MCQ Mock

Question 1

1 Some months ago, Harry entered into a contract with Sally. Harry now believes that Sally has
breached the contract. Instead of commencing proceedings straight away, however, Harry and
Sally have agreed to mediate their dispute, with a view to reaching a settlement. Harry and Sally
have chosen Arthur as the mediator.
The mediation is unsuccessful, and proceedings are commenced in London.
Which ONE of the following statements is CORRECT?
Select one alternative:
The concessions which Harry made during the mediation and aimed at settlement are not
protected by without prejudice privilege.
Any communications created for the purposes of trying to persuade Sally to mediate are
protected by without prejudice privilege.
Where Harry and Sally waive without prejudice privilege, Arthur cannot rely on without
prejudice privilege to prevent disclosure of communications arising out of the mediation
process.
Sally’s invoices, made pursuant to the terms of the contract and to which reference was
made at the mediation, are protected by without prejudice privilege.

Question 2

Emily Baker issued a professional negligence claim against CDS Accountants Limited based in
London.
The claim is highly technical in nature (relating to complicated tax structures in various
jurisdictions linked to the sale of assets), and the court has recently ordered a stay to enable the
parties to consider ADR.
Both parties seek a quick and cost-effective solution, and both parties consider that there are huge
differences between their respective positions. Accordingly, it is considered by your client (and
you) that a negotiated outcome is not a realistic outcome, and that therefore a decision is really
needed from a third party.
However, CDS are particularly concerned that the parties proceed on a private & confidential
basis. Emily would rather matters were confidential but will have no option but to continue with
litigation if the matter cannot be resolved by ADR.
Emily seeks your advice as to the most appropriate form of ADR.
Which ONE of the following is the BEST ADVICE as to the most appropriate form of ADR
for Emily in this situation?
Select one alternative:
Litigation
Expert determination
Mediation
Early Neutral Evaluation

Question 3

Elsa and Esme are considering entering into a contract for services. Elsa’s friend told her that she
can include a clause within the contract to ensure that a dispute arising out of that contract is
settled by means other than litigation. Elsa is keen to do this as her entire business is reliant on
good reviews and publicity, and she cannot risk being involved in Court proceedings. Elsa seeks
your advice in relation to the proposed draft contract as she wants to include a clause as above.
What is the best advice for Elsa?
Select one alternative:
The parties should include a clause stating that they will “arbitrate any dispute arising out of
this contract”.
The parties should include a clause stating that they will “sit down and talk about any
disputes, in a genuine attempt to try to settle”.
The parties should include a clause stating that they will “agree to enter into negotiations to
try to resolve any disputes arising”.
The parties should include a clause stating that they will “in the event of a dispute arising,
agree to attend a mediation with a mediator appointed by CEDR”.

Question 4

4
Your client John Smith has a breach of contract claim against Glasgow Builders Limited (GBL).
John considers GBL acted in breach of contract when installing poor quality wooden floors,
window frames and doors into his new 6 bedroomed house on the outskirts of Newcastle. The
new house was built 6 months ago.
The claim is worth £40,000 (based upon the view of an independent expert) and is a complicated
case. There are some less than clear cut evidential issues relating to a range of matters including
the type of paint used, the suitability of the wooden frames, and the sealant within the glass
frames. A claim has not yet been issued.
GBL are a successful and long-standing business in Newcastle and are in a strong financial
position. Their long-term solvency is not an issue.
John is a wealthy individual and has undertaken appropriate remedial action to stop any
deterioration of the situation pending the resolution of the dispute. His home remains fully
habitable, and the situation is therefore not urgent.
You consider there are strong prospects of success. You can assume that there is no relevant pre
action protocol which applies to this scenario.
Which is the best course of action for John Smith to take from the options below:
Select one alternative:
Issue the claim immediately. GBL owe the money, and he should not have to wait.
John should write to GBL with concise details of the claim and issue the claim within 5 days
thereafter if an acceptable settlement sum is not reached within this time frame.
John should write to GBL with concise details of the claim. John should then issue the claim
within 14 days of the date of writing to GBL if an acceptable settlement has not been
reached in that time.
John should write to GBL with concise details of the claim. John should then issue the claim
within 3 months of the date of writing to GBL, if an acceptable settlement has not been
reached in that time.

