7 October Flashcards
Peter Schilling, trading as ‘Schilling and Sons Plumbing’, was hired by a homeowner to install a washing machine. But Pete, as he is commonly called, forgot to shut off the water before attempting to install the appliance, causing water to pour out into the home. As a result, the homeowner is bringing a claim against Pete for £28,900, the cost of replacing their wood flooring.
How should Pete be named on the claim form?
Peter Schilling T/as Schilling and Sons Plumbing.(B) The claim form must include the full, unabbreviated name of the defendant, and if they are carrying on business in another name, that name as well. Thus, Peter Schilling T/as Schilling and Sons Plumbing. (The ‘T/as’ is acceptable to indicate the words ‘trading as’). (A) is incorrect because it includes only the business name. (C) is incorrect because it does not use the defendant’s full unabbreviated name. It does not matter that everyone knows him as Pete. (D) is missing the business name and is thus incorrect. (E) is incorrect because it does not give the defendant’s full name and because it is missing an indication of the business name.QUESTION ID: DIS308
A contractor breached a contract with one of its customers on 30 August, 2016. It is now early August 2022, and the customer has yet to initiate proceedings against the contractor despite the upcoming running of the limitation period. Realizing the short time frame, the customer’s solicitor completes the claim form and all other necessary papers and has it issued on 15 August.
What is the latest date by which the customer must serve the claim form upon the contractor?
By 15 December, that is, four months after issue.(B) A claimant must serve an issued claim form within four months of the date of issue, failing which the court will not permit the claimant to continue with the claim. It will be extremely difficult to persuade the court to allow the claim to continue if the claimant fails to serve in time. (A) and (C) are incorrect because they state the wrong time period. (C)’s 14-day period refers to the period that the claimant has available to serve Particulars of Claim following service of the claim form. (D) is incorrect because the claimant need only issue the claim form, not serve it, by the end of the limitation period. (E) is incorrect because it again refers to the period for serving the Particulars of Claim. Additionally, the trigger date is not 30 August, which represents the end of the limitation period.
A claimant brings a negligence action against a defendant for breach of contract. Attempts to settle the case prove to be unsuccessful, and the case has been set for trial. The case has several witnesses, all of whom have signed witness statements.
Which of the following best describes how witnesses will provide testimony at trial?
Signed witness statements will stand as the witnesses’ evidence-in-chief, but the opposing advocate can cross-examine the witness, after which the legal advocate calling the witness may re-examine the witness.(A) The witnesses’ written statements stand as their evidence-in-chief, but the courts permit advocates to cross-examine and re-exam witnesses orally to clarify matters arising from the witness statements. (B) is incorrect because, as indicated above, the advocates for each party may orally examine each witness and there is no need for permission. (C) is incorrect because, firstly, evidence need not be given in the witness box, as explained above, and in-court testimony does not take precedence over the witness’s written statement. (D) is incorrect because, as just indicated, generally, a witness’s written statement stands as their evidence-in-chief and there is no need for the witness to give their evidence orally, although they may be subject to cross-examination and re-examination. (E) is incorrect because, again, live testimony is not necessarily required, and the judge will not question the witnesses directly.
A drill press operator was injured when the drill malfunctioned. After attempts at settlement failed, the operator’s solicitor initiates a claim against the manufacturer of the drill press. To better understand how the malfunction might have occurred, the solicitor sends a letter of instruction to an expert witness requesting that the expert prepare a report showing how the malfunction occurred.
When the expert produces a report, what privilege, if any, could the solicitor claim to prevent the manufacturer from inspecting the report?
Litigation privilege.(D) Litigation privilege relates to communications with third parties (for example, experts and barristers) for purposes of trial preparation. In this case, the report was prepared to assist the operator’s solicitor for trial. However, note that if the drill press operator wishes to rely on the report at trial, it must be exchanged with the other party, and the privilege is lost. (A) incorrect because litigation privilege is not lost until the party (here, the operator) wishes to rely on the report at trial, as explained above. (B) is incorrect. Common interest privilege may apply when there are multiple defendants or claimants. The privilege allows such parties to send documents (for example, correspondence) amongst themselves without fear that those documents will become subject to inspection. The correspondence and report here were not exchanged between co-parties and so this privilege does not apply. (C) is incorrect. Legal advice privilege relates to communications with a client, so there is no litigation privilege regarding the report. (E) is incorrect. Without prejudice privilege arises from settlement negotiations. The communication and report here were not related to settlement. QUESTION I
Question
A customer brings a breach of contract action against a business for failure to deliver a product as ordered. The claim is for £11,000, so it is allocated to the fast track. The court sends the parties a Notice of Allocation on 1 August, and the court orders the parties to file Directions Questionnaires.
