MCQ's

Question 1

CPR rules must be followed. The provisions in practice directions…

(a) …explain the CPR rules.
(b) …are guidance which show best practice but need not necessarily be followed.
(c) …must also be followed.

Answer 1

C - Correct. Whilst it is true that the provisions in a practice direction might help you to interpret the CPR, the rules in the PDs must be followed in their own right.

Question 2

The overriding objective includes dealing with cases at proportionate cost, which means…

(a) …in ways proportionate to the importance of the case to the parties.
(b) …in ways proportionate to the amount of money in dispute.
(c) …in ways proportionate to the court’s resources.
(d) …in ways proportionate to the amount of money in dispute, the complexity of the case and other factors.

Answer 2

D - Well done. This is what CPR 1.1 says. All the factors mentioned in the other answers are potentially relevant when considering proportionality in the overriding objective, but to focus on any one of those points would be to miss the multi-factorial approach which the court must take.

Question 3

The court’s approach to case management is one best characterised as….

(a) …responsive to requests from the parties for court intervention and guidance, helping them to move the case along appropriately.
(b) …active on the court’s part, meaning the court will ensure that cases progress appropriately even if the parties do not seek such involvement from the court.
(c) …active on the court’s part, meaning the court will act to seek out evidence in order to make a fair determination of the issues in dispute.

Answer 3

B - Well done. This is what active case management means. See also CPR 1.4. The court is responsive to requests from the parties, but it is not only responsive – it takes action of its own accord, and this is really what ‘active’ case management means. Judges in the courts of England and Wales do not generally seek out evidence, rather than determine cases on the basis of the evidence put before them – so this answer would be wrong, and in any event, this is not really what case management is about.

Question 4

A claimant is told that the civil standard of proof is on a balance of probabilities. How would you expand this description so that the claimant understands what ‘on a balance of probabilities’ means?

(a) That the claimant’s case is more probably true than not true.
(b) That the claimant’s case is more probably true than the defendant’s case
(c) That the court can be ‘sure’ that the claimant’s case is correct.
(d) That the defendant’s case is unlikely to be true.

Answer 4

A

Question 5

In which one of the following circumstances will the Court of Appeal be bound by a previous Court of Appeal judgment on the same issue?

Which of the following answers is incorrect?

(a) Where the Court of Appeal considers an earlier Court of Appeal decision to have been given per incuriam.
(b) Where the Court of Appeal is faced with two earlier conflicting Court of Appeal decisions
(c) Where the Court of Appeal decision conflicts with a Supreme Court Decision
(d) Where the Court of Appeal considers it would be in the interests of justice to depart from an earlier Court of Appeal decision.
(e) Where the Court of Appeal does not agree with an earlier Court of Appeal decision

Answer 5

E - Correct. This answer is incorrect. Young v Bristol Aeroplane sets out the three circumstances where a Court of Appeal can depart from a previous Court of Appeal judgement on the same issue.

Question 6

Which one of the following would be a binding precedent in the Magistrates Court?

(a) A decision of the Court of Appeal
(b) An obiter dicta in a decision of the Supreme Court
(c) A dissenting judgment in the High Court
(d) decision of the County Court.
(e) A decision of the Crown Court

Answer 6

A

Question 7

Which of the following IS NOT a consequence indicated in the practice direction on pre-action conduct as a possible result of failing to comply with the PD on pre-action conduct or applicable pre-action protocol?

(a) The claim could be stayed.
(b) The claim could be struck out.
(c) The party failing to comply could be penalised in costs.
(d) The party failing to comply could be penalised in interest.

Answer 7

B - Well done. Whilst this is theoretically possible (CPR 3.4(2)) it is not specifically mentioned in the practice direction on pre-action conduct, perhaps because alternatives such as a stay are more proportionate sanctions.

Question 8

Which of the following is most likely to justify issuing proceedings without full compliance with the rules on pre-action conduct?

(a) The defendant refusing to contemplate settlement of the claim.
(b) The imminent expiry of a limitation period.
(c) The value of the claim being so small that compliance would be disproportionate.

Answer 8

B - Correct. A party cannot be expected to comply with the rules on pre-action conduct if that would lead to proceedings being issued too late from a limitation perspective. In these circumstances, a party should issue proceedings but then apply to court for a stay of the proceedings while they comply with the pre-action rules (PD on pre-action conduct, para 17). In terms of the other answers, compliance is expected in a claim of small value – you could argue that taking steps to resolve a claim without court proceedings is particularly important if the value of the claim is small. The defendant refusing to contemplate settlement of the claim is not a good reason not to comply with the pre-action rules.

