Consolidate MCQ 3 Flashcards
A construction company intends to sue one of its sub-contractors, an electrician, for breach of contract. The claim form has been issued, but it has not yet been served. Before service of the claim form, the construction company decides to add a new defendant, a plumber, to the claim as an additional party. Which of the following best describes the position of the construction company?
A. The construction company should seek the written consent of the electrician to add the additional party.
B. The construction company should apply to the court for permission to add the additional party.
C. The construction company will not require the court’s permission to add the additional party.
D. The construction company will require the written consent of both the electrician and the plumber to add the additional party.
E. The construction company should seek the written consent of the plumber to be added as an additional party.
C. The construction company will not require the court’s permission to add the additional party.
The claim form has been issued but not served. In this case, the court’s permission is not necessary to add the plumber as an additional party (nor is permission needed from either the electrician or the plumber) (CPR 19.4(1)).
In a case involving four defendants, one of the defendants amends its defence to allege that the claimant was contributorily negligent. The court grants permission for this amendment. Which party will usually pay the costs of and arising from the amendment?
A. The defendant applying for the amendment
B. The unsuccessful party at the end of the trial in accordance with the general rule on costs (CPR 44.2).
C. The claimant
D. All the parties to the action
E. All the defendants
A. The defendant applying for the amendment
This reflects the rule that a party applying for an amendment will usually be responsible for the costs of and arising from the amendment (PD17 and PD19). So, in this case it is likely that the defendant making the amendment would be responsible for the costs. Note that the rule is not obligatory, and the court can depart from it. Given this rule, it is unlikely that the costs would fall to be determined at the end of the trial as most other costs would (CPR 44.2).
Your client has received a request for further information by letter in respect of a defence it filed to a claim against it for misrepresentation. The defence as currently drafted fails to fully detail the oral representations made by your client before the contract was entered into. Your client agrees to provide the information requested. Which of the following most accurately describes the form your client’s response to the request for further information should take?
A. The client’s response should be in writing, signed, dated and be verified by a statement of truth.
B. The client’s response should take the form of an amended defence.
C. The client’s response should be in writing, signed and dated but need not be verified by a statement of truth.
D. The client should provide the information in whichever form is most proportionate including verbally, for example, in a telephone call.
E. The client’s response should be in the form of a letter in reply which will be signed and dated as normal.
A. The client’s response should be in writing, signed, dated and be verified by a statement of truth.
Whatever form the request has taken, the response must be in writing, dated and signed by either the party or their legal representative and also verified by a statement of truth. It could be by letter or by way of a formal reply. (PD 18)
During her employment as a delivery driver, your client, Sue, was involved in a road traffic accident with another car. Your client has sued the driver of the other car, Amir, for personal injuries. Amir, in turn, has issued a counterclaim against your client claiming damages for personal injuries that Amir also sustained in the road traffic accident. Amir wishes to use the same arguments in the counterclaim against your client’s employer. The employer is vicariously liable for your client’s actions. Can Amir add your client’s employer as a party to the proceedings?
A. Yes, as a counterclaim against the claimant (CPR 20.4)
B. Yes, as the defendant’s additional claim for contribution or indemnity from another party (CPR 20.6)
C. No, as there is no Part 20 claim that provides for this situation.
D. Yes, as a counterclaim against a person other than the claimant (CPR 20.5)
E. Yes, as an ‘other’ additional claim (CPR 20.7)
D. Yes, as a counterclaim against a person other than the claimant (CPR 20.5)
Your client, Sue, is the claimant and Amir is the defendant. Amir is seeking to include a counterclaim against a person ‘other than the claimant’ (i.e. other than Sue, namely, the employer) where Sue and the employer are jointly involved in the situation. (CPR 20.5)
The claimant claims £32,000. The defendant pleads £8,000 ‘set off’ in its defence and counterclaim against the claimant. If the claimant is successful at trial and the defendant is also successful at trial in its counterclaim, what is the effect of the judgment?
A. Claimant pays the defendant £8,000
B. Defendant pays the claimant £24,000
C. Defendant pays the claimant £8,000
D. Defendant pays the claimant £32,000
E. Defendant pays the claimant nothing
B. Defendant pays the claimant £24,000
The set off applies and extinguishes £8,000 of the claimant’s judgment against the defendant. The defendant therefore pays the claimant the net sum of £24,000.
