a Position Statement for the Defendant in the fictional case of Wodzynski v Khaliq and Bridford Deliveries Ltd in the following papers. The location of the accident and the photographs are real.

Submissions MUST conform to the CLS LLB/GELLB House Style (on Moodle) and be submitted on Moodle BEFORE the submission box closes at 13:00hrs (UK Time) on Friday 10 th January 2025.

Please be sure that any authorities relied upon, any verbatim quotation or close paraphrasing of sources (including textbooks, the Highway Code and other sources) are properly identified and attributed (using the citation style set out in the Mediation Module Assessment Criteria document on Moodle). The work you submit must be entirely your own. You are permitted to make use of samples provided in the Module. For further information on plagiarism, see the Undergraduate Students Handbook.

Internal Examiner: Professor Stuart Sime External Examiner: Dr Nicola Smith

ANSWER ONE QUESTION ONLY

IN AN INTENDED CLAIM

BETWEEN

MIROSLAV WODZYNSKI Proposed Claimant

• ABDULKHALIQ

• BRIDFORDDELIVERIES LTD Proposed Defendants

INSTRUCTIONS TO COUNSEL FOR THE PROPOSED DEFENDANTS

1. Counselis instructed on behalf of the Proposed Defendants, Mr Abdul Khaliq, who was driving a Peugeot van registration number RX68 WKP which was owned by his employer, Bridford Deliveries Ltd. Mr Khaliq was involved in a road traffic accident on the North Circular Road in north London on 16 October Insurers for the Proposed Defendants accept that Bridford Deliveries Ltd is vicariously liable for any negligence on the part of Mr Khaliq. Those instructing have been retained on behalf of the insurers for both Mr Khaliq and his employer.
2. Mr Khaliq was driving west onthe North Circular Road at about 6pm, in the direction of the junction with the A1(M). It had been raining, although the rain had stopped before the collision. Traffic was heavy and slow moving in both directions. As explained by Mr Khaliq in his draft statement below, a white mini-van was immediately in front of him. It indicated to move into the middle lane, but instead braked unexpectedly, and as a result Mr Khaliqs van collided with the rear of the mini-van.
3. The police attended the scene of the accident. Extracts from the police accident report areincluded in these Also included are a set of photographs taken shortly after the collision by a member of the public who stopped on the opposite side of the road.

4. At the scene one of the police officers cautioned Mr Khaliq for a possible offence of driving without duecare and To date no actual prosecution has been brought against Mr Khaliq for his driving on this occasion, and it is looking increasingly unlikely that the police will take any action.

5. There has been pre-action correspondence with Mr Wodzynski's solicitors under the relevant Pre-Action Protocol. In his letter of claim MrWodzynski alleges Mr Khaliq was driving too fast, not keeping a proper look, driving too close and failed to brake in time or at all. It also says the force of the collision pushed Mr Wodzynskis mini-van into the car in front.
6. Mr Khaliq has toldthose instructing that he feels he was driving at a safe speed for the conditions. Further details are set out in his draft statement that follows.

7. MrWodzynski sustained a fractured arm and other injuries in the His solicitors have suggested that damages for pain, suffering and loss of amenity should be 70,000. They have also claimed for loss of earnings for 7 years and 10 months at 32,000 per annum, making 250,000. These figures seem absurdly high to those instructing. There are also some claims for more modest amounts, which seem reasonable. Insurers for the Defendants have confirmed that 3,000 is a reasonable figure for the loss in value of the Hyundai mini-van as a result of the accident damage.

8. We have seen Mr Wodzynskis Compensation Recovery Unit certificate.It shows he will have received 6,438.37 in recoverable State benefits through to January 2025.
9. MrKhaliq was not Repairs to Bridford Deliveries Ltds van were relatively minor, and the insurance company has confirmed it does not want to make a claim to recover the costs of the repairs.

10. Court proceedings in the civil claim by Mr Wodzynski have not yet been started. Pursuant to the Protocol the parties agreed to the appointment of a jointly instructed medical Extracts from the consultant's report are enclosed. In light of that report those instructing decided that an employment consultant should be asked to advise on the employment possibilities available to Mr Wodzynski, and a report from Ms Gerrard dealing with this aspect of the case is also enclosed.
11. Incompliance with the principles of the Pre-action Protocol it has been agreed between solicitors for the parties to attempt to settle the claim through mediation. Miss Irene Ogutu has been appointed as the mediator. A request has been made by the mediator for both sides to provide written Position Statements, with the mediation scheduled for 27 January 2025.

12. Itseems to those instructing that it will be difficult for Mr Khaliq to escape primary However, the circumstances would indicate there is contributory negligence on the part of Mr Wodzynski. Counsel is requested to draft the Position Statement for the Defendants.

PC Abdul Suman

Attended RTA on the A406 North Circular Road, Telford Road, London N11 at 18:20 pm on 18 October 2022. Sunset was at 18:04. There were dark clouds reducing the natural light available.