Question 9

The Practice Direction – Pre-action Conduct and Protocols requires the claimant (in the usual course of events) to write to the defendant with concise details of the claim and for the defendant to respond __________

(a) within 28 days.
(b) within 14 days.
(c) as soon as possible.
(d) within a reasonable time.

Answer 9

D - The defendant is required to respond within a reasonable time, which could be 14 days in a straightforward case and no more than 3 months in a very complex one (paragraph 6 of the Practice Direction).

Question 10

From when does the limitation period generally start running in contract and tort claims?

(a) In both instances, from the date of breach.
(b) In the case of contract, from the date of breach. In the case of tort, from the date of actionable damage.
(c) In both instances, from the date of actionable damage.

Answer 10

B -Well done. The limitation period for both contract and tort starts to run from when the cause of action accrues. For contract claims, this will be from the date of the breach of contract whereas for tortious claims, time starts to run from the date of actionable damage.

Question 11

How long is the limitation period for contract and tort claims (where none of the more specific provisions apply)?

(a) 3 years
(b) 12 years
(c) 1 year
(d) 6 years

Answer 11

D - Well done. This is the general rule, but there are specific provisions for personal injury claims and some latent damage claims which must be considered.

Question 12

Marks Ltd, a landscaper, agrees to purchase 10 bulk bags of wood chip from a supplier at £150 each. The contract was signed on 8 January 2020 and it was a term of the contract that the wood chip would be delivered to Marks Ltd’s yard in Dorchester on 2 March 2020. It was a further term of the contract that time was of the essence. You ascertain that the wood chip was delivered to your client’s London premises 4 weeks after the contractual date of delivery. The knock-on effect of this was that Marks Ltd has lost a contract with a customer. During the case analysis, you must work out when the limitation period expires. On which of the following dates does the limitation period expire?

(a) 2 March 2026
(b) 22 December 2025
(c) 8 January 2026

Answer 12

A - Correct. Under s.5 Limitation Act 1980, the limitation period for a breach of contract claim is effectively 6 years from the date of contractual breach, which is the contractual date of delivery in this case.

Question 13

On 1 March 2020, Kelly is injured when a motorist collides with her car. She is immediately aware of her injuries. She exchanges personal details with the motorist that caused the accident. On 1 April 2020, a solicitor advises her that she may have a claim in negligence against the motorist. When will limitation expire?

(a) 1 March 2023
(b) 1 March 2026
(c) 1 April 2023
(d) We cannot say on these facts

Answer 13

A - Well done. This is a claim for personal injuries. The claim must be brought within 3 years of the latest of when the cause of action accrued, or the date of knowledge. In this case, those 2 dates are the same – the date of knowledge was the same as the accrual of the cause of action – 1 March 2020. It is not necessary for Kelly to know that she has a claim in negligence in order for her to have the requisite knowledge, so the advice from the solicitor is not relevant.

**Key to identify that the earliest date is the best option to chose and her she was immediately aware of her injuries as date of knowledge same as accrual of cause of action. **

Question 14

The claimant is suing Catherine Benson and Ahmed Khan, an accountancy partnership called B&K Accountancy. Who should the claimant bring their claim against?

(a) Catherine Benson and Ahmed Khan
(b) Catherine Benson and Ahmed Khan trading as B&K Accountancy is incorrect because it is not a sole trader
(c) Catherine Benson and Ahmed Khan trading as B&K Accountancy
(d) B&K Accountancy LLP
(e) B&K Accountancy (A Firm)

Answer 14

E - B&K Accountancy Limited is incorrect because it is not a company.

Catherine Benson and Ahmed Khan trading as B&K Accountancy is incorrect because it is not a sole trader.

Catherine Benson and Ahmed Khan is incorrect because of the contents of 7A PD 5A whereby claims brought against a partnership must be brought against the name under which the partnership carried on business unless it is inappropriate to do so. There is no reason in the brief facts given not to sue in the partnership name. It is sometimes appropriate to sue the partners individually if it seems likely that it will be necessary to seek enforcement of judgment against the partners’ personal assets, as well as the partnership assets, but there is nothing on the facts to suggest this (and in that instance, it is more likely that both the partnership name and the individuals’ names would be used).

