2022 Question 1 — LawShortcut Independent Model Answer

Scenario summary

Toe Doctor Ltd, run by Mr Purple, is a chiropody chain that has traded for ten years, turns over €5 million a year and carries lengthy waiting lists. Mr Brown sets up competing branches right beside it under the near-identical name Toe Doctur Ltd. Toe Doctor's turnover then halves, a drop put at roughly €100,000 in lost profit. Brown also helps himself to a €10,000 consignment of scalpels and bandages that had been left out for Purple, and puts the supplies to use.

Brown treats Mr Yellow using iodine produced by Green Ltd in Brazil. That batch had been sourced in July 2012, brought into the EU by Burgundy SA of Paris, and distributed within Ireland by Claret Ltd. The iodine is faulty and Yellow's left toe turns gangrenous.

His GP, Dr Amber, refers him to Hospital Red, but the referral note wrongly calls for removal of the right toe. The surgeon, Mr Opal, takes off the healthy right toe before realising that it is the left toe that is diseased. Yellow eventually loses both lower limbs to amputation and is given a blood transfusion. The blood, supplied by the National Blood Bank and imported from the UK, is contaminated with Hepatitis C.

Yellow earns a €40,000 salary together with €200 a week in tips that go undeclared. A €15,000 medical bill is met by insurance, and income-protection cover pays 75% of his salary.

Candidates are asked to advise all relevant parties on liability in tort and on quantum.

This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.