W1 MCQ (Pre-Action Conduct) Flashcards
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 party failing to comply could be penalised in interest.
C. The claim could be struck out.
D. The party failing to comply could be penalised in costs.
C. The claim could be struck out.
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.
Which of the following is most likely to justify issuing proceedings without full compliance with the rules on pre-action conduct?
A. The value of the claim being so small that compliance would be disproportionate.
B. The imminent expiry of a limitation period.
C. The defendant refusing to contemplate settlement of the claim.
B. The imminent expiry of a limitation period.
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.
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 a reasonable time.
B. within 28 days.
C. as soon as possible.
D. within 14 days.
A. within a reasonable time.
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).
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 can be issued in either the County Court or the High Court.
B. The claim must be issued in the County Court.
C. The claim must be issued in the High Court.
D. The claim should be issued in the Chancery Division of the High Court.
E. The claim should be issued in a specialist division of the County Court.
A. The claim can be issued in either the County Court or the High Court.
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.
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 claimant believes that the claim ought to be dealt with by a High Court judge.
B. The financial value of the claim.
C. The importance of the outcome to the public.
D. The availability of High Court resources (at the time of issue).
E. The complexity of the procedures involved.
D. The availability of High Court resources (at the time of issue).
The relevant rules do not indicate that this is a potential justification.
In order to avoid a limitation defence, what must be done before the limitation date?
A. The claim form must be issued.
B. The particulars of claim must be served.
C. The particulars of claim must be filed at court.
D. The claim form must be served.
E. The claim form and particulars of claim together must be filed and served.
A. The claim form must be issued.
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).
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. Service by depositing the claim form at the usual or last known residence of the individual.
C. Personal service on the individual.
D. Service on the business address of the solicitor.
E. Service by post to the usual or last known residence of the individual by post.
D. Service on the business address of the solicitor.
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).
The deadline for taking the ‘relevant step’ to serve the claim form depends on…
A. …when the claim form was issued.
B. …the method of service to be adopted.
C. …when the limitation period expires.
D. …the date of last correspondence with the defendant.
A. …when the claim form was issued.
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 or within 4 months of the claim being issued (whichever is later).
B. …within 14 days of service of the claim form.
C. …before service of the claim form.
D. …within 14 days of service of the claim form, and also within 4 months of the claim being issued
D. …within 14 days of service of the claim form, and also within 4 months of the claim being issued
The deadline for taking the ‘relevant step’ to serve the claim form is 12.00 midnight on the calendar day [how many?] months after the date of issue of the claim form (assuming service within the jurisdiction)?
A. 3
B. 2
C. 4
D. 6
C. 4
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. Saturday 20 October.
B. Sunday 21 October.
C. Monday 22 October.
D. Friday 19 October.
E. Tuesday 23 October.
E. Tuesday 23 October.
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.
A defence is posted (second class) on Thursday 1 November. When is it deemed served?
A. Monday 5 November.
B. Thursday 1 November.
C. This is not an acceptable mode of service – it will not be deemed served at all.
D. Friday 2 November.
E. Saturday 3 November.
C. This is not an acceptable mode of service – it will not be deemed served at all.
Second class post is not an acceptable method of service, only first class post.
A witness statement properly addressed is collected by the DX service on Friday 4 March. When is it deemed served?
A. Tuesday 8 March
B. Saturday 5 March
C. Friday 4 March
D. Monday 7 March
E. Sunday 6 March
D. Monday 7 March
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.
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 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.
C. 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.
D. 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.
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.
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
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.
Which of the following lists are all statements of case?
A. Particulars of claim and Witness statement
B. Defence and Expert’s report
C. Claim form and Reply to defence
D. Acknowledgment of service and Defence
C. Claim form and Reply to defence
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.