UK Bar — Civil Litigation, Evidence and ADR

Under CPR Part 1, what is the overriding objective of the Civil Procedure Rules?

• ATo ensure the claimant always recovers full damages
• BTo enable the court to deal with cases justly and at proportionate cost
• CTo resolve every dispute by mediation before trial
• DTo minimise the number of hearings regardless of fairness

Which of the following is expressly identified in CPR 1.1(2) as part of dealing with a case justly and at proportionate cost?

• AEnsuring the wealthier party bears all costs
• BEnsuring the parties are on an equal footing
• CGuaranteeing a trial within three months
• DPreventing any appeal against case management decisions

A claim form is issued but not yet served. Under CPR 7.5, within what period must the claimant generally complete the step required to serve a claim form within the jurisdiction?

• AWithin 14 days of issue
• BWithin 4 months of the date of issue
• CWithin 6 months of the date of issue
• DWithin 12 months of the date of issue

A solicitor serves a claim form by first class post on a Monday that is not a bank holiday. Under CPR 6.14, on what day is the claim form deemed served?

• AThe day of posting (Monday)
• BThe next business day after posting
• CThe second business day after posting
• DSeven days after posting

A defendant is served with particulars of claim and wishes to dispute the claim but needs more time. Under CPR Part 15, by when must the defendant file an acknowledgment of service to obtain the extended period for filing a defence?

• AWithin 7 days of service of the particulars of claim
• BWithin 14 days of service of the particulars of claim
• CWithin 28 days of service of the particulars of claim
• DWithin 3 months of service of the particulars of claim

A defendant wishes to bring a money claim against the claimant arising out of the same contract. What is the correct term for this type of claim under the CPR?

• AA reply
• BA counterclaim
• CAn interpleader
• DA request for further information

Which statement of case is the optional document a claimant may file to respond to matters raised in the defence?

• AA reply
• BA rejoinder
• CA surrejoinder
• DA counter-schedule

Under CPR Part 16, which of the following must be included in the particulars of claim?

• AA concise statement of the facts on which the claimant relies
• BThe defendant's likely defence
• CA copy of all witness statements
• DThe judge's preliminary view on liability

A statement of case must be verified by a statement of truth. What is the principal consequence of signing a statement of truth without an honest belief in the truth of its contents?

• AThe document is simply returned for re-signing
• BProceedings for contempt of court may be brought
• CThe party must pay an automatic fixed penalty of £500
• DThe statement of case is converted into a witness statement

A party wishes to amend its statement of case after it has been served and after a defence has been filed. Under CPR 17.1, what is generally required?

• ANo permission is ever needed once served
• BThe written consent of all other parties or the permission of the court
• COnly the permission of the trial judge at trial
• DPayment of a fixed amendment levy to the court

Under CPR Part 26, which track is the normal track for a claim with a value of more than £10,000 but not more than £25,000 where the trial is expected to last no longer than one day?

• AThe small claims track
• BThe fast track
• CThe intermediate track
• DThe multi-track

A money claim is valued at £60,000 and does not fall within any exclusion. Which track is normally appropriate following the introduction of the intermediate track?

• AThe small claims track
• BThe fast track
• CThe intermediate track
• DThe Commercial Court only

Following allocation, the court gives standard directions in a fast track case. Which of the following is a typical fast track direction?

• ACosts budgeting under Precedent H in every case
• BA timetable leading to trial within about 30 weeks of directions
• CUnlimited oral expert evidence at trial
• DAutomatic disclosure of all privileged documents

A party fails to comply with a case management direction and a sanction takes effect automatically. Under CPR 3.9, what must that party apply for to escape the consequences?

• AA strike out of its own claim
• BRelief from sanctions
• CA transfer to a different court
• DA wasted costs order against the court

When deciding an application for relief from sanctions, which case sets out the leading three-stage approach the court should apply?

• ADenton v TH White Ltd
• BThree Rivers DC v Bank of England
• CHadley v Baxendale
• DRylands v Fletcher

A claimant applies for summary judgment. Under CPR Part 24, what must the court generally be satisfied of to grant summary judgment against the defendant?

• AThat the defendant has no real prospect of successfully defending the claim and there is…
• BThat the defendant has admitted the claim in full
• CThat the claim is worth more than £100,000
• DThat the trial would last more than three days

A defendant has been served but fails to file either an acknowledgment of service or a defence within the relevant time. In a claim for a specified sum of money, what may the claimant generally obtain under CPR Part 12?

