W2 MCQ

Question 1

If the defendant acknowledges service indicating an intention to defend the claim, the effect of this is as follows:

A. This will extend the period for filing the defence to 28 days from the deemed date of service of the claim form.

B. This will extend the period for filing the defence by an extra 14 days from the date the acknowledgment of service was filed.

C. This will extend the period for filing the defence to 28 days from the deemed date of service of the particulars of claim.

D. This will stay the claim for 14 days while the defence is prepared.

E. This will extend the period for filing the defence to 56 days from the deemed date of service of the particulars of claim.

Answer 1

C. This will extend the period for filing the defence to 28 days from the deemed date of service of the particulars of claim.

Question 2

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 28 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 56 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 2

A. Request an extension of up to 28 further days from the claimant, notifying the court in writing of any such extension that is agreed.

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

Question 3

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 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 claim form

D. Within 28 days after service of the particulars of claim.

Answer 3

B. Within 14 days after service of the particulars of claim.

Question 4

The claim form is served with particulars of claim attached. When does the defence need to be filed (assuming no acknowledgement of service is filed)?

A. Within 28 days after service of the particulars of claim.

B. Within 14 days after service of the particulars of claim.

C. Within 14 days after service of the claim form

D. Within 28 days after service of the claim form

Answer 4

B. Within 14 days after service of the particulars of claim.

Question 5

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 28 days after service of the particulars of claim.

C. Within 28 days after service of the claim form

D. Within 14 days after service of the particulars of claim.

Answer 5

A. Within 14 days after service of the claim form

Question 6

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 particulars of claim.

C. Within 14 days after service of the claim form

D. Within 28 days after service of the particulars of claim.

Answer 6

B. Within 14 days after service of the particulars of claim.

Question 7

If a claim for a specified sum is admitted in full, the judgment sum payable by the defendant will comprise…

A. The debt, interest, court fees and fixed costs.

B. The debt, interest and court fees.

C. The debt, interest and court fees, with an amount for costs to be assessed later.

D. The debt and interest.

E. The debt, interest and fixed costs.

Answer 7

A. The debt, interest, court fees and fixed costs.

Judgment in the exact sum due can be entered without delay as the amount of interest on the debt can be calculated to the date of judgment, the court fees are known and fixed court costs will apply (these are set out in CPR 45).

Question 8

A defendant admits the whole of an unspecified claim. What will happen next?

A. There will be a hearing to confirm judgment on liability and quantum.

B. Judgment on liability will automatically be entered by the court with quantum (and costs) to be decided at a later hearing.

C. Judgment on liability and quantum will automatically be entered by the court and the case will be over.

D. The claimant will make a request for judgment. On receipt of this request the court will enter judgment on liability with fixed costs under CPR 45. Quantum will be decided at a later hearing.

E. The claimant will make a request for judgment. On receipt of this request the court will enter judgment on liability with quantum (and costs) to be decided at a later hearing.

Answer 8

E. The claimant will make a request for judgment. On receipt of this request the court will enter judgment on liability with quantum (and costs) to be decided at a later hearing

Question 9

Following an admission by a defendant to pay a specified sum and a request for time to pay, the claimant’s position is as follows:

A. The claimant must accept the payment terms offered by the defendant in their request for time to pay.

B. The claimant can reject the request for time to pay and insist on full payment immediately instead.

C. The claimant can reject the request for time to pay in which case the court will decide the rate of payment of the outstanding amount.

D. The claimant can accept the request for time to pay and demand further financial information from the defendant.

E. The claimant can reject the request for time to pay and impose their own rate of payment instead.

Answer 9

C. The claimant can reject the request for time to pay in which case the court will decide the rate of payment of the outstanding amount.

The claimant has the option to reject the defendant’s request for time to pay and it is the court that will decide the rate of payment in these circumstances (CPR 14.10).

Question 10

When calculating time periods expressed as a number of days in the CPR, the ‘clear days’ rule means:

A. The day on which the period begins counts, unless it is defined by reference to an event, such as a hearing, and the day on which the period ends never counts.

B. The day on which the period begins never counts and if the day on which the period ends is defined by reference to an event, such as a hearing, that day does not count either.

C. Weekends and bank holidays are not included if the time period is three days or less.

D. Weekends and bank holidays are never included.

E. The day on which the period begins never counts and neither does the day on which the period ends.

Answer 10

B. The day on which the period begins never counts and if the day on which the period ends is defined by reference to an event, such as a hearing, that day does not count either.