B&K Accountancy LLP is incorrect because it is not an LLP.

So, unless inappropiate then you should issue against the partnership name, but if facts suggest you may need to enforce against partners personal assets, etc then you would use both.

Question 15

A litigation claim is being brought against a sole trader called April Carter. April runs a fruit and vegetable shop called ‘Freshfare’ and the claim is in relation to the shop. How should April best be described in the claim?

(a) Freshfare Limited
(b) April Carter
(c) Freshfare LLP
(d) April Carter (trading as Freshfare)
(e) Freshfare (a firm)

Answer 15

D - Correct; for sole traders, commonly both the individual and trading name will be used when describing a party to the claim and therefore the ‘best’ answer is April Carter (trading as Freshfare). This is particularly the case as the dispute appears to be in relation to her shop.

Question 16

What steps can be taken against a child or protected party in proceedings before the appointment of a litigation friend?

(a) Serve a defence
(b) Make an interim application during proceedings
(c) Issue and serve a claim form
(d) Make an interim application pre-action
(e) Issue and serve a particulars of claim

Answer 16

C - Correct. A person cannot make an application against a child or a protected party before proceedings have started or take any step in the proceedings unless the child or protected party has a litigation friend (CPR 21.3). The exceptions are to serve a claim form or to seek the appointment of a litigation friend by way of a court order. Any other step taken in the proceedings where there is no litigation friend has no effect (CPR 21.3(5)).

Make an interim application during proceedings or pre-action, serve a defence or issue and serve a particulars of claim are all incorrect because of CPR 21.3 which limits what steps can be taken before a litigation friend is appointed.

Question 17

C wishes to bring a personal injury claim against his employer. The claim is valued at £65,000. What is the best advice to give C about whether to issue a claim in the County Court or the High Court?

(a) The claim should be issued in the Chancery Division of the High Court.
(b) The claim can be issued in either the County Court or the High Court.
(c) The claim must be issued in the County Court.
(d) The claim must be issued in the High Court.
(e) The claim should be issued in a specialist division of the County Court.

Answer 17

B - Correct. As this is a personal injury claim exceeding £50,000, both the County Court and High Court have jurisdiction. You will need to consider the factors in 7A PD 2 when making a final decision about whether to issue in the County Court or the High Court.

Question 18

In order to avoid a limitation defence, what must be done before the limitation date?

(a) The claim form must be served.
(b) The particulars of claim must be served.
(c) The particulars of claim must be filed at court.
(d) The claim form must be issued.
(e) The claim form and particulars of claim together must be filed and served.

Answer 18

D - Correct. It is the issuing of the claim form that begins the claim and stops time running for limitation purposes (Limitation Act 1980, CPR 7.2 and 7A PD 5).

Question 19

Which of the following is NOT specified in the CPR as a justification for issuing proceedings in the High Court (when the CPR does not indicate that either the County Court or the High Court is mandatory)?

(a) The importance of the outcome to the public.
(b) The financial value of the claim.
(c) The claimant believes that the claim ought to be dealt with by a High Court judge.
(d) The complexity of the procedures involved.
(e) The availability of High Court resources (at the time of issue).

Answer 19

E - Correct. The relevant rules do not indicate that this is a potential justification.

Question 20

An antique furniture dealer commences proceedings against an individual in relation to £25,000 owed by the individual for furniture purchased. The individual has instructed solicitors and the solicitors have provided an address for service. Which of the following is a permitted method of service of the claim form?

(a) Service by any of the methods listed in the other answers.
(b) Personal service on the individual.
(c) Service by post to the usual or last known residence of the individual by post.
(d) Service on the business address of the solicitor.
(e) Service by depositing the claim form at the usual or last known residence of the individual.

Answer 20

D - Correct. As the solicitor has been instructed to accept service of proceedings, this is now the only permissible place to serve the claim form (CPR 6.7).

Question 21

The deadline for taking the ‘relevant step’ to serve the claim form depends on…

(a) …when the claim form was issued.
(b) …the date of last correspondence with the defendant.
(c) …the method of service to be adopted.
(d) …when the limitation period expires.

Answer 21

A - As if claim form served within jurisdiction, the “relevant step” (serving above) to serve must be completed before 12 midnight on the calender day four months after the date of issue of the claim form.