• AA freezing injunction
• BDefault judgment
• CAn anti-suit injunction
• DA stay of proceedings

Which case established the guidelines for when a court should grant an interim injunction, focusing on whether there is a serious question to be tried and the balance of convenience?

• AAmerican Cyanamid Co v Ethicon Ltd
• BAnns v Merton LBC
• CPepper v Hart
• DDonoghue v Stevenson

A claimant fears the defendant will dissipate assets before judgment. Which interim remedy is designed to restrain a party from dealing with or removing assets pending trial?

• AA search order
• BA freezing injunction
• CA Norwich Pharmacal order
• DAn interim payment

A defendant applies for security for costs against a claimant company. Under CPR 25.13, which of the following is a condition that must be satisfied before security may be ordered?

• AThe claimant must have lost a previous unrelated claim
• BIt must be just to make the order and one of the prescribed conditions, such as reason to…
• CThe claim must be allocated to the small claims track
• DThe defendant must have already paid all of its own costs

Under CPR Part 31, what is the standard scope of 'standard disclosure'?

• AEvery document a party has ever created
• BThe documents on which a party relies and documents that adversely affect its own or anot…
• COnly documents the opponent specifically requests by name
• DOnly documents that are privileged

A party lists in its disclosure a confidential letter from its solicitor giving legal advice about the merits of the claim. On what basis may the party withhold this document from inspection?

• ALegal advice privilege
• BPublic interest immunity for all correspondence
• CWithout prejudice privilege
• DThe document is simply irrelevant

Under CPR 31.7, a party giving standard disclosure must carry out which of the following?

• AAn unlimited search regardless of cost
• BA reasonable search for documents falling within CPR 31.6
• CA search only of documents created in the last 12 months
• DNo search at all once a list is filed

Under CPR Part 35, what is the overriding duty of an expert who gives evidence in civil proceedings?

• ATo advance the case of the party who instructs and pays the expert
• BTo help the court on matters within the expert's expertise, a duty which overrides any ob…
• CTo negotiate a settlement between the parties
• DTo decide the outcome of the case

The court considers directing that expert evidence on a particular issue be given by a single expert instructed by both parties. What is the term for such an expert?

• AA shadow expert
• BA single joint expert
• CAn assessor
• DAn expert witness of fact

A party wishes to put written questions to the other side's expert about the contents of the expert's report. Under CPR 35.6, when may such questions normally be put?

• AOnly with the permission of the Court of Appeal
• BOnce only, within 28 days of service of the report and for the purpose of clarification,…
• CAt any time without limit until trial
• DOnly after judgment has been given

A party wishes to rely at trial on a statement made by a person who will not be called to give oral evidence, to prove the truth of its contents. What is the correct description of this evidence?

• AReal evidence
• BHearsay evidence
• CPrivileged evidence
• DExpert evidence

Under CPR Part 32, what is the general rule about how a witness of fact gives evidence in chief at a trial on the multi-track?

• ABy reading a prepared speech to the jury
• BBy their signed witness statement standing as their evidence in chief, unless the court o…
• COnly by oral testimony given entirely from memory without any document
• DBy submitting an affidavit that cannot be challenged

Under CPR 44.2, what is the general rule about costs as between the parties?

• AEach party always bears its own costs
• BThe unsuccessful party will generally be ordered to pay the costs of the successful party…
• CThe court must always order costs to be assessed on the indemnity basis
• DCosts are fixed at 50% of the sum claimed

When the court assesses costs on the standard basis, how is any doubt about whether costs were reasonably incurred or reasonable in amount resolved?

• AIn favour of the receiving party
• BIn favour of the paying party, and the costs must also be proportionate
• CBy referring the question to the Court of Appeal
• DBy splitting the disputed costs equally

In a multi-track case subject to costs management, parties file and exchange budgets. What is the standard form used for a costs budget?

• APrecedent H
• BForm N1
• CForm N244
• DPrecedent T

A party files its costs budget late, in breach of the rule requiring it to be filed within the time specified. Under CPR 3.14, what is the usual consequence unless the court orders otherwise?

• AThe party's statement of case is struck out
• BThe party is treated as having filed a budget comprising only the applicable court fees
• CThe party must pay an automatic fine of £1,000
• DThe claim is automatically transferred to the small claims track

At the end of a fast track trial lasting less than a day, the court is asked to deal with the costs of the trial there and then. What is the usual form of assessment used?