This is the rule that applies to all time limits in the CPR expressed as a number of days (CPR 2.8).

Question 11

Where the specified period is [ ], any Saturdays, Sundays, Bank Holidays, Christmas Days or Good Fridays in the time period do not count.

A. Less than 7 days

B. 7 days or more

C. Not more than 5 days

D. Less than 5 days

Answer 11

C. Not more than 5 days

The expression used in the CPR is ‘5 days or less’ (CPR 2.8), which means the same thing.

Question 12

The court is to fix a date for a hearing. The hearing must be at least 28 days after the date of notice. If the court gives notice of the date of the hearing on 10 March, when is the earliest date for the hearing?

A. 9 April

B. 16 April

C. 7 April

D. 8 April

Answer 12

D. 8 April

Here, the end of the period is defined by reference to an event (the hearing), so you leave a clear day at the end as well as at the beginning. You also count weekends because the period is more than 5 days. See this element and/or CPR 2.8.

Question 13

The court orders that “The time for service on another party of any question addressed to an expert instructed by that party is not later than 7 days after service of that expert’s report”. The defendant’s expert’s report is deemed served on Monday 23 August. Monday 30 August is a bank holiday. Are the questions on time if served on Tuesday 31 August?

A. No, because 7 clear days after Monday 23 August is Monday 30 August.

B. Yes, because 7 clear days after Monday 23 August is Monday 30 August, but as the court office is closed on Monday 30 August, service is on time if completed by 31 August.

C. Yes, because 7 clear days after Monday 23 August is Tuesday 31 August.

Answer 13

A. No, because 7 clear days after Monday 23 August is Monday 30 August.

7 clear days after Monday 23 August is Monday 30 August (the end of the period is not defined by reference to an event, so you do not leave a clear day at the end). There is a rule that where a deadline relates to doing any act at the court office (such as filing a document at court) and the deadline for doing that act ends on a day on which the court office is closed, then the act is treated as on time if done on the next day on which the court office is open. However, that rule is not relevant here, because serving questions for an expert is not an act at the court office. See this element and CPR 2.8.

Question 14

Notice of an application must be served at least 3 days before the hearing. An application is to be heard on Tuesday 10 February. What is the last date for service?

A. Wednesday 4 February.

B. Friday 6 February

C. Saturday 7 February

D. Tuesday 3 February

Answer 14

A. Wednesday 4 February.

You do not count the days at the beginning or end. You do not count the weekend when the period of time is 5 days or less, and here it is 3.

Question 15

The defendant should require proof of an allegation in the particulars of claim in the following circumstances:

A. When the defendant does not care if the allegation is correct or incorrect but wants the claimant to prove its case.

B. When the defendant knows that the allegation is correct.

C. When the defendant knows that the allegation is incorrect.

D. When the defendant knows that the allegation is incorrect but has their own version of events to put forward instead.

E. When the defendant has no knowledge of the facts of the matter stated.

Answer 15

E. When the defendant has no knowledge of the facts of the matter stated

If the defendant has no direct knowledge, they cannot admit or deny and should require the claimant to prove the point.

Question 16

If the defendant’s defence omits to deal with an allegation in the particulars of claim, the position is generally that…

A. the allegation will be struck out.

B. it is deemed that the defendant requires proof of the allegation.

C. the allegation is deemed admitted.

D. the allegation is deemed denied.

E. the allegation is deemed irrelevant.

Answer 16

C. the allegation is deemed admitted.

This is the case unless the defendant has set out its own case in respect of the allegation, in which case the claimant will still be required to prove the allegation (CPR 16.5(3) and (5)).

Question 17

A reply…

A. should be filed within 14 days after service of the defence.

B. is a compulsory statement of case for the claimant following the service of a defence and counterclaim.

C. will be served by the claimant after the defence only if the claimant wishes to allege facts in answer to the defence which were not originally included in the claim.

D. will usually be followed by further statements of case such as an amended defence.

E. is a compulsory statement of case for the claimant following the service of a defence.

Answer 17

C. will be served by the claimant after the defence only if the claimant wishes to allege facts in answer to the defence which were not originally included in the claim.

The reply is an optional statement of case and will only be served if needed. Please see the Defence and reply element (or CPR 15.8).