Question 5

5 Sheila is in dispute with her neighbour Charlie in respect of alleged nuisance related to his new
hobby of playing the drums late at night. Sheila would like to obtain a prohibitory injunction to
prevent Charlie playing between 10pm and 7am. Sheila is a pensioner of limited income. She
owns the freehold of her property and lives mortgage free. She has no intention of moving. Her
relationship with Charlie is still a good one.
Which of the following would be the most appropriate form of dispute resolution for Sheila
to pursue first?
Select one alternative
Negotiation
Expert Determination
Litigation
Mediation

Question 6

You act for Pickup Bus Company Limited (‘Pickup’). Pickup is being sued by Janelle James, who
was born on 20th December 2002. The claim arises out of a road accident which caused Janelle
to suffer personal injury. In brief, the bus ran into Janelle when she was 10 years of age, breaking
both her legs and causing major head injuries. She was in a coma for over 2 months. On coming
out of the coma, it was clear that she had suffered serious brain damage. She has been under
specialist care ever since. The claim was issued in the first week of September 2020.
Which ONE of the following statements is the CORRECT position under the Limitation Act
1980 in this situation?
Select one alternative:
Her claim is time barred because the accident was more than three years ago.
Her claim is time barred because the ‘date of knowledge’ for the purposes of the Limitation
Act 1980 was more than 3 years ago.
Her claim is time barred because the accident was more than three years ago; however,
she could apply for, and would probably get, a discretionary extension under Section 33
Limitation Act 1980.
Her claim is not time barred because time had not yet begun to run.

Question 7

7 Kieron Stanford has instructed you regarding a simple breach of contract claim against Sheffield
Builders Limited. The claim does not have wider public importance and will be straightforward for
the judge at trial.
In your opinion, Kieron’s claim for damages is worth approximately £150,000. Instructing solicitors
estimate that his legal costs through to trial will be £25,000 if the claim does not settle.
You can assume there are no enactments requiring the claim to be brought in the High Court or in
the County Court.
What is the BEST advice to give Kieron on the question of where he may commence
proceedings?
Select one alternative:
Kieron must issue the claim in the High Court as the overall amount of his claim and costs
are above £150,000.
Kieron may issue the claim in the County Court or High Court but probably should choose
the County Court.
Kieron must issue the claim in the County Court as his claim is below £200,000.
Kieron must issue the claim in the High Court as his claim is above £100,000.

Question 8

Sofia has instructed you regarding a straightforward personal injury claim. Sofia was walking along
a quiet road in London when she slipped and fell on a paving stone. The claim has no wider public
importance.
In your opinion, Sofia’s overall claim is worth approximately £26,000. Her solicitors tell you that her
legal costs through to trial will be £5,000 if the claim does not settle.
You can assume there are no enactments requiring the claim to be brought in the High Court or in
the County Court.
What is the BEST advice to give Sofia on where to start proceedings?
Select one alternative:
Sofia must issue the claim in the High Court as her claim and costs are above £25,000.
Sofia must issue the claim in the County Court as her claim is below £50,000.
Sofia can issue the claim in the County Court or High Court as it is a personal injury claim.
Sofia may issue the claim in the High Court as her claim is below £50,000 if that is her
preference.

Question 9

9 You are advising Paul, who is about to issue proceedings against Richard seeking an order for
sale of a house under the Trusts of Land and Appointment of Trustees Act 1996. Since the
proceedings are unlikely to involve a substantial dispute of fact, you advise Paul that the Part 8
procedure is appropriate.
In support of his claim, Paul wants to rely on certain evidence, including a witness statement
setting out how he came to buy the house with Richard.
What advice should you give Paul about filing and serving evidence under Part 8?
Select one alternative
If Paul wants to rely on evidence, he should use Part 7 rather than Part 8.
Paul must file his evidence when he files his claim form, and he must serve his evidence on
Richard with the claim form.
Paul needs the permission of the Court in order to file and serve evidence under Part 8.
Having filed his claim form, Paul has 14 days to file his evidence and to serve the claim
form and evidence on Richard.