Question 22

If particulars of claim are not contained in or served with the claim form they must be served…

(a) …within 14 days of service of the claim form, and also within 4 months of the claim being issued
(b) …within 14 days of service of the claim form or within 4 months of the claim being issued (whichever is later).
(c) …before service of the claim form.
(d)…within 14 days of service of the claim form.

Answer 22

A - Well done. See CPR 7.4(2).

Question 23

A defendant agrees to accept service by email. The claim form is then duly served by email. The email is sent on Friday 19 October. The claimant receives notification that it has been read on Monday 22 October. When is the claim form deemed served?

(a) Friday 19 October.
(b) Tuesday 23 October.
(c) Monday 22 October.
(d) Saturday 20 October.
(e) Sunday 21 October.

Answer 23

B - Correct. The document served is a claim form (which has different rules to other documents). Deemed date of service will be the second business day after the relevant step to serve was taken, as listed in CPR 7.5(1). For service by email this step is sending the email. Both the first and second days must be business days (ie not weekend or other holiday days) so the first business day is Monday 22 October and the second business day, the date of deemed service, is Tuesday 23 October.

Question 24

A defence is posted (second class) on Thursday 1 November. When is it deemed served?

(a) Saturday 3 November.
(b) Friday 2 November.
(c) Thursday 1 November.
(d) Monday 5 November.
(e) This is not an acceptable mode of service – it will not be deemed served at all.

Answer 24

E - Correct. Second class post is not an acceptable method of service, only first class post.

Question 25

A witness statement properly addressed is collected by the DX service on Friday 4 March. When is it deemed served? (a) Sunday 6 March (b) Monday 7 March (c) Tuesday 8 March (d) Saturday 5 March (e) Friday 4 March

Answer 25

A - Well done. It would be deemed served second day after posting / giving to DX provider, if a business day, and otherwise it would be deemed served the next business day. The DX provider took it on 4 March. The second day after this is 6 March, a Sunday, and not a business day. So it would be deemed served the next business day, which is Monday 7 March.

Question 26

If a witness statement is served by document exchange, the deemed date of service will be on…. (a) The day after the witness statement was left with, delivered to or collected by the DX service provider, regardless of whether that day is a business day or not. (b) The second day after the witness statement was left with, delivered to or collected by the DX service provider, regardless of whether that day is a business day or not. (c) The same day that the witness statement was left with, delivered to or collected by the DX service provider, provided this happens before 4.30pm and that day is a business day. (d) The day after the witness statement was left with, delivered to or collected by the DX service provider, provided that day is a business day. (e) The second day after the witness statement was left with, delivered to or collected by the DX service provider, provided that day is a business day.

Answer 26

E - Correct. The document served is a witness statement so the rules relating to documents ‘other than a claim form' apply. These state that for service by DX the deemed date of service will be the second day after taking the necessary steps as listed in the rule to place the document with the DX service provider, provided that day is a business day.

Question 27

Which of the following lists are all statements of case? (a) Particulars of claim and Witness statement (b) Acknowledgment of service and Defence (c) Claim form and Reply to defence (d) Defence and Expert’s report

Answer 27

C - Correct. Statements of case are key documents by which the parties set out their position in relation to the factual basis of the claim and the claimant’s entitlement to relief. They therefore include the claim form, particulars of claim (if not included in claim form), defence, Part 20 claim and reply to defence.

Question 28

The claimant has issued a claim form with attached particulars of claim and served the documents on the defendant. The defendant has filed and served a defence. The claimant realised it has made a mistake in the particulars of claim: it has not set out one of the duties. What should the claimant do? (a) Withdraw its claim (b) Apply to the court for an amendment (c) Tell the defendant

Answer 28

B - Correct. If a statement of case does not comply with necessary content or includes a mistake, it requires formal amendment. This is likely to require the input of the court, giving permission and making further directions to allow for the defendant to amend its defence, etc. There may be costs consequences for the claimant.

Question 29

If a statement of case contains a serious false statement, what are the implications for the client who has signed the statement of truth? (a) Nothing. The statement of case is the responsibility of the solicitor. (b) Proceedings for contempt of court (c) The case is struck out (d) Costs sanctions

Answer 29

B - If the document turns out to contain a false statement and the person signing the statement of truth does not have an honest belief that the statement was true, then proceedings for contempt of court may be brought against the person signing. This can lead to sanctions within the proceedings, fines and/or imprisonment in serious cases.