How long do the parties have to return the questionnaires?
ResponsesPress Enter or Space to submit the answer
Until 29 August.(C) Directions Questionnaires must be returned within 28 days of the date of service of the order, which here would be 29 August. The questionnaires help the court manage the case by requiring the parties to address certain issues, such as whether experts will be required, whether the parties complied with pre-action protocols, track allocation and details of applications and directions already made as to disclosure and inspection, the names of witnesses and issues they will address, the estimated length of the trial, and the details of anticipated costs. (A) and (B) are incorrect because it is not open for the parties to agree an extension. (A) is further incorrect because it states the wrong timescale, as do (D) and (E).
While operating a tour bus in London, a bus driver hits a patch of ice, loses control of the bus, and hits a parked car. The bus operator refuses to pay for the damage to the parked car, claiming that the car was improperly parked on the street. Consequently, the owner of the parked car issues proceedings for the cost of repairs to the car. The bus operator files a defence maintaining the denial of liability due to the fact that the car was improperly parked. The car owner now makes an application for summary judgment.
What must the car owner prove to be successful in the application for summary judgment?
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The car owner must prove that the bus operator has no real prospect of successfully defending the claim and that there is no other compelling reason why the claim should be disposed of at trial.(C) To succeed on the application, the car owner must prove that the bus operator cannot realistically defend this action and that there is no other compelling reason why the claim should be disposed of at trial. If the bus operator is able to establish that there is a viable argument, then the application must fail. (A) is incorrect because, whilst it is important to abide by the spirit of Practice Directions on Pre-Action Conduct and Protocols at all times, it is not a determining factor on an application for summary judgment. (B) is incorrect because proving that the bus operator acted unreasonably is not a requirement or consideration for this application. It is the prospects of success that are important. (D) is incorrect because the bus operator’s ability to pay the judgment is not a relevant consideration in determining whether judgment should be granted. (E) is incorrect because proving that the costs claimed are reasonable is a separate issue to the summary judgment argument. If the court finds that the bus operator has no realistic defence to the claim, the bus operator is still entitled to argue that the amount claimed is excessive.
A salesperson worked for an office supplies firm and was paid on commission. After a string of very successful months, and per the salesperson’s contract with the firm, the salesperson was due £25,000 in commissions. However, the office supplies firm did not pay the commission, believing it was too much for the work that the salesperson actually performed. Of course, the salesperson initiates legal action to recover the unpaid commissions, and now is the time for cost budgeting.
When and who must file a costs budget?
Both parties must file a costs budget with the Directions Questionnaire.Both parties must file a costs budget with the Directions Questionnaire.
A company has initiated a breach of contract case against one of its suppliers. The case was allocated to the proper track. After settlement efforts failed, the company took all necessary pre-trial steps to bring the case to trial. It is now 20 August, and trial has been set for 20 October. The claimant’s solicitor is trying to determine when trial bundles must be filed.
What is the latest date on which the trial bundles can be filed?
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17 October, which is 3 days before trial.(A) The claimant must prepare the trial bundles (there is no specific number of bundles; one must be prepared for each party and one for witnesses), and the bundles must be filed between three and seven days before the trial is to take place. Thus, the bundles cannot be filed less than three days before trial. It follows that the other answer choices are incorrect.QUESTION ID: DIS307
A customer slipped and fell at a sole trader’s business’s office, causing the customer to suffer from a concussion. The customer required many medical tests to ensure that they did not suffer any long-term impairments. The customer eventually, and properly, started proceedings against the sole trader, and the sole trader’s insurers nominate its solicitors to accept service of the proceedings.
Which of the following best states the legal position regarding service of the claim in this case?