Two white vans were stationary on the inside lane of the west-bound carriageway. In front was a Hyundai mini-van registration number GH64 DXA. Embedded in the rear of the mini-van was a large Peugeot van registration number RX68 WKP. The driver of the Peugeot van had got out of his vehicle and was on the pathway. The driver of the mini-van was still in his drivers seat and was being attended to by paramedics from the ambulance service.

Abdul Khaliq identified himself as the driver of the Peugeot van. He confirmed he was not injured. Before the ambulance left, I ascertained that the driver of the mini-van was Miroslav Wodzynski. Mr Wodzynski was conveyed by the ambulance to the North Middlesex Hospital.

Also at the scene was Semra Aksu, who said she had been driving east on the A406 when the accident happened. I checked that Mrs Aksu was parked safely before asking her what she had seen.

Notes from those at the scene are set out below.

This section of the A406 has two lanes in each direction, with no central reservation. It is almost straight. There are traffic light controlled junctions at each end of this section of the road, about half a mile to the east where the North Circular Road is known as Bowes Road, before turning left into a section of the A406 known as Telford Road, and the other set of traffic lights about 300 metres to the west (straight ahead) at the junction with Bounds Green Road.

While other sections of the A406 have speed limits of 40 mph or 50 mph, this section of the road has street lights and no specific speed limit signs. It is therefore subject to the usual 30 mph speed limit.

Mrs Semra Aksu

I was driving home from Brent Cross shopping centre driving east towards Edmonton in north London. It was getting dark, and cars on the road mostly had their headlights on, although the street lights had not yet come on. It had been a wet, miserable day, but it had stopped raining. As usual at that time of day traffic on the North Circular was stop start, and generally slow moving.

After crossing the Bounds Green Road traffic lights, I saw a large white van crash into the back of a small van in the opposite carriageway. I think the little van was stationary and

indicating right. It did not have its headlights on. The large van was driving at 10 to 15 mph, and did not seem to brake at all. It just went into the back of the little van.

I use the North Circular Road regularly and know the road well. There is a side road on the west-bound side of the road, with a large Keep Clear area painted on the road surface of the west-bound carriageway not far from the traffic lights at the Bounds Green Road junction. This is to allow cars to enter and leave the side road. The crash happened just before that Keep Clear area. When the traffic lights change vehicles driving west usually are able to cross the lights from some way back partly because of the room provided by the Keep Clear area freeing up space to get across.

The North Circular Road also broadens out from two lanes to three lanes, with the outside lane splitting into two lanes, as you reach the traffic lights. It is therefore usually traffic in the inside lane which has problems getting across the lights, whereas traffic in the outside lane usually has no problem getting across the junction when the lights change. The crash happened just where the road splits into three lanes.

There is a small side road on my side of the North Circular Road. I pulled in there and went back on foot to see if I could help. As I walked back I phoned 999 and told the operator about the crash and that they would probably need the police and an ambulance.

The road is very busy, so I stayed on my side of the road to wait for a safe time to cross. Before I could do so the police arrived, and so did an ambulance. I decided to take some photographs on my mobile phone, which are attached below. A police officer crossed the road to my side, and I told him what I saw.

• North Circular Road, looking west towards traffic light controlled junction with Bounds Green Road. The crashed vehicles are just out of the view to the left.

• North Circular Road, looking The crashed vehicles are on the opposite side of the road.

• North Circular The crashed vehicles are the large white van and white mini-van on the inside lane on the far side of the road. Traffic lights at the Bounds Green Road junction are on the extreme right hand edge of the photograph.

• View of crashed vehicles about 15 minutes after the Police officer in attendance. Lane marking on westbound carriageway show the road changing from two-lanes to three- lanes driving west. Front wheels of the mini-van are pointing towards the right.

• Crashed vehicles about 15 minutes after the Police officers are in attendance and have turned on the hazard warning lights of the large white van. Minor damage is just about visible to the front of the white mini-van.

Mr Abdul Khaliq

I was driving back to the depot on the North Circular Road, going west. Traffic was congested and slow moving. My speed was about 10 mph. It was twilight, so I had my headlights on. I could see there were two vehicles in front of me, a mini-van and a grey saloon car, then a gap further ahead of several car lengths, then more traffic up to the traffic lights.

The lights turned green, and traffic generally was moving forward. I noticed the white mini- van immediately in front of me was indicating right to move into the middle lane. There was space for it to do this. Instead, it just stayed stationary, as did the grey car in front of the mini-van. There was no reason for them not to be moving forward, which took me by surprise. I realised I was going to hit the mini-van, and tried to brake, but it was too late. By braking I stopped the crash being worse than it was.

When I got out, I saw my van was embedded into the rear of the mini-van. I also noticed the front wheels of the mini-van were pointing to the right, because it was in the process of changing lanes. The mini-van did not have its headlights on. The grey car just drove off. I have no idea about its registration number.

