Question 51

Mavis was involved in a road traffic collision when the car she was driving was hit by a van. She
sustained a serious whiplash injury. Inquiries have shown that the driver of the vehicle was Desmond.
The estimated value of her claim is £24,000. Desmond admitted in his response to the letter of claim
that he was driving negligently and that the collision caused some damage to Mavis. Mavis then issued
a claim form with particulars of claim attached, and served them on Desmond. Desmond has
acknowledged service stating an intention to defend.

Which one of the following is the best advice to give to Mavis?

Select one:
A. Request default judgment against Desmond.
B. Apply for default judgment against Desmond.
C. Apply for summary judgment against Desmond for damages to be assessed.
D. Apply for final summary judgment against Desmond with standard basis costs to be assessed.
Question 52

Stefan has begun to build a conservatory in his back garden. Abigail’s garden is adjacent to the
building site. On Wednesday evening she comes home to find that Stefan’s building contractors have
removed her fence and begun to erect foundations approximately one foot over the shared boundary.
Abigail wishes to obtain an interim injunction preventing any more building work taking place, and
ordering Stefan to remove the foundations that have already been laid. You have been asked to advise
Abigail on the principles governing the application in respect of removal of the foundations.
Which ONE of the following statements is CORRECT?
Select one:
A. The court must feel a ‘high degree of assurance’ that Abigail will succeed at trial before it can grant the
interim mandatory injunction.
B. The court must consider whether it feels a ‘high degree of assurance’ that Abigail will succeed at trial, but
may grant the mandatory injunction even where it is unable to feel that high degree of assurance if the risk of
injustice to Abigail (if the application is refused) outweighs the risk of injustice to Stefan (if the application is
granted).
C. The court cannot grant Abigail the interim mandatory injunction, because it cannot force Stefan to do a
particular act prior to trial.
D. The court must be satisfied on the balance of probabilities that Abigail will succeed at trial before it can
grant an interim mandatory injunction.
Question 53

C&P Ltd alleges that DMK plc breached a contract 2 years ago, and is claiming damages for breach of
contract. 6 months ago DMK plc served a Part 36 offer in the usual form on solicitors acting for C&P
Ltd in the sum of £350,000. After taking instructions from C&P Ltd, the solicitors for C&P Ltd wrote
back to the solicitors for DMK plc rejecting the offer, and making a counter-offer to settle the claim at
£500,000. The counter-offer was ignored by DMK plc.

Are C&P Ltd allowed to accept the £350,000 today?

Select one:
A. No, because C&P Ltd rejected that offer.
B. No, because it is more than 21 days since that offer was served.
C. Yes, by serving written notice of acceptance.
D. Yes, but only if the court gives permission, because it is more than 21 days since that offer was served.
Question 54

Naomi is suing Darren for failing to repair her central heating properly. Darren carried out the work last
year. She has filed and served her claim form and particulars of claim and he has filed his defence. The
directions questionnaires have not yet been filed. Naomi’s particulars of claim were drafted by her
solicitor. You have been asked to advise on whether Naomi can expect to recover unusually high self-
employed earnings that she says she lost as a result. On reading the papers you see that the claim has
been pleaded in negligence only, but in your view it should have been pleaded principally in contract,
with negligence in the alternative as a fall-back. Consequently, Naomi now wishes to amend her
particulars of claim to add a claim for breach of contract.

Which ONE of the following statements is CORRECT?

Select one:
A. Naomi can amend her particulars of claim, but only with the Court’s permission to do so.
B. Naomi can amend her particulars of claim if Darren gives his consent in writing, but otherwise will need the
Court’s permission to do so.
C. Naomi cannot amend her particulars of claim as it has been served. She will have to decide whether to
continue with the claim as it stands or discontinue the claim and start fresh proceedings which are properly
pleaded.
D. Naomi is free to amend her particulars of claim. She does not need permission from the Court or consent
from Darren.