The customer must serve the proceedings upon the nominated solicitors.(A) Because the insurers have nominated solicitors to accept service, the claimant’s solicitors must serve the proceedings upon the nominated solicitors. But note that the answer would be different if the defendant is a company. If the defendant is a company, delivery or posting to the company’s registered agent will suffice. (B) is incorrect because the insurers are not the defendants in the case. Furthermore, express consent is required for service by fax to be effective. (C) is incorrect in the context of this case. Postal service ordinarily would be fine so long as there is a reasonable prospect of the proceedings coming to the attention of the defendants. However, when the defendant has nominated solicitors to accept service, the proceedings generally must be served on the nominated solicitors. (D) is incorrect. Service by email requires the express consent of the party being served. (E) is incorrect in the context of this case, as service on the nominated solicitor is required
A pedestrian fell whilst on a zebra crossing. The pedestrian claims they fell because a car lightly bumped them. The driver of the car doesn’t believe the car touched the pedestrian at all but instead that the pedestrian tripped and fell on their own. Although the pedestrian was not injured in the fall, their laptop, which was in the pedestrian’s backpack, was damaged beyond repair. The pedestrian believes they should be able to recover £1,000 from the driver for the laptop.
The pedestrian’s solicitor attempted to settle the dispute with the driver, but those efforts failed, as the driver and their solicitor doubt the veracity of the claim. However, the driver and their solicitor agree that the laptop was worth £1,000.
Because settlement attempts failed, and believing that the pedestrian is due some compensation, the pedestrian’s solicitor initiates the claim as a small claim. The claim specifically alleges that (1) the driver owed a duty of care to the pedestrian on the zebra crossing; (2) the driver breached this duty by striking the pedestrian and was thus negligent; (3) as a result, the pedestrian was knocked to the ground resulting in damage to the laptop; and (4) the pedestrian’s loss was £1,000, exclusive of interest and costs, representing the cost of the laptop.
Which of following best describes how the solicitor for the driver should respond?
The solicitor should admit that the driver owed a duty to the pedestrian and that the laptop was worth £1,000, but deny that the duty was breached or that the driver caused the accident.(D) The driver’s solicitor should admit that the driver owed a duty to the pedestrian (who was on a zebra crossing) and that the laptop was worth £1,000, but deny that the driver breached the duty (because the driver believes that the pedestrian merely tripped and fell, and deny that the driver caused the accident (that is, that the driver breached the duty to the pedestrian). A defendant may defend a claim by asserting a procedural defence (such as lack of jurisdiction or expiration of the limitation period), negating one of the elements of the cause of action, or disputing the damages. In any case, the defence must be truthful. In other words, the defendant must admit allegations that are true, but may deny allegations they believe are false, and say that they neither admit nor deny (that is, issue a non-admission regarding) allegations that are not within their personal knowledge. Here, a driver assuredly owes a duty of care to a pedestrian on a zebra crossing, and the driver agrees that the laptop was worth £1,000. Therefore, those two allegations should be admitted. However, as the driver does not believe they actually caused the accident, so breach of duty and proximate causation may be denied. (A) is incorrect because it is never appropriate to issue a blanket denial. Each allegation must be admitted or denied individually. (B) is incorrect because, as just explained, allegations that are not disputed cannot properly be denied. Similarly, (C) is incorrect because damages in this case should be admitted, as they are not disputed. That is, a defendant can use a non-admission (that is, neither admit nor deny) only when the allegation goes to a matter not within the defendant’s knowledge, and here the laptop’s value is not disputed. (E) is likewise incorrect, because the driver has enough knowledge to either admit or deny each allegation.
Question
A pedestrian is injured when they were stuck by a lorry on a zebra crossing. The solicitors for the pedestrian write to the lorry driver’s insurers, stating their intent to bring a claim against the lorry driver. They then send a letter of claim to the lorry driver, with a copy to their insurers, stating that they will commence formal legal proceedings unless they receive a formal admission of liability within 21 days.
The lorry driver’s insurers respond one day before the period expired, stating that the claim is being investigated, and that they will respond as soon as possible with confirmation of whether liability can be admitted. The pedestrian is annoyed that the insurance company won’t admit liability on such an obvious claim, and so instructs their solicitors to issue proceedings.
How will the pedestrian’s conduct affect the case?
The pedestrian has breached the personal injury protocol and is likely to be penalised in costs or interest.(B) The pedestrian is in breach of the personal injury protocol because the protocol provides that if a defendant responds to a letter of claim, the claimant must then give the defendant three months to investigate the claim. Because the claimant did not comply, the judge may deprive the pedestrian of interest on their damages. The judge also may order the pedestrian to pay part of the driver’s wasted costs, as the claim may have settled earlier without the significant cost of court proceedings. (A) is incorrect because the rules do not provide for denial of relying on a medical report as a penalty for noncompliance with the protocol. (C) is incorrect because the rules do not permit the court to reduce the damages to reflect noncompliance with protocol. (D) is incorrect because the court is very likely to find the conduct of the pedestrian unreasonable. (E) is incorrect because failure to accord with protocol does not automatically give the other party a right to judgment or to strike out the claim.