Question 10

0 Sarah is owed £12,000 by Craig, who has failed to settle an unpaid invoice for goods which
Sarah delivered to Craig in accordance with the contract between them. The court has issued
Sarah’s claim and now Sarah wishes to serve Craig with the relevant claim form. Sarah has an
old address for Craig but knows that he has recently moved both his house and his job. Craig’s
friends refuse to speak with Sarah and she has not received any correspondence from any
solicitors purporting to act for Craig.
What would be the BEST ADVICE to give Sarah in relation to the next step she should
take to serve the claim form?
Select one alternative:
Sarah must consider in the first instance whether there is an alternative place where, or an
alternative method by which, service may be effected.
Sarah must take reasonable steps to ascertain Craig’s current address.
Sarah can immediately proceed to serve the claim form at Craig’s old address.
Sarah must search for Craig as in these circumstances, she must serve the claim form
personally.

Question 11

1 Instructing solicitors act for Tariq, who has a potential negligence claim against Build-It Limited, a
construction company. A Part 7 claim has been issued and instructing solicitors are preparing to
serve the claim form on Build-It Limited’s solicitors. In pre-action correspondence Build-It
Limited’s solicitors have confirmed that they are instructed to accept service of the claim form,
but there have been no other communications between the parties in relation to service. The
written correspondence from Build-It Limited’s solicitors contains a fax number and an email
address in the footer. Instructing solicitors are now considering the method of service.
What would be the BEST ADVICE to give the instructing solicitors in these
circumstances?
Select one alternative
Before serving the claim form by fax, the instructing solicitors must first ask Build-It
Limited’s solicitors whether there are any limitations to their agreement to accept service
by fax (for example, the format in which the claim form is to be sent and the maximum size
of attachments that may be received).
Service by fax at the number in the solicitors’ correspondence would constitute valid
service.
Service by email at the email address in the solicitors’ correspondence would constitute
valid service.
Service by fax at the number in the solicitors’ correspondence or by email at the email
address in the solicitors’ correspondence would both constitute valid service.

Question 12

Instructing solicitors act for Robert Green, who is suing Camilla Wilkins in relation to an extension
which Robert alleges Camilla constructed negligently. Instructing solicitors have served the Claim
Form on Camilla. The claim was issued on 3 March. The Claim Form was sent to Camilla by email at
3.20pm on Tuesday 8 April. The instructing solicitors have no concerns about the validity of the
service of the Claim Form and you can assume that the Claim Form was validly served.
From what date should time run to calculate the deadline for service of the Particulars of
Claim?
Select one alternative
8 April
3 March
3 July
10 April

Question 13

Rayan Navarro (‘RN’) obtained default judgment against his employer, Lepore Plc (‘Lepore’), for
breach of an employment contract. Subsequently, Lepore applied to the court to set it aside and
both parties attended the hearing, but the judge refused to set aside the default judgment and
dismissed the application. Lepore is dissatisfied with this and would like advice as to how to
proceed.
Which ONE of the following statements is the BEST ADVICE to give to Lepore about the
approach to take following the judge’s refusal to set the default judgment aside?
Select one alternative:
The order by the court here to refuse to set the judgment aside is a final decision and, as
such, the only way forward is for Lepore to appeal the judge’s order.
The order by the court here to refuse to set the judgment aside is a decision which could
be subject to a second application to set aside default judgment.
The order by the court here to refuse to set the judgment aside is a decision which could
be subject to a further challenge under the court’s general power to vary or revoke orders.
The order by the court here to refuse to set the judgment aside is a decision which could,
on application or of its own initiative, be re-listed.

Question 14

Sally has a made a claim for negligence against Brick-It Limited (‘BIL’), a construction company.
Sally’s Claim Form and Particulars of Claim were deemed served on Wednesday 3 August 2022.
BIL filed and served an acknowledgement of service on Monday 8 August 2022. Instructing
solicitors filed a request for judgment in default on Monday 5 September 2022 which was granted
on Thursday 8 September 2022. Today’s date is Friday 16 September 2022. BIL have applied
today to have the default judgment set aside and have served a copy of their defence with the
application.
What would be the BEST ADVICE to give Sally about whether the judgment in default is
likely to be set aside?
Select one alternative:
The judgment in default is unlikely to be set aside by the court as BIL failed to act promptly
in making the application to set aside.
The judgment in default must be set aside by the court because it was wrongly entered as
BIL had filed an acknowledgment of service.
The judgment in default must be set aside by the court because it was wrongly entered as
the time limit for serving a defence had not yet expired.
The court may set aside the judgment in default if it appears from the defence that BIL has
a real prospect of successfully defending the claim.