Question 30

Angela Smith and Brian Jones are business partners in a firm which trades under the name ‘AB Partnership’. If suing this partnership, how would the name of this defendant appear on the claim form? (a) (1) Angela Smith (2) Brian Jones (b) Angela Smith and Brian Jones trading as AB Partnership (c) AB Partnership LLP (d) AB Partnership (a Firm) (e) AB Partnership Limited

Answer 30

D - As the partners are being sued as a partnership (ie in the name of the firm and not as individuals) and there is nothing to suggest this is anything other than a traditional partnership (ie it is not an LLP), this is the correct format for the name of this defendant.

Question 31

In working out the statement of value in the claim form, the following matters should not be taken into account… (a) Interest and costs only. (b) Damages, interest, costs, counterclaims, set off, contributory negligence and state benefits the defendant may be liable to pay under the Social Security (Recovery of Benefits) Act 1997 only. (c) Contributory negligence and state benefits the defendant may be liable to pay under the Social Security (Recovery of Benefits) Act 1997 only. (d) Counterclaims, set off, contributory negligence and state benefits the defendant may be liable to pay under the Social Security (Recovery of Benefits) Act 1997 only. (e) Interest, costs, counterclaims, set off, contributory negligence and state benefits the defendant may be liable to pay under the Social Security (Recovery of Benefits) Act 1997 only.

Answer 31

E - Correct. These items should be disregarded for the purposes of the statement of value in the claim form (CPR 16.3(6)).

Question 32

It is often appropriate to include the particulars of claim on the claim form for a claim that is a…. (a) Professional negligence claim (b) Personal injury claim for a brain injury (c) Complex contractual dispute (d) Simple debt claim (e) Against multiple parties

Answer 32

D - Particulars of claim are usually contained in a separate document, but they can be included in the claim form where they are relatively concise which they are likely to be in a simple debt claim.

Question 33

In a negligence claim in the High Court, where the claimant claims damages for loss of reputation, which of the following most accurately describes the likely position in relation to interest being claimed in the particulars of claim? (a) A claim for interest on these damages can be included in the particulars of claim. This must include an exact calculation including the percentage rate, period claimed and total to date and will be based on s35A Senior Courts Act 1981. (b) A claim for interest on these damages can be included in the particulars of claim. This will be pleaded generally and will be based on contractual principles. (c) A claim for interest on these damages can be included in the particulars of claim. This will be pleaded generally and will be based on s35A Senior Courts Act 1981. (d)A claim for interest on these damages will not be included in the particulars of claim as the amount of these damages will need to be estimated by the court and are not yet outstanding. (e) A claim for interest on these damages can be included in the particulars of claim. This will be pleaded generally and will be based on s69 County Courts Act 1984.

Answer 33

C - Correct. This is a tort claim (negligence) in the High Court so there is no contractual interest provision that might apply and the Senior Courts Act is appropriate for the statutory claim. This is an unspecified claim, as the damages concerned will need to be estimated by the court, so the interest can be pleaded generally.

Question 34

The claimant agreed to provide the defendant with building materials. The contract setting out all terms of the agreement was signed by both the claimant and the defendant. There is now a dispute and the claimant has issued court proceedings against the defendant. What should the claimant attach to the particulars of claim? (a) A witness statement (b) Particulars of an oral agreement (c) Written agreement (d) An expert’s opinion (e) Particulars of the conduct relied on

Answer 34

C - There are requirements for the particulars of claim in specific types of claim and situations. Here, the claim is based on a written agreement and so the written agreement should be attached. The claim is not based on an oral agreement or an agreement by conduct and so particulars of words spoken or conduct are not required. It is not the purpose of the particulars of claim to set out evidence (from an expert or a witness); this is provided at a later stage.

Question 35

What is the purpose of the prayer in the particulars of claim? (a) A summary of the duty, breach, causation and loss (b) A summary of the damages sought by the claimant (c) A summary of the interest sought by the claimant (d) A summary of the relief sought by the claimant (e) A summary of the parties

Answer 35

D - The particulars of claim closes with a summary of the remedies sought by the claimant and so gives the court and the defendant a quick means of ascertaining what the claimant actually wants. It includes damages and, if claimed, interest.