Question
Wanting to get a better look at the Tower of London, a passenger on a cruise on the Thames accidentally falls off the boat due to the railing being loose. The passenger was severely injured and desires to make a claim against the cruise company. The passenger sends a formal letter of claim to the cruise company, complying with the personal injury protocol.
How long does the defendant have to respond to the letter of claim?
It must respond within 21 days, indicating whether it intends to admit or deny the claim.It must respond within 21 days, indicating whether it intends to admit or deny the claim. - not selected, this is the correct answer(E) The proposed defendant must respond to the letter of claim within 21 days, indicating whether liability is admitted or denied. A formal response without admission then gives the defendant 3 months to investigate the claim. (A) is incorrect because the 3-month period to investigate applies only once a response has been provided, indicating whether liability is admitted. (B) is incorrect because these time limits refer to service of a claim form, where the defendant had 14 days within which to acknowledge service and a further 14 days to file defence. (C) is incorrect. There is no requirement within the protocol for an acknowledgment within 7 days. (D) is incorrect because the defendant has 21 days to respond, not to be confused with the 14 days to acknowledge service of a claim form.
Right after a shop opened for the day, a customer slipped and fell while shopping, impaling themselves on a display of saws. The customer was rushed to the hospital and died from their injuries the next day, with their spouse by their bedside. One month later, the customer’s spouse obtains a grant of letters of probate. The spouse would like to bring a claim against the shop as executor of the estate, claiming dependency on behalf of themselves and their children.
When must the spouse, as executor, deliver the claim form to the court for issuance of the claim against the shop?
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Three years from the date of death.(D) A personal representative can start proceedings on account of the decedent’s death within three years from the date of death or three years from the date the personal representative obtained knowledge of the death, whichever is later. Here, since the spouse was at the customer’s bedside, those dates are the same. (A) is incorrect because it is using both the wrong time period (six years) and the wrong start date (the date of the accident). The six-year limitation period for non-personal injury (‘PI’) claims does not apply to fatal accident claims. (B) is incorrect because the six-year period for non-PI claims does not apply to fatal accident claims. (C) is incorrect because three years from the date of the accident would be used for a PI claim, and this is a fatal accident claim, which is measured from the date of death. (E) is incorrect because the date of knowledge or the date of death is the measuring point rather than when the letters of probate were obtained. QUESTION ID: DIS300
A client brings a claim against their former solicitor, a sole practitioner, for professional negligence, eventually obtaining a judgment in the County Court for £25,000. The solicitor does not pay and goes into hiding. The client informs his current solicitor that he knows the address where the solicitor is hiding, and the client believes that their professional negligence claim is not unique. That is, the former solicitor may have had judgments entered against them by multiple clients.
How should the client and their new solicitor enforce the judgment against the former solicitor?
The client should make an application for oral examination(E) If a judgment debtor does not pay on a judgment, the judgment creditor may apply for an order requiring the judgment debtor to attend court for oral examination to provide information about the debtor’s means and assets. This information will allow the client to assess what is the most viable method of enforcing judgment. (A) is incorrect, as attachment of earnings is appropriate only for employed, not self-employed, people. A way to remember this is that the order is directed to the defendant’s employer. (B) is incorrect, as it is not possible to apply for a charging order without first knowing whether the solicitor is the registered proprietor or simply a tenant at the address the homeowner found. (C) is possible, but is not advisable, without knowing more about what items the solicitor may have at the address and their likely value. (D) is incorrect as more specific information is required about the nature and amount of the debts and the debtors to be able to obtain a third-party debt order (for example, the identity and addresses of the third parties.
A doctor misdiagnosed a patient, which caused the patient considerable unnecessary pain for a condition that could have been readily treated had they been correctly diagnosed. Thus, the patient has initiated a professional negligence claim against the doctor. The patient serves the doctor with a hearsay notice, which states that one of the patient’s witnesses cannot be located and will not attend the trial, and thus the witness’s statement will be used in lieu of live testimony. The doctor’s solicitors do not believe the witness was being truthful when they made the statement, and they easily discover the witness’s home address.