Question 15

Anita is claiming against Brian and has properly obtained a default judgment against him. Brian
wishes to have this set aside on the basis that he has a real prospect of successfully defending
the claim and has made the appropriate application. Before the hearing he asks you what the
hearing will be like. He has attended a trial to give evidence before and wonders how similar it will
be.
Which of the following BEST describes how like a trial the hearing of the application to set
aside default judgment will be?
Select one alternative:
The Court must not conduct a full trial: it must probe the merits of the case within the scope
of the application.
The Court must conduct a mini trial: it must determine the reliability of the evidence and the
merits of the case.
The Court must not conduct a mini trial: it will consider the merits of the case only to the
extent necessary to determine whether it has sufficient merit to proceed to trial.
The Court will conduct a summary trial: it must test the available evidence for viability and
credibility.

Question 16

Eleanor has a breach of contract claim against James. The claim relates to non-payment of an
invoice and Eleanor is of the view that James has no chance of successfully defending the claim.
The claim has just been issued and Eleanor served the Claim Form personally on James
yesterday. She is keen for the matter to be disposed of as quickly as possible.
What is the BEST ADVICE to give Eleanor about the next step(s), she should take to
obtain judgment without having to go to trial?
Select one alternative:
Eleanor should make an application for strike out at the same time as any application for
summary judgment.
Eleanor should make an application for summary judgment after James has filed an
acknowledgement of service, if he does so.
Eleanor should make an application for summary judgment straight away.
Eleanor should make an application for summary judgment after James has filed his
defence.

Question 17

7 Your client, the claimant, has been successful in his contract claim. The defendant made an
application for permission to appeal. This application was dismissed by the appeal court. The
appeal court also found the application to be totally without merit.
In these circumstances what would be the correct advice as to how the court’s finding
would be reflected in the order it makes? :-
Select one alternative:
The court must make a civil restraint order against the defendant.
The court must make a costs order against the defendant.
The court must make a costs order on the indemnity basis against the defendant.
The court’s order must record the fact that the court considers the defendant’s appeal to be
totally without merit.

Question 18

8 Carly is being sued by Sam in relation to a personal injury claim. Carly is of the view that Sam’s
claim is merely fanciful and has no real prospects of success. Carly has been advised that she
should make an application for summary judgment against Sam, but Carly is confused about
how to make this application.
What would be the BEST ADVICE to give Carly about the correct procedure for making an
application for summary judgment, when these should be served on Sam and when Sam
would have to respond?
Select one alternative:
Carly should issue an application notice and file it at court together with a, draft order and
affidavit. These documents should be served on Sam at least 14 clear days before the
summary judgment hearing. If Sam wishes to rely on written evidence, he must file and
serve this on Carly at least 7 clear days before the summary judgment hearing.
Carly should issue an application notice and file it at court together with a draft order and
witness statement. These documents should be served on Sam at least 7 clear days
before the summary judgment hearing. If Sam wishes to rely on written evidence, he must
file and serve this on Carly at least 3 clear days before the summary judgment hearing.
Carly should issue an application notice and file it at court together with a draft order and
witness statement. These documents should be served on Sam at least 3 clear days
before the summary judgment hearing. If Sam wishes to rely on written evidence, he must
file and serve this on Carly as soon as possible before the summary judgment hearing.
Carly should issue an application notice and file it at court together with a draft order and
witness statement. These documents should be served on Sam at least 14 clear days
before the summary judgment hearing. If Sam wishes to rely on written evidence, he must
file and serve this on Carly at least 7 clear days before the summary judgment hearing.