• ADetailed assessment by a costs judge months later
• BSummary assessment by the trial judge
• CProvisional assessment on paper only
• DNo assessment is permitted at all

A claimant makes a Part 36 offer to settle a money claim. Under CPR Part 36, what is the minimum period that the offer must specify within which the defendant will be liable for the claimant's costs if the offer is accepted?

• A7 days
• BNot less than 21 days (the relevant period)
• C28 days
• D3 months

A claimant makes a Part 36 offer which the defendant rejects. At trial the claimant obtains a judgment at least as advantageous to the claimant as its own offer. Which of the following costs consequences may the court order against the defendant under CPR 36.17?

• ANo additional consequences of any kind
• BInterest on the sum awarded at an enhanced rate up to 10% above base rate, indemnity cost…
• COnly that the defendant pays a fixed £500 penalty
• DThat the claimant pays the defendant's costs throughout

A defendant makes a Part 36 offer which the claimant rejects. At trial the claimant recovers less than the defendant's offer. Under CPR 36.17(3), what is the usual costs consequence, unless the court considers it unjust?

• AThe defendant pays all the claimant's costs
• BThe claimant pays the defendant's costs from the end of the relevant period, plus interes…
• CEach party bears its own costs from the date of issue
• DThe claim is struck out

A defendant wishes to accept a claimant's Part 36 offer within the relevant period. What is the general costs position on acceptance under CPR 36.13?

• AThe claimant pays the defendant's costs
• BThe claimant is entitled to its costs of the proceedings up to the date on which notice o…
• CEach party bears its own costs automatically
• DCosts are reserved to the trial judge

An offer to settle is expressed to be 'without prejudice save as to costs' but does not comply with the formal requirements of CPR Part 36. By what name is such an offer commonly known?

• AA Tomlin offer
• BA Calderbank offer
• CA Part 20 offer
• DA Sanderson offer

Following a trial in a money claim, the court enters judgment for the claimant but the defendant does not pay. The claimant wishes to enforce against the defendant's bank account holding funds. Which method of enforcement is appropriate?

• AA third party debt order
• BA search order
• CAn interim payment
• DA freezing injunction

A judgment creditor wishes to obtain a charge over the judgment debtor's freehold property to secure the judgment debt. Which enforcement method is appropriate?

• AA charging order
• BA warrant of control
• CAn attachment of earnings order
• DA Norwich Pharmacal order

A party wishes to appeal a final decision of a circuit judge made in a multi-track claim. Under CPR Part 52, what is generally required before the appeal can proceed?

• ANo permission is ever required for civil appeals
• BPermission to appeal, which may be granted by the lower court or the appeal court
• CA fresh trial in every case
• DThe consent of the opposing party

Under CPR 52.21, what is the general nature of an appeal hearing in the appeal court?

• AA complete re-hearing of all the evidence in every case
• BA review of the decision of the lower court, unless a practice direction provides otherwi…
• CA mediation between the parties
• DA summary determination without any consideration of the grounds

Under the Limitation Act 1980, what is the basic limitation period for an action founded on simple contract?

• AThree years from the date of the contract
• BSix years from the date on which the cause of action accrued
• CTwelve years from the date of breach
• DFifteen years from the date of the contract

Under the Limitation Act 1980, what is the basic limitation period for a claim for damages for personal injuries founded on negligence?

• ASix years from accrual
• BThree years from the date the cause of action accrued or the claimant's date of knowledge…
• CTwelve years from the date of injury
• DOne year from the date of injury

Under CPR Part 1 and the active case management duties, the court is required to encourage parties to use which of the following where appropriate?

• AAn alternative dispute resolution procedure
• BAn immediate trial without disclosure
• CA jury for all civil claims
• DA criminal investigation

Which form of ADR involves a neutral third party who facilitates negotiations between the parties but does not impose a binding decision?

• AArbitration
• BMediation
• CLitigation
• DAdjudication under a statutory scheme

A successful party unreasonably refused an invitation to mediate during the proceedings. How can the court reflect this when exercising its costs discretion under CPR 44.2?

• AIt cannot take ADR conduct into account at all
• BIt may reflect the unreasonable refusal of ADR in the costs order, for example by deprivi…
• CIt must order the refusing party to pay double costs automatically
• DIt must adjourn the case indefinitely

A claimant issues proceedings on the last day before limitation expires but has not yet finalised the particulars of claim. Under the CPR, what is the position?

• AThe claim is automatically struck out
• BThe claim form may be issued to stop time running, with particulars of claim served later…
• CParticulars of claim must always be served with the claim form on the same day
• DLimitation is irrelevant once a letter before claim is sent