How should the doctor’s solicitors proceed in regard to the hearsay notice?
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Make an application within 14 days of service of the notice to call the witness to court for the trial, together with a notice to attack credibility.B) The appropriate course of action is to make an application to call the witness to court for the trial, accompanied with a notice to attack credibility. A party can do this only if they know where the witness lives, but here they appear to know the location of the witness. (A) is incorrect because this is not the correct process. An application on this basis is likely to fail. The court will expect the defendant to proceed as per answer (B). (C) is incorrect because the defence will be able to attack the credibility of the witness only if they serve a notice to attack credibility. (D) is incorrect because a witness statement of this nature will have little effect. They need to be able to cross-examine the witness in the witness box. (E) is incorrect because, whilst there is no property in a witness, it is unlikely that the witness will acquiesce to the request for a statement and is unlikely to be co-operative in the process.QUESTION ID: DIS328
QUESTION ID: DIS328
A defendant in a breach of contract claim failed to respond to the claimant’s letter of claim, so the claimant issues proceedings. The defendant gives the Particulars of Claim to their solicitor, who is now considering how to respond. As the defendant failed to respond to the letter of claim, the case has not been investigated.
The solicitor is aware that there are many documents to review and witnesses to interview. The solicitors cannot do the review, much less the interviews, within the standard timescale for filing a defence.
In addition to acknowledging service, what are the best steps for the defendant’s solicitor to take?
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The solicitor should ask the claimant for an additional 28 days (56 days in total from service of the Particulars) to file a defence.(E) A defendant must respond to a claim within 14 days of the deemed date of service of the Particulars of Claim. One possible response is an acknowledgment of service with an indication they will file a defence, which ordinarily must then be filed within 14 days of the acknowledgment (a maximum of 28 days from the deemed date of service of the Particulars). However, the defendant may ask the claimant to agree an extension of up to another 28 days (a total of 56 days from the deemed date of service of the Particulars). If the claimant refuses the extension, or it becomes clear that even more time is needed, the defendant can apply to the court for additional time. Under our facts, the solicitor believes they cannot complete their investigation within the 28-day period. Therefore, the best next step for the solicitor is to ask the claimant for an extension. (A) is incorrect because blanket denial defences generally are inappropriate. The defendant must admit or deny the claims in the Particulars paragraph by paragraph, and it appears the solicitor would not be able to do so properly without more time for investigation. (B) is incorrect because the defendant should first ask the claimant for an extension and should make an application only if the claimant does not agree or if it appears the agreed time will not be sufficient. (C) would not be a good approach because the solicitor will not be able to complete the investigation within 14 days and so will be unable to file a full and detailed defence. (D) is possible, but as the solicitor may ask for an additional 28 days rather than just 14, that would be more prudent.
The owner of an antique car was in a road accident with a lorry. The car owner was unhurt, but their car was a total loss. The car owner insisted the car was worth £120,000. The lorry driver’s insurer insisted the car was worth no more than £35,000. As a result, the owner, the lorry driver, and the lorry driver’s insurance company could not agree settlement terms. The car owner, therefore, decides to issue proceedings against the lorry driver.
What is the latest date by which the car owner must deliver the claim form to the court to issue proceedings against the lorry driver?
ResponsesPress Enter or Space to submit the answer
Six years from the date of the accident.(C) The basic limitation period for a negligence (tort) claim without personal injury claims is six years from the date of accrual, which is the date of the accident. (A) is incorrect. One year is the limitation period for defamation claims. (B) is incorrect. Three years is the limitation period for personal injury (‘PI’) claims. (D) is incorrect. The accrual date is the date when the accident occurred, not when the car was declared a total loss. Furthermore, the period for non-PI claims is six years, not three. (E) is incorrect. Although the period for non-PI claims is six years, the period begins to run on the date of the accident, as explained above. QU
A pedestrian was lightly bumped by a driver while the pedestrian attempted to cross the street on a zebra crossing. Despite the fact that the accident was apparently minor, the pedestrian issued proceedings against the driver. The defendant does not believe the pedestrian was actually injured in the incident.
After being served with the Particulars of Claim, the driver immediately acknowledges the claim and makes an application to strike out the claim. One month thereafter, whilst the driver was waiting for a court date for the application, the pedestrian applies for and obtains a judgment in default of defence. The driver raises objection with the court and asks for the judgment to be set aside.