Feedback

ANSWER [B]. [A] Wrong. After a statement of case has been served, a party may amend it only with the
written consent of all other parties or with the permission of the Court (CPR r. 17.1). This answer does not take
account of the possibility of getting Darren’s consent. [B] Correct. After a statement of case has been served, a
party may amend it only with the written consent of all other parties or with the permission of the Court (CPR r.
17.1). [C] Wrong. After a statement of case has been served, a party may amend it only with the written
consent of all other parties or with the permission of the Court (CPR r. 17.1). By excluding the possibility of
amendment altogether, this answer is wrong. [D] Wrong. After a statement of case has been served, a party
may amend it only with the written consent of all other parties or with the permission of the Court (CPR r. 17.1).
By suggesting that no permission or consent is needed, the answer is wrong. [WB r. 17.1(2)]
The correct answer is: Naomi can amend her particulars of claim if Darren gives his consent in writing, but
otherwise will need the Court’s permission to do so.
Question 55
Which of the following statements numbered (i) to (iv) about directions in fast track claims is/are
WRONG?
(i) There should usually be no more than 30 weeks between directions and trial.
(ii) There should be sequential exchange of witness statements from all witnesses of fact.
(iii) Expert evidence should be by a single joint expert.
(iv) The court will set a timetable for the steps between making directions and the trial.
Select ONE of the following:
Select one:
A. (i) and (iv) only.
B. (ii) only.
C. (ii) and (iii) only.
D. (iv) only.
Question 56

What is the extent of the powers of an appeal court in relation to civil appeals?

Select one:
A. Appeal court powers are closely defined by the Civil Procedure Rules, and an appeal court must not
exceed those defined powers.
B. Appeal courts can affirm, set aside or vary orders made by the lower court, and if this is in the interests of
justice, can overturn a decision and refer the case back to the lower court.
C. Appeal courts have all the powers of the lower court, as well as powers to decide what to do to the
decision of the lower court.
D. Appeal courts can extend the time for appealing, grant stays of execution on the lower court's judgment,
admit fresh evidence, and determine whether to grant permission to appeal.

Feedback

Answer: [C] This fits best with CPR, r. 52.20.

The correct answer is: Appeal courts have all the powers of the lower court, as well as powers to decide what
to do to the decision of the lower court.
Question 57

Emily has brought a County Court claim against Parvan, her building contractor, and Rachel, her
architect, in respect of problems that have come to light with an extension to her home. The claim is
stated to have a value of £20,000. You have been instructed to advise Parvan. A holding defence was
filed by Parvan 3 months ago. Your instructing solicitors take the view that the main problems were
caused by poor workmanship by Graham, the carpenter employed by Parvan to construct the roof
timbers for the extension, although part of the blame may attach to Rachel for failing to supervise the
carpentry work. Which of the following statements numbered (i) to (iv) is/are WRONG?
(i) Parvan may issue a Part 20 claim against Graham without permission.
(ii) Parvan may serve a contribution notice on Rachel.
(iii) The court will strike out any Part 20 proceedings brought by Parvan on the ground that any
Part 20 claims would overly complicate the claim.
(iv) A Part 20 claim brought by Parvan can include relief for a related remedy.

Select ONE of the following:

Select one:
A. (i) and (iii) only.
B. (i) and (iv) only
C. (ii) and (iii) only
D. (iv) only.
Question 58

When is the first time a judgment debtor knows that enforcement is to be effected by a warrant of
control?

Select one:
A. When judgment is entered.
B. When the enforcement agent writes to the judgment debtor.
C. When the judgment debtor is served with the notice of application.
D. When the enforcement agent seeks entry to the judgment debtor’s premises.
Question 59

You have been asked to advise about the relative importance of the factors that the court should
consider on an application to set aside a default judgment.

Which ONE of the following statements is CORRECT?