Question 19

On 28 January 2020 Roger and your client, Tim, were driving their respective cars when they
were involved in an accident. Roger claims that he was travelling along the A38 in the offside
lane, he wanted to move into the nearside lane. Roger indicated and believed Tim who was
travelling in the nearside lane flashed him to let him into the lane. As Roger moved he collided
into Tim’s vehicle. Roger started County Court proceedings against Tim as the only defendant in
negligence for the personal injuries Roger sustained. The claim form and particulars of claim
were served together on 28 January 2021.
Tim alleges that Roger is to blame for the accident and also wants to recover the costs of the
repairs to his vehicle. Tim also tells you that a third car which was driven by Chris was involved
in this collision as Chris caused a second impact to both Roger and Tim as he was driving too
fast and was unable to stop in time. The second impact exacerbated the injuries to Roger and the
damage to Tim’s vehicle. Tim filed an acknowledgment of service on 5 February 2021.
What would be the best advice to give Tim as to how to further respond to the claim in the
light of his version of events?
Select one alternative:
Tim should file a defence and a counterclaim by 25 February 2021 and thereafter issue a
separate claim against Chris.
Tim should file a defence and a counterclaim against Roger and Chris before the time for
filing a defence expires. At the same time he should seek permission for Chris to be added
as a additional party to the counterclaim.
Tim should file a defence and a counterclaim against Roger before the time for filing a
defence expires. At the same time he should issue an additional claim against Chris for a
contribution towards any liability in respect of Roger’s claim and damages for the repairs to
his vehicle.
Tim should file a defence and counterclaim against Roger by 25 February 2021 and wait to
see if Roger seeks permission to join Chris as a defendant to the proceedings.

Question 20

0 Max entered into a contract with Kanga Ltd for the provision of gardening services. Under the
terms of the contract, Kanga was to dig up and replant part of Max’s commercial garden, called
“100 Acre Spuds”. Kanga hired a digger from Saturn Arise Machinery Ltd. Unfortunately, during
the digging up of the garden, things went wrong: the digger malfunctioned and large areas of
Max’s neighbouring land, that was not supposed to be dug up, was badly damaged. Max has
brought proceedings against both Kanga and Saturn for breach of contract/negligence and loss
consequent thereon. Seven days ago, Max served the claim form (containing the particulars of
claim) on both Kanga and Saturn. Kanga, which has not yet filed an acknowledgement of service
or a defence, believes that Saturn is responsible (in whole or in part is still to be determined) for
the loss which Max suffered.
What is the BEST ADVICE to give to Kanga here?
Select one alternative:
Kanga should acknowledge service of the claim form. It should then bring an additional
claim for a contribution or indemnity against Saturn by filing a notice containing a statement
of the nature and grounds of the additional claim and serving that notice on Saturn at the
same time as Kanga files its defence.
Kanga should file a defence and then, having waited 14 days, file particulars of
counterclaim against Max and Saturn.
Kanga should immediately make an additional claim for contribution or indemnity against
Saturn by filing a notice containing a statement of the nature and grounds of the additional
claim and serving that notice on Saturn.
Kanga should immediately file its defence to Max’s claim and, at the same time as it files
that defence, should bring an additional claim for a contribution or indemnity against Saturn
by asking the court to issue an additional claim form.

Question 21

1 Vincent is suing Harry in negligence for non-personal injury losses he sustained by reason of
Harry’s activities. The cause of action accrued in late December 2014 and Vincent commenced
proceedings against Harry in November 2020 and served them on Harry the same month. Today
is 19 April 2021 and Vincent realises that he should also have included Bart in the proceedings.
He now wants to add Bart to the proceedings.
Which ONE of the following is the BEST ADVICE for Vincent?
Select one alternative:
There is nothing that Vincent can do as it is too late for Bart to be added to the proceedings.
Vincent can add Bart without the court’s permission as long as he does so within 4 months
of the issue of the claim form.
Vincent must make an application to court and can add Bart as a party but only if the court
considers it is necessary to add Bart as a party.
Vincent must make an application to court and can add Bart as a party but only if the court
considers it desirable to do so in order to resolve all the matters in dispute in the
proceedings.