Question 18

The following is a matter which must be included in the defence by the defendant …

A. Particulars of the alleged breaches of duty in the claim.

B. A summary of the relief sought.

C. Details of how the claim for interest has been calculated.

D. A copy of any written agreement that the claim is based upon.

E. The date on which the limitation period expired if limitation is being raised as an issue.

Answer 18

E. The date on which the limitation period expired if limitation is being raised as an issue.

Limitation is a defence and if it is being raised by the defendant, the date the limitation period is deemed to have expired must be stated in the defence (16 PD 11.3).

Question 19

What is default judgment?

A. Judgment in favour of the claimant where the statements of case do not amount to a legally recognisable defence.

B. Judgment in favour of the defendant.

C. Judgment in favour of the claimant where the defence is weak.

D. Judgment in favour of the claimant where the defendant has not responded with an acknowledgment of service and/or the defence.

E. Judgment in favour of the claimant where the defendant has not responded with an acknowledgment of service.

Answer 19

D. Judgment in favour of the claimant where the defendant has not responded with an acknowledgment of service and/or the defence.

Judgment in favour of the claimant where the defendant has not responded with an acknowledgment of service and/or the defence is correct and is the meaning of default judgment (CPR 12.1). The other options were incorrect for the following reasons: Judgment in favour of the claimant where the defendant has not responded to the acknowledgment of service is incorrect because it is also important to check if the defendant has filed a defence. A claimant can obtain judgment in default of an acknowledgment of service if the defendant has not filed an acknowledgment of service or a defence and the time for doing so has expired. Judgment in favour of the claimant where the statements of case do not amount to a legally recognisable defence is incorrect because an application for strike out would be more appropriate. Judgment in favour of the claimant where the defence is weak is incorrect because an application for summary judgment would be more appropriate. Judgment in favour of the defendant is incorrect as judgment in default is judgment on the claim in default of the defendant doing something and is available to the claimant only.

Question 20

When does the court have a discretion to set a default judgment aside?

A. If the time limit for acknowledging service or serving a defence had not expired.

B. If the defendant had applied for summary judgment or strike out before judgment was entered.

C. If the acknowledgment of service or the defence had been filed on time.

D. If the defendant had admitted the claim.

E. If the defendant has a real prospect of successfully defending the claim.

Answer 20

E. If the defendant has a real prospect of successfully defending the claim.

‘If the defendant has a real prospect of successfully defending the claim’ is the correct answer. This is one of two reasons the court may set aside a default judgment (CPR 13.3). Test yourself: can you remember what the other reason is? The other options were incorrect for the following reasons because in all the situations stated, the judgment would not have been entered correctly and the court must set aside default judgment in those situations (CPR 13.2) The court may set aside judgment if the acknowledgment of service or the defence had been filed on time is an incorrect answer as this judgment would not have been correctly entered and the court must set aside default judgment in this situation (CPR 13.2). The court may set aside judgment if the defendant had admitted the claim is an incorrect answer as the court must set aside default judgment in this situation (CPR 13.2). The court may set aside judgment if the defendant had applied for summary judgment or strike out before judgment was entered is an incorrect answer as the court must set aside default judgment in this situation (CPR 13.2). The court may set aside judgment if the time limit for acknowledging service or serving a defence has not expired is an incorrect answer as the court must set aside default judgment in this situation (CPR 13.2).

Question 21

Your client is the defendant in the proceedings. The client failed to file its defence by the deadline as it did not have time to draft it. The claimant has entered default judgment against the client. The client believes it has a good defence. What should the client do next?

A. Apply for strike out.

B. Apply for summary judgment.

C. Apply for default judgment to be set aside because judgment has been wrongly entered.

D. Apply for default judgment to be set aside asking the court to exercise its discretion.

E. Submit the defence anyway.

Answer 21

D. Apply for default judgment to be set aside asking the court to exercise its discretion.

Apply for default judgment to be set aside asking the court to exercise its discretion is the correct answer. CPR 13.3 gives the court the discretion to set aside judgment if the defendant has a real prospect of successfully defending the claim. The defendant must, however, apply to set aside judgment without delay (CPR 13.3(2)). The other options were incorrect for the following reasons: Apply for summary judgment is incorrect. A default judgment has been made which effectively ends the proceedings and so the defendant must apply to set aside the default judgment before making any further applications. Apply for strike out is incorrect. A default judgment has been made which effectively ends the proceedings and so the defendant must apply to set aside the default judgment before making any further applications. Apply for default judgment to be set aside because judgment has been wrongly entered is incorrect because judgment has been correctly entered ie in default of the defendant filing the defence. Submit the defence anyway is incorrect because the defendant must address the default judgment by setting it aside before it can take a further step in the proceedings.