Question 36

You have just been instructed by a new client. Today’s date is 15th December and you advise your client that the limitation for its proposed claim expires on 27th December in 12 days’ time. The Practice Direction on Pre-action Conduct applies to the claim. Your client would like to proceed with the claim, but will not be available to assist with case preparation until early in January. Your client wants to know whether it is possible to postpone issuing proceedings until early in January? What advice should you give your client? (a) Your client should issue proceedings straight away and then ask the defendant to agree to an application by your client to the court to stay proceedings so both parties can comply with the Practice Direction on Pre-action Conduct. (b) Your client should comply with the Practice Direction on Pre-action Conduct prior to issuing proceedings as failure to do so will result in adverse costs consequences. (c) Your client should write a letter to the defendant setting out the nature of the proposed claim and suggesting that they agree to postpone proceedings until early in January. (d) Your client should issue the claim form straight way but wait to serve it until the beginning of January when it is able to attach the particulars of claim to provide the defendant with more information on its underlying claim. (e) Your client should write a letter to the defendant setting out the nature of the proposed claim and await a response as a demonstration of good conduct in the proceedings in accordance with the Practice Direction on Pre-action Conduct.

Answer 36

A - CORRECT: Given the tight timelines and the application of the Practice Direction on Pre-action Conduct the best course of action for the client is to issue the claim form straight away (so preventing the claim from being time-barred by limitation) but contact the defendant so that they can apply to the court asking for a stay to proceedings allowing compliance with the Practice Direction (paragraph 17). The other options set out do not fully address the duty owed by the claimant to comply with the Practice Direction or deal effectively with the risk of the claim being time-barred due to limitation.

Question 37

Your client is a company who is intending to commence proceedings against a partnership claiming professional negligence. The claim is for £500,000. As required, the company and the partnership have been following the Professional Negligence Pre-action Protocol. Recently, however, the solicitors for the potential defendant partnership were 2 days late in responding to the letter of claim without seeking an extension or offering any explanation. Which of the following statements best describes what your client should do, assuming it wishes to commence proceedings as soon as possible? (a) The company should not raise the partnership's non-compliance with the protocol at the moment but instead ask the court to make an adverse costs order at the end of the case (CPR 44.2) to reflect the non-compliance. (b) The company should expect more favourable case management orders since it has complied with the protocol and the partnership has not. (c) The company should ignore the fact that the partnership was 2 days late and carry on complying with the Pre-action Protocol. (d) The company should raise the partnership's non-compliance with the court and ask the court to impose costs sanctions for non-compliance with the protocol. (e) The company should commence proceedings as the Pre-action Protocol has not been followed by the partnership.

Answer 37

C - CORRECT. Parties are expected to comply with the spirit of the protocols and the court will not be concerned with trivial breaches (paragraph 13 PD on Pre-action Conduct). **So make sure to regonise that minimal breaches will not usually result it negative costs consequences, etc.**

Question 38

Your client wishes to commence proceedings for breach of contract against a supplier for defective goods. The amount of the claim is £108,000 (inclusive of £18,000 VAT). The claim is not complex. In which court can your client issue proceedings? (a) If your client commences proceedings in the County Court it is likely that the court will transfer it to the High Court. (b) Your client must issue proceedings in the High Court. (c) Your client has a choice as to whether to issue proceedings in the County Court or the High Court. (d) Your client must issue proceedings in the County Court given that the principal amount is £90,000. (e) Because the case will be allocated to the multi-track, your client ought to commence proceedings in the High Court.

Answer 38

C- Correct. Given that the amount is over £100,000 (even if this is only as a result of VAT), your client has a choice as to where to issue proceedings (7A PD 2.1 and CPR 16.3(6)). However, facts here may point towards the Count Court being the better choice given the complex is not complex and the value is only just over the £100,000 threshold.

Question 39

A client is claiming damages for negligence by a solicitor. The solicitor works in a city law firm’s commercial property department and is listed in Chambers & Partners as a specialist in commercial property law. It is alleged that the solicitor negligently advised the client about the meaning of a restrictive covenant which has directly let to the client suffering loss. Which of the following statements best describes the standard of care that the solicitor should have exercised in this case? (a) The solicitor must act to the standard of a reasonably competent practitioner specialising in commercial property. (b) The solicitor must act to the standard of a reasonably competent practitioner. (c) The solicitor must act to the standard the majority of solicitors would act. (d) The solicitor must act to the standard of a reasonably competent practitioner specialising in commercial property and recommended in Chambers & Partners. (e) The solicitor must act to the standard acceptable to a responsible body of practitioners.