Statement of Miroslav Wodzynski

I was born on 4 August 1965, and am an electrician. I was expecting to retire when I reach

65. Ileft school at 16 with no formal education qualifications.

On 16 October 2022 I was driving my Hyundai mini-van registration number GH64 DXA towards home in the west bound carriageway of the North Circular Road. I was stationary in heavy traffic in the section of the road leading to the Bounds Green Road traffic lights. I was looking in my drivers side wing mirror, and saw a large white van come up behind me without slowing down. Everything seemed to go into slow motion, and I knew it was going to hit me. Instinctively I pushed on the brake pedal. There was an enormous bang at the rear of my mini-van, and I was heavily jolted forward, colliding with the grey car in front of me. I dont know why, but the grey car then just drove off.

I was aware there was an excruciating pain in my right arm. I decided to stay where I was until an ambulance arrived. Someone came up to the passenger side and seemed to be saying something to me, but I could not hear because of the traffic and all the windows being closed. An ambulance arrived. It took quite a long time to get me out of the drivers seat. I was then taken to hospital.

My medical treatment is set out in the medical report of Mrs Coleen Jones.

My arm injury makes it impossible for me to work as an electrician. Before the accident I was employed by Hammersmith Electrical Installations Ltd. My salary in the year before the accident was 32,000. Income tax was 3,884.20 and National Insurance 1,553.68. My take home pay was 26,562.12.

I was paid at half salary for 3 months after the accident. During that period my monthly salary was 1,333.33, and my take home pay was 1,253.51 (income tax 57.02 and National Insurance 22.81 per month). I was then laid off, and I have not worked since.

I have had lots of medical appointment, with my general practitioner, the hospital and with physiotherapy. Travel expenses for these total 328.

As I need a lot of prescriptions I have an annual Prescription Pre-payment Certificate. This has cost 111.60 per year, but from May 2024 it is 114.50 per year.

I sold my van in its damaged condition for 6,000. If it had not been damaged it would have been worth 9,000.

Medical Report (Extracts) Dated 5 September 2024

Mrs Coleen Jones

MB BCh, FRCPS, FRCS(Orth)

Mr Miroslav Wodzynski DoB: 04.08.1965

Accident ...

Examination ...

Treatment

On admission to hospital Mr Wodzynski was transferred to the surgical unit where he underwent an open reduction of his right arm under general anaesthetic. His upper limb fracture was pinned and plated. He was kept in hospital for 6 days.

He has had two courses of physiotherapy to assist him in mobilising his arm. Assessment

Mr Wodzynski sustained multiple personal injuries in the road traffic accident on 16 October

2022. Hesustaineda fracture to the humerus of his upper right arm, a whiplash injury to his neck, and light concussion producing a degree of retrograde amnesia. The latter explains why he cannot remember part of the history after the accident, including the journey to hospital by ambulance.

The whiplash injury resolved after 16 months, and the concussion was of short duration, perhaps a few days.

His major injury is to his right arm. Even after intense physiotherapy Mr Wodzynski continues to experience significant problem with his arm. There is considerable loss of flexion and rotation in his right shoulder and arm. The protracted period when he was unable to use the arm has resulted in significant muscle deficit on the right as compared with the left arm. I have conducted various tests with him today and these show a 60% overall weakness in his right arm compared with his left.

While he would benefit from a further course of specialist physiotherapy, he will never return to his pre-accident strength level. As a result, he will never be able to return to his former employment as an electrician. He is fit to work in roles that do not require manual strength.

I was asked by the defendants solicitors about the effect on Mr Wodzynskis injuries of wearing a seat belt. In my experience, severe upper right arm injuries are extremely rare in motor vehicle collisions, especially on the drivers side of a vehicle, if a seat belt is worn. The seat belt on the drivers side goes over the right shoulder and across the chest, so it is the right side that is particularly restrained. Mr Wodzynskis arm injury was almost certainly as a result of pushing his arm out in front to stop him hitting the dashboard, steering wheel and windscreen, and would not have happened if he had been wearing his seat belt.

Employment Consultant report (extracts) Dated 14 November 2024

Ms Jennifer Gerrard

MSc, BSc, Chartered Member of the Chartered Institute of Personnel and Development (CMCIPD)

Background

Review of Employment Opportunities

Current Employment Market in North London

Conclusion

There are a number of suitable employment options available to Mr Wodzynski. In the current state of the employment market in north London, where he lives, and given his age and disability, I would estimate he should be able to find work within the next 4 months.

While it cannot be stated which employment field is the most appropriate for him, the roles I set out in the Review of Employment Opportunities above indicate he should be able to secure employment with a salary in the range of about 12,000 per annum. This is below the tax-free allowance for Income Tax, which is currently 12,579 p.a.. It is also below the threshold for paying National Insurance. He should therefore be able to earn 12,000 per annum net once he is able to find work.

END OF ASSESSMENT