W4 MCQs Flashcards
W4
What is the part 8 procedure used for?
To seek the court’s decision to a question which is unlikely to involve a substantial dispute of fact.
W4
If a defendant is served with a claim form based on part 8 and written evidence from the claimant, how and when should the defendant respond?
Not more than 14 days after service of the claim form, the defendant should file and serve an acknowledgment of service and written evidence.
No defence is required
POC not used in part 8
W4
In a part 8 claim, the defendant has realised it will not be able to file and serve its evidence by the deadline in three days’ time. The defendant will be able to file the acknowledgment of service on time. What is the best course of action the defendant can take now to file the evidence?
Try to agree an extension of time with the claimant to file the evidence on a date up to 14 days after the acknowledgment of service.
What are the statements of case?
- claim form
- POC (if not included in CF)
- defence
- Part 20 claim (counterclaim)
- reply to defence
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?
Apply to the court for an amendment
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.
If a statement of case contains a serious false statement, what are the implications for the client who has signed the statement of truth?
Proceedings for contempt of court
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?
(1) Angela Smith (2) Brian Jones
AB Partnership LLP
Angela Smith and Brian Jones trading as AB Partnership
AB Partnership Limited
AB Partnership (a Firm)
AB Partnership (a Firm)
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).
In working out the statement of value in the claim form, what should not be taken into account?
- Interest
- costs
- counterclaims
- set off
- contributory negligence
- state benefits the defendant may be liable to pay under the Social Security (Recovery of Benefits) Act 1997 only.
It is often appropriate to include the particulars of claim on the claim form for a claim that is a….
Simple debt claim
POC usally contained in a seperate document but can be inc. if simple
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 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.
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?
Written agreement
claim based on written agreement so should be attached
What is the purpose of the prayer in the particulars of claim?
A summary of the relief sought by the claimant
