You are a paralegal and your supervisor, Hilary Helmore has asked you to prepare a note for a meeting with a client called Kamran Gul and Associates Ltd (“KG Ltd”), a technology business, which is trying to recover a debt from a business debtor, Adnan Khan. Ms Helmore has not yet met the client, but their managing Director, Kamran Gul, has arranged to come to your firm’s offices shortly for advice on the claim. Ms Helmore is unable to meet Mr Gul and has asked you to attend the meeting and advise Mr Gul.
The background to the client’s claim is as follows. KG Ltd has designed and sells a software package (known as KG Debt Management 2017) which enables businesses to process debts more efficiently. KG Ltd delivered the software licence for KG Debt Management 2017 to Mr Khan on 1st February 2017. Prior to this, a quote for £16,000 dated 13th January 2017 was accepted by Mr Khan for purchase and installation of KG Debt Management 2017. There was no contract other than the quote dated 13th January, a copy of which was countersigned by Mr Khan. In December 2016, Mr Khan had attended KG Ltd’s offices and had seen the KG Debt Management 2017 system in operation at KG Ltd’s offices. Mr Khan paid £2,000 on 28th January 2017, as obliged to do under the quote which stipulated this was due before installation of the software.
The quote stated that the balance was due within 14 days of installation of the software. Mr Gul has attempted to speak personally to Mr Khan about the debt, but none of his calls has been returned. The software was installed by a technician, Paul Smith (trading as Saffron Walden Office Supplies Ltd), who has a separate contract with KG Ltd to install KG Debt Management 2017. Mr Gul has received complaints from other customers that Paul Smith has performed poorly on occasions and Mr Gul is considering employing a specialist technician to allow KG Ltd in future to install the KG Debt Management 2017 software itself rather than relying on Saffron Walden Office Supplies Ltd.
Mr Gul wants to recover the debt as soon as possible. In preparation for your meeting with Mr Gul, Ms Helmore has asked you to draft a note (of not more than 1,100 words) dealing with the following seven issues:
1. What steps would KG Ltd need to take prior to issuing proceedings?
2. What matters should be dealt with at the forthcoming meeting with Mr Gul?
3. Which Court should proceedings be issued in, were that step to become a necessity?
4. What is meant by “disclosure” and what documents would KG Ltd disclose in this action?
5. Draft a Particulars of Claim in this action.
6. What “track” might this claim be allocated to and why; and what “directions” might be given by the Court? Support your answer with reference to the Civil Procedure Rules.
7. Supposing KG Ltd were to succeed in their claim what options are available to the client for enforcement of the award.
‘Part 36 is the supreme achievement of the Civil Procedure Rules in assisting out of court resolution of civil disputes, and thus best illustrates the presiding philosophy of those rules, that restricting legal costs promotes better access to justice.’ Critically analyse this statement.