Wrong In Mocks

Question 1

What are the consequences of putting forward a part 36 offer late ie less than 21 days before trial

Answer 1

Relevant period is until end of trial

Must ask for courts permission to accept if trial has started

No automatic cost consequences

Question 2

Can you recover costs of other issues than that of the part 36 offer which relate to other things

Answer 2

No

Question 3

Will the court consider the merits of an interim application

Answer 3

Yes

Question 4

Must a part 18 request for further information give a date

Answer 4

Yes and must be reasonable

Question 5

Can you apply for disclosure from a non party

Answer 5

Yes but only if docs support applicants case or are adverse to other parties cases and
Reduce costs

Question 6

Must you include the sum of money of likely judgment for interim payment application

Question 7

Should the parties agree a bundle for mediation and When by

Answer 7

Yes they should submit agreed bundle Atleast 7 days before

Question 8

Is there a confidentiality clause for mediation and if so can it be waived

Answer 8

Yes there is one, it can only be waived by all parties but the court may permit evidence of confidential communication if in interests of justice

Question 9

If you get a different expert do you have to tell D and what if old expert re disclosure

Answer 9

Don’t have to tell D but will likely have to disclose a doc done by old expert as prevents shopping

Question 10

The overriding objective requires cases to be dealt with justly and at a proportionate cost

Proportionate to what

Answer 10

• amount of money involved
• complexity
• importance
• financial positions of each party

Question 11

Do you need to file exhibits when applying for specific disclosure

Answer 11

No, only if court directs

Question 12

What court do you go to for enforcement… give values

Answer 12

Below 600= county court
600-5000= either
5000+ = high court

Question 13

What may the court do if proceedings are in process and one of the parties dies

Answer 13

May carry on in absence of personal representative or

A person to be appointed to represent estate

Question 14

What happens questions put to expert are not answered

Answer 14

May make one of or both of the following orders

A) the party may not rely on the evidence of that expert or

B) party may not be able to recover fees and expenses of expert from other parties

Question 15

When should a respondents notice be filed and in what time frame

Answer 15

Only need to file if want court to uphold on different grounds to what appelllant is using and

Should file within 14 days of receiving notification that permission to appeal was accepted

Question 16

Is the information given by part 18 request limited in who can access it

Answer 16

Yes can only be used for purpose of proceedings in which it is given

Question 17

What must the respondent to part 18 request do

Answer 17

File response and serve on all parties

Question 18

If preliminary part 18 request is ignored , does applicant need to serve notice

Answer 18

No aslong as Atleast 14 days have passed since request

Question 19

If a doc is required to be filed and served for part 23 when should it be done so

Answer 19

By 4pm Atleast 2 days before hearing

Question 20

How long of a hearing can be done remotely

Answer 20

2 hours or less

Question 21

If making application to cross examine witness for hearsay evidence when must application be made

Answer 21

Within 14 days of notice to admit hearsay evidence

Question 22

When must given notice to use Hearssaybib plans and photos etc

Answer 22

Atleast 21 days before trial

Question 23

Who can apply to have judgment set aside

Answer 23

Party and non parties adversely affected

Question 24

What if errors in judgment

Answer 24

Can apply at any time to have corrected

Question 25

When should statements of costs be filed and served

Answer 25

Fast track = not less than 2 days before

Other hearings = not less than 24 hours before

Question 26

A judgment creditor can Apply for debtor to attend court to give info on

Answer 26

• means and
• other matters required to enforce judgment

Question 27

What will order in relation to info from judgment debtor contain

Answer 27

Penal notice saying may be fined , imprisonment or lose assets

Question 28

How much notice does judgment debtor get to attend court

Answer 28

14 days

Question 29

When will there be access to online money claim

Answer 29

Less than 100 k and
Not more than 2 defendants

Question 30

When can a petition for bankruptcy be done

Answer 30

If individual owes 750 plus

Question 31

Is there order for disclosure and or witness statements in fast track

Answer 31

No parties are required to exchange everything 14 days before hearing

Question 32

What is the budget format

Answer 32

Must be in form of precedent H

If parties costs are below 25 grand or
Value on claim form is below 50,000 then

Must Only use page 1

Question 33

When does order for disclosure usually occur

Answer 33

After defence and before witness statements filed

Question 34

Who pays costs of non party disclosure

Answer 34

Applicant