Answer 39

A - The solicitor owes the client a duty to exercise reasonable care and skill (in both contract and tort). The duty owed is the same in contract and tort. The duty in contract derives from an implied term to act with reasonable care and skill pursuant to s.13 Supply of Goods and Services Act 1982. The same duty is owned in tort as Hedley Byrne v Heller (and later Caparo v Dickman) established that a person who makes a negligent statement could owe a duty of care to a person who suffered pure economic loss through reliance on that statement if there is a special relationship between the parties. The solicitor / client relationship is an established category of special relationship where it is reasonable to impose a duty. The standard is that of a reasonably competent solicitor. The court will consider that a solicitor is not normally negligent if acting in accordance with general practice (Bolam), but that is not conclusive and in deciding what is reasonable, the court may look at the level of skill it believes members of the professional ought to have had (Bolitho). There is a slightly higher standard for someone of greater experience and skill, for example, specialising in commercial property, in contrast to a solicitor who is a general practitioner, but no higher standard. The individual Chamber’s recommendation does not affect the standard. This question is a reminder that you need to have knowledge of contract and tort. Please remember that you have access to contract and tort materials on Adapt.

Question 40

A solicitor has been instructed on behalf of a supermarket chain to act in relation to a breach of contract claim against one of the supermarket’s suppliers. The supermarket chain is a private company. Having completed the requirements set out in the Practice Direction on Pre-action Conduct and having failed to settle the claim, the solicitor drafts the particulars of claim on behalf of their client. The managing director of the supermarket chain will sign the statement of truth on the particulars of claim. Which of the following gives the correct format for the statement of truth? (a) The Claimant understands that proceedings for contempt of court maybe brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. (b) The Claimant believes that the facts stated in these particulars of claim are true. I understand that proceedings for contempt of court maybe brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. (c) I believe that the facts stated in these particulars of claim are true. I understand that proceedings for contempt of court maybe brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. (d) The Claimant believes that the facts stated in these particulars of claim are true. The Claimant understands that proceedings for contempt of court maybe brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. I am duly authorised by the Claimant to sign this statement. (e) I am duly authorised by the Claimant to sign these particulars of claim. I understand that proceedings for contempt of court maybe brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Answer 40

D - Well done. This is the correct form of a statement of truth where a statement of case (here, the particulars of claim) is being signed on behalf of a company. This was covered in the element 'General rules in relation to statements of case'.

Question 41

If the defendant acknowledges service indicating an intention to defend the claim, the effect of this is as follows: (a) This will stay the claim for 14 days while the defence is prepared. (b) This will extend the period for filing the defence to 56 days from the deemed date of service of the particulars of claim. (c) This will extend the period for filing the defence to 28 days from the deemed date of service of the claim form. (d) This will extend the period for filing the defence by an extra 14 days from the date the acknowledgment of service was filed. (e) This will extend the period for filing the defence to 28 days from the deemed date of service of the particulars of claim.

Answer 41

E

Question 42

If, after having filed an acknowledgment of service, the defendant is unable to file and serve their defence by the deadline prescribed by their rules their next step should be as follows: (a) Request an extension of up to 56 further days from the claimant, notifying the court in writing of any such extension that is agreed. (b) Allow the deadline to pass but file and serve the defence as soon as possible after this. (c) Write to the court asking them to persuade the claimant to agree to an extension of time. (d) Request an extension of up to 28 further days from the claimant, notifying the court in writing of any such extension that is agreed. (e) Make an immediate application to the court for an order extending the time for service of the defence.

Answer 42

D - CPR 15.5 allows the parties to agree extensions of up to 28 days between themselves.

Question 43

The claim form is served with particulars of claim attached. When does the acknowledgment of service need to be filed? (a) Within 14 days after service of the claim form (b) Within 14 days after service of the particulars of claim. (c) Within 28 days after service of the particulars of claim. (d) Within 28 days after service of the claim form

Answer 43

A - So, if POC served with Claim Form then it is 14 days from service of the claim form and not the POC

Question 44

The claim form is served indicating that particulars of claim will follow. The particulars of claim do indeed follow 2 days later. When does the acknowledgment of service need to be filed? (a) Within 28 days after service of the claim form (b) Within 14 days after service of the claim form (c) Within 14 days after service of the particulars of claim. (d) Within 28 days after service of the particulars of claim.

Answer 44

C - Whereas if POC served later, then AOS due 14 days from service of POC.