Civil - MCQs from mocks Flashcards
Costs shifting?
Occurs from the date of expiry of the relevant period in relation to the first Part 36 offer, and not the date on which the improved Part 36 offer was made. The improved offer is not treated as a withdrawal of the first Part 36 offer, but the making of a new offer on improved terms. See CPR r.36.9(5).
Fast track is the normal track for the claims valued at between £10,000 and £25,000 only if the court considers that the trial is likely to last for no longer than one day: CPR 26.6(5), CPR 26.6(6).
True or false?
True
18PD.5 paragraph 5.5(1) and (2) provides that where the second party has made no response to the Request, the first party need not, serve the application notice on the second party, and the court may deal with the application without a hearing. This only applies if at least 14 days have passed since the Request was served (as is the case here) and the time stating in it for a response has also expired.
True or false?
True
What is a Tomlin order?
A Tomlin Order is a form of consent order… in a Tomlin Order the court orders that further proceedings in the claim by stayed, except for the purpose of carrying out the terms of the compromise…the order will also provide for each party to have liberty to apply to the court if necessary to compel compliance with the scheduled terms.
What is Early Neutral Evaluation?
- The parties can agree between themselves to control the amount and form of information that is placed before the evaluator. While ENE can take place outside of the litigation process, it can also happen within it by way of judicial evaluation.
- ENE can also be used to settle disputes that arise during an assessment of costs after the main proceedings have been included (sic).
- ENE can be used to settle disputes during an assessment of costs, it follows that it is incorrect that it cannot be used after the start of the trial.
What is a witness summary?
A witness summary is a summary of: (a) the evidence, if known, which would otherwise be included in a witness statement; (b) if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.
Failing to serve a summary or statement means that the witness cannot be called to give oral evidence without permission CPR 32.10 thus issuing a witness summons is incorrect.
True or false?
True
What is Judical ENE?
Judicial ENE involves a judge within the court system, is more formal, and is part of the legal proceedings. It may be perceived as more authoritative because it comes from a sitting judge.
What is non-judicial ENE?
Non-Judicial ENE is conducted outside the court by a neutral evaluator who is not an active judge. It tends to be less formal and more flexible, as it is not part of the official court process.
H&O has failed to respond. Shabnaz wishes to make an application for specific disclosure which you estimate can be dealt with in a one-hour hearing. The Bristol District Registry has telephone conferencing facilities available.
What is the correct advice to give Shabnaz about the procedure for making an application for specific disclosure in these circumstances?
Unless the court orders otherwise, the matter will be dealt with by a telephone hearing and the application notice must be served as soon as practicable and at least 5 days before the date of the hearing.
Litigant in person is not required to file a costs budget with his directions questionnaire, unless court orders otherwise.
True or false?
True
Amending POC - can amend the particulars of claim if she obtains the written consent of party or permission from the court.
True or false?
True
How will the court assess costs on the standard basis?
The court will only allow costs which are proportionate to the matters in issue and will resolve any doubt as to whether costs were reasonably and proportionately incurred or reasonable and proportionate in amount in favour of the paying party. CPR r.44.3 (1) and (2).
How will the court assess costs on the indemnity basis?
The court will resolve any doubt which it may have as to whether costs were reasonably incurred or were reasonable in amount in favour of the receiving party.
Limitation period…
Where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is ‘brought’ for the purposes of the Limitation Act 1980…on that earlier date”. WB 2023 Vol 2 commentary at 8-3.2.
Section 11(4) of the Limitation Act 1980 states that the limitation period for a personal injury claim is typically “three years from – (a) the date on which the cause of action accrued; or (b) the date of knowledge (if later) of the person injured”.
However, section 11(4) is subject to section 11(5), which states that where the injured died within that initial three year period, then the limitation period is “three years from – (a) the date of death; or (b) the date of the personal representative’s knowledge; whichever is the later”.
Scott’s date of knowledge is 29 August 2021 but Jim’s death is later. Therefore the limitation period in this case runs from the date of Jim’s death (30 December 2021) and will therefore expire on 30 December 2024.
