Q10 dispute resolution

Question 1

Which senior judge led the reform of the civil justice system in the late 1990s?

A.
Lord Halsbury

B.
Lord Woolf

C.
Lord Fox

D.
Lord Latham

Answer 1

B.

Lord Woolf

Question 2

Which of the following is not a type of Alternative Dispute Resolution?

A.
Conciliation

B.
Mediation

C.
Litigation

D.
Adjudication

Answer 2

C.

Litigation

Question 3

The Housing Grants, Construction & Regeneration Act 1996 only applies to:

A.
Construction contracts whether or not they are in writing

B.
Construction contracts that are in writing

C.
Construction contracts that are not in writing

D.
Construction contracts that are important

Answer 3

A.

Construction contracts whether or not they are in writing

Question 4

Which of the following does the Housing Grants, Construction & Regeneration Act 1996 imply into construction contracts?

A.
A right to refer disputes to arbitration

B.
A right to refer disputes to adjudication

C.
A right not to refer disputes to arbitration

D.
A right not to refer disputes to adjudication

Answer 4

B.

A right to refer disputes to adjudication

Question 5

Which of the following does not reflect the view of the Latham Report (1994) into the construction industry’s approach towards dispute resolution?

A.
Positive

B.
Ineffective

C.
Adversarial

D.
Fragmented

Answer 5

A.

Positive

Question 6

Which of the following dispute resolution techniques is generally the quickest?

A.
Mediation

B.
Arbitration

C.
Litigation

D.
Adjudication

Answer 6

D.

Adjudication

Question 7

Which of the following is not a feature of the ‘overriding objective’ of the civil court system to deal with disputes justly?

A.
Avoid a ‘winner takes all’ outcome

B.
Ensure that the parties are on an equal footing

C.
Minimise expenditure

D.
Deal with cases expeditiously and fairly

Answer 7

A.

Avoid a ‘winner takes all’ outcome

Question 8

Construction disputes are often heard in the

A. 
Crown Court (CC)

B.
Divorce & Engineering Court (DEC)

C.
Technology & Construction Court (TCC)

D.
Construction & Engineering Court (CEC)

Answer 8

C.

Technology & Construction Court (TCC)

Question 9

The Latham Report (1994) made over 30 recommendations for creating a less combatative culture within the construction industry. Which of the following was the only recomendation that actually became adopted as law?

A.
Compulsory recourse to adjudication

B.
Banning shouting

C.
Compulsory use of ‘letters before action’

D.
Imposing liability sharing frameworks in construction contracts

Answer 9

A.

Compulsory recourse to adjudication

Question 10

What was the official title of the Latham Report (1994)?

A.
Changing the team

B.
Dismantling the team

C.
Constructing the team

D.
Playing the team

Answer 10

C.

Constructing the team

Question 11

Which of the following dispute settlements is not embodied as a contract agreement between the parties

A.
Arbitration

B.
Adjudication

C.
Mediation

D.
Conciliation

Answer 11

A.

Arbitration

Question 12

What is the name of the set of standard contract terms imposed by the Housing Grants, Construction & Regeneration Act 1996 into construction contracts if they have not made adequate provision to meet the requirements of the Act themselves?

A.
The Scheme for Construction Contracts

B.
The Scheme

C.
The Scheme for Contracts

D.
The Scheme for Deficient Construction Contracts

Answer 12

A.

The Scheme for Construction Contracts

Question 13

Under the statutory scheme how quickly must an adjudicator reach a decision, following receipt of the referring party’s Referral Notice?

A.
7 days

B.
28 days

C.
3 months

D.
1 month

Answer 13

B.

28 days

Question 14

In relation to the civil litigation system as reformed in 1998 following the Woolf Report, what does ‘CPR’ stand for?

A.
Claim Procedure Rules

B.
Court Procedure Rules

C.
Civil Procedure Rules

D.
Cardio-Pulmonary Resuscitation

Answer 14

C.

Civil Procedure Rules

Question 15

Which of the following is not a requirement of the Ministry of Justice’s Pre-Action Protocol for Construction and Engineering Disputes?

A.
That the parties must disclose all evidence that they intend to rely upon before bringing formal legal proceedings

B.
That the claimant must send the defendant a comprehensive Letter of Claim setting out full details of the claimant’s allegations before bringing formal legal proceedings

C.
That the defendant must supply a comprehensive response to the claimaint’s allegations before bringing formal legal proceedings

D.
That the parties should consider whether ADR might be more appropriate than litigation

Answer 15

A.
That the parties must disclose all evidence that they intend to rely upon before bringing formal legal proceedings

Disclosure of all the evidence is required - but at a later stage

Question 16

Which of the following is the Technology & Construction Court not intended for?

A.
Disputes involving anti-competitive practices by construction companies

B.
Building, construction and engineering disputes

C.
Claims relating to complex computer and communications contract disputes

D.
Claims relating to fires, pollution and neighbour disputes

Answer 16

A.

Disputes involving anti-competitive practices by construction companies

Question 17

Which of the following are not characteristics of the TCC and its approach to disputes

A.
More collaborative approach - parties have a more active role in drawing up the wording of the court’s orders and judgments, so that the wording is workable by the parties and their contracts

B.
All claims are ‘fast tracked’ - in order to keep projects working, the TCC will ensure that strict time limits are applied to all cases passing through the TCC

C.
Specialist judges - judges are selected from a pool who have experience of TCC type disputes.

D.
Heavy reliance on computerisations of evidence - the TCC has pioneered the digitisation of contractual documentation and other evidence, and the use of charts and tables (e.g. ‘Scott schedules’) to best handle the large quantity of paperwork and points in issue in a TCC dispute.

Answer 17

B.
All claims are ‘fast tracked’ - in order to keep projects working, the TCC will ensure that strict time limits are applied to all cases passing through the TCC

Question 18

Which of the following statements is not a correct statement of an expert witnesses’ duties?

A.
Parties can only call expert witness evidence with permission of the courts

B.
The courts will require the parties’ experts to meet before trial to attempt to narrow down the range of issues in dispute

C.
Experts owe duties to the court to present their expert opinions in an unbiased manner

D.
An expert witnesses will be selected, appointed and paid by the court, rather than by one of the parties.

Answer 18

D.

An expert witnesses will be selected, appointed and paid by the court, rather than by one of the parties.

Question 19

Which Act regulates arbitration proceedings?

A.
There is no legislation - as a ‘private’ dispute resolution system arbitration sits outside the legal system

B.
Civil Jurisdiction & Judgments Act 1982

C.
Housing Grants, Construction & Regeneration Act 1996

D.
Arbitration Act 1996

Answer 19

D.

Arbitration Act 1996

Question 20

Which of the following statements about arbitration is incorrect?

A.
Arbitration offers a wider range of remedies than litigation

B.
Arbitration gives the parties more freedom than litigation on how the proceedings will be organised.

C.
There are only limited rights of appeal to the civil courts about an arbitrator’s ruling.

D.
Unlike most court proceedings, arbitration hearings are held in private. There are no public rights of access to arbitration hearings.

Answer 20

A.

Arbitration offers a wider range of remedies than litigation