Question 22

Your client is Mia Barton.
Mia is a claimant in a breach of contract claim. Mia is worried about recovering her costs after
trial from a defendant company facing imminent liquidation. Accordingly, Mia asks you to apply
for security for costs under the provisions of CPR Part 25.
Which ONE of the following is the best advice to give Mia in these circumstances under
the provisions under CPR Part 25?
Select one alternative:
Mia has a choice, and your advice is that she should apply for security for costs in these
circumstances.
Mia has a choice, and your advice is that she should not apply for security for costs in
these circumstances.
Mia cannot apply for security for costs in these circumstances.
Mia may not apply for security for costs in these circumstances.

Question 23

You represent Michelle who is retired and has for the last five years lived next door to land which
until fairly recently was only occupied by a number of derelict farm buildings. Two months ago,
Sureshot Limited leased the land from the farmer and opened a firing range. Ever since they
opened, Michelle has been disturbed by the sound of gun fire and shouting mainly on weekends.
Michelle ideally would like this to stop in the long term however, she is particularly anxious about
a weekend in eight weeks’ time when her daughter’s wedding is to take place as she has
organised a marquee in her garden for the reception. Michelle says the noise is particularly bad
on a weekend and she does not want the sound of gunfire to spoil her daughter’s day. You have
advised her that she ought to apply for an interim injunction, and ultimately, a final injunction.
What is the best advice to give her in relation to procedure?
Select one alternative:
Issue a claim and make an application for an interim injunction as soon as possible. The
application notice, draft order and evidence should then be served as soon as practicable
and in any event at least 3 days before the hearing.
Issue a claim form and then wait and see if things improve as a result before issuing an
application notice. If not then Michelle should be advised to issue and serve an application
notice, draft order and evidence as soon as practicable and in any event at least three
days before the hearing.
Issue a claim and make an application for an interim injunction as soon as possible. An
early hearing should be requested and the Court asked to abridge time for service and give
informal notice only. The application notice and evidence should not be served, but informal
notice of the hearing must be given.
Make an application for an interim injunction as soon as possible. The application notice,
draft order and evidence should then be served as soon as practicable and in any event at
least 3 days before the hearing. There is no need to issue a claim yet and it is better to wait
and see what the outcome of the interim injunction is.

Question 24

Which ONE of the following statements correctly reflects the Pre-Action Protocol for
Personal Injury Claims (the ‘Protocol’)?
Select one alternative
On cases likely to be allocated to the fast track, the Protocol encourages each side to
select their own liability and quantum experts.
Relevant documents should only be exchanged after a claim is issued.
Where a medical expert is to be instructed, the defendant’s solicitors will organise access
to the relevant medical records.
Relevant documents should be exchanged at an early stage and before a claim is issued.

Question 25

5 Fredericka received a letter before claim from Bianca threatening legal proceedings. Fredericka
does not feel that Bianca has a valid claim against her however is extremely keen to avoid the
costs of litigation; she has recently invested heavily into a new business venture and is not
expecting to see any returns for the next 12 months. She has now received a letter from Bianca’s
solicitors suggesting that the parties attempt mediation. Fredericka is concerned that if she
makes any offers or concessions at mediation these could be used against her if the dispute
does not settle. She is therefore reluctant to agree to mediation.
What would you advise Fredericka?
Select one alternative:
If she unreasonably refuses to mediate she could face costs sanctions later on if the
matter does go to Court; she should therefore consider mediation. Further mediation has a
relatively high success rate and so because of this fact alone there is no possibility of
concessions being used against her.
If she unreasonably refuses to mediate she could face costs sanctions later on if the
matter does go to Court; she should therefore consider mediation. Further, mediating will
ultimately save money in the long run because mediation is cheaper than litigation.
If she unreasonably refuses to mediate she could face costs sanctions later on if the
matter does go to Court; she should therefore consider mediation. Further, genuine offers
or concessions made in an attempt to settle the dispute will be protected by without
prejudice privilege and cannot therefore be brought to the Court’s attention if proceedings
were to be issued.
If she unreasonably refuses to mediate she could face costs sanctions later on if the
matter does go to Court; she should therefore consider mediation. Further as mediation is
confidential no-one can ever and in any circumstances discuss any of the offers or
concessions that were made.