Is the court likely to set aside the default judgment?
Yes, because the court has not yet considered the driver’s application to strike out the claim.(D) The court must set aside the judgment because it has not yet considered the driver’s application to strike out the claim. A defendant must respond to a claim within 14 days after deemed service of the Particulars of Claim. The response can be either an admission, the service of a defence, or an acknowledgment of service with an indication that a defence will be filed. The defence must then be filed within 14 days unless the defendant then applies for summary judgment or to strike the claim. In that case, a defence need not be filed until the application is resolved. If a default judgment is granted before the application to strike or for summary judgment is heard, the court must set aside the default judgment. (A) is incorrect. It states a general requirement for setting aside a default judgment (the defendant must show it has a real prospect of successfully defending), but the court error in granting a default judgment before resolving an application to strike the claim supplants this requirement. (B) is incorrect. Summary judgment is used when the defendant asserts the claimant has no real prospect of proving its claim, whilst an application to strike is more appropriate when the claimant has failed to set out a case to answer, which is what the defendant asserts here. (C) is incorrect because as indicated above, the defence does not have to be filed (if at all) until after the application to strike is heard. (E) is not a good choice because it is based on facts we do not know, and the defence does not have to be filed until the application to strike is heard, as explained above. QUESTION ID:
A patient was injured when a surgeon negligently performed a surgery. It is not clear to what extent the patient will recover. As a result, the court has allowed each party to instruct their own medical expert, and the solicitor for the patient has done so. The medical expert instructed by the solicitor examines the patient’s medical records, provides their opinion, and produces a report.
Which of the following best reflects the legal position regarding disclosure of the medical expert’s report?
The expert’s report must be disclosed to the surgeon if the patient intends to rely on it, and it will lose its privilege(C) The expert’s report must be disclosed to the surgeon if the patient intends to rely on it, and it will lose its privilege. When a court authorizes the parties to hire their own experts, the expert’s report does not have to be disclosed unless the party intends to rely on it. Such reports are privileged and are not subject to inspection by the party’s opponent. However, if the party does intend to rely on the report, it must be disclosed and it loses its privilege and is subject to inspection. It follows that the other answer choices are incorrect. QUESTION ID: DIS330
While celebrating their 15th birthday, a fan is injured when, while watching a football game, they fell from the upper level of a stadium. The fan fractured a number of bones as a result. The fan’s parents would like to delay bringing a claim for personal injury as long as possible to see how the fan recovers.
What is the latest date by which the claim must be delivered to the court for the issue of the claim form?
Three years from the fan’s 18th birthday.(D) The limitation expires three years after the fan’s 18th birthday. If the injured party is a minor, time does not start to run on a claim until the minor’s 18th birthday. As the claim here involves personal injury, the relevant limitation period is three years from this point. (A) is incorrect because the date of the accident is not the starting point for a claim when the claimant is a minor. (B), (C), and (E) are incorrect because they state the wrong time period and/or the wrong starting date. Q
A restaurant had a long-term contract with a seafood supplier. Due to rising fuel costs, the supplier has been forced to pay more than it anticipated to obtain and transport the seafood. As a result, the supplier informed the restaurant’s owner that it would refuse to continue to supply seafood to the restaurant unless the owner agreed to a 10% increase in the price of each item being supplied. The owner refused and started buying seafood from a different company. The supplier then sued the owner for breach of contract.
The case was heard in High Court, and the supplier lost its claim.
The supplier would now like to appeal the decision as being wrong in law. However, the supplier’s solicitor did not ask the High Court Judge to grant permission to appeal, and the 21-day period for applying for permission to appeal to the Court of Appeal has now expired. There was no request for an extension of time.
Has the supplier lost its ability to appeal the decision?
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No, the supplier may retrospectively apply for permission to the Court of Appeal, but the court will treat it as an application for relief from sanctions.C) It is true that the supplier is out of time. However, parties can retrospectively apply to the Court of Appeal for permission to appeal, but the court would treat it as an application for relief from sanctions, and thus the court would consider the seriousness and significance of the failure to comply, look at why the default occurred, and evaluate the circumstances of the case so that it can deal with the application in a just manner. (A) is incorrect because there may still be recourse to the Court of Appeal. (B) is incorrect as the company may apply to the Court of Appeal for permission to appeal. (D) and (E) are incorrect because these remedies are not available to the supplier.QUESTION ID: DIS334
QUESTION ID: DIS334