Select one:
A. The most important factor is the length of time between the expiry of the time limited by the rules for
responding to the claim and the defendant’s application to set aside the default judgment.
B. The most important factor is whether the defendant has a defence with a real prospect of success.
C. The most important factor is the seriousness and significance of the defendant’s default.
D. The most important factor is the explanation advanced by the defendant for allowing the judgment to be
entered in default.

Feedback

ANSWER: [B]. Each of the answers raises a principle or factor that the court should consider when deciding
whether to set aside a default judgment (see CPR r 13.3 and the notes in WB Vol 1 paras 13.3-1 - 13.3.3,
3.9.3 and APA Civil Procedure para 13.33-13.34). It is clear, however, that the most important factor is
whether there is a defence with a real prospect of success (Thorn plc v MacDonald [1999] CPLR 660).

The correct answer is: The most important factor is whether the defendant has a defence with a real prospect
of success.
Question 60

In proceedings between Sturdy Construction plc and Dependable Contractors Ltd a direction was
made granting Sturdy Construction plc permission to call an engineering expert at the trial. Both sides
are acting through solicitors. Michael is the expert retained by Sturdy Construction plc.
Which one of the following is a technical formality that must be complied with when Michael writes up
his report?
Select one:
A. The report must be addressed to the solicitors acting for Sturdy Construction plc.
B. The report must contain a summary of the conclusions reached.
C. The report must contain a statement of truth in the form: "I believe the contents of this report are true."
D. The report must append copies of all written instructions sent to the expert by the solicitors acting for
Sturdy Construction plc.

Feedback

Answer: [B] Expert reports must be addressed to the court. The statement of truth needs to follow the form in
PD 35, para 3.3, which is 4 lines long, not this short version which is made up (but loosely based on the
statement of truth used for witness statements). While expert reports must contain a statement setting out the
substance of the expert's instructions, there is no requirement to append them (and doing so would not be
consistent with CPR, r. 35.10(4) and PD 35, para 5). There are about 10 formalities for experts' reports (see
APA para 35.35). One is a requirement to contain a summary of the conclusions reached (PD 35, para 3.2(7)),
which is answer [B].

The correct answer is: The report must contain a summary of the conclusions reached.
Question 61

Gerald Lloyd has obtained judgment including interest against Dennis Watkins for £27,750 and costs.
Dennis Watkins works as a head chef in a top London restaurant run by Chesterfield Ltd, earning
£60,000 per annum. He also owns 15% of the shares in Chesterfield Ltd which are valued at £250,000.
Dennis Watkins lives in rented accommodation in London, which he shares with two sous-chefs. Each
of the three pays £800 per month rent. Dennis is buying a town house in Portsmouth for £195,000, on
which there is currently a mortgage of £95,000. His passion is yachting and he owns his own yacht.

Which one of the following is the best advice to give to Gerald Lloyd on enforcing this judgment?

Select one:
A. Only one method of enforcement is possible at one time, and Gerald Lloyd is best advised to apply for an
attachment of earnings order.
B. Gerald Lloyd should request a warrant of control against Dennis’s yacht.
C. It is not possible to take a charging order against Dennis’s Portsmouth property as there is already a
mortgage on it.
D. Gerald Lloyd is best advised to apply for a charging order or stop order against Dennis’s shares in
Chesterfield Ltd.

Feedback

ANSWER: [D] [A] It is possible to use more than one method of enforcement at one time. There are some
restrictions, such as the need for permission if a judgment creditor wants to issue a warrant of control while an
attachment of earnings order is in force, see Attachment of Earnings Act 1971, s 8(2)(b) and APA Civil
Procedure, para 48.31. [B] It would have to be a WRIT of control (APA Civil Procedure, para 48.07) because
the judgment debt exceeds £5,000, so needs to be transferred to the High Court if the claim is currently in the
County Court (APA Civil Procedure, para 48.02, sub-para (a)(i)). [C] It is possible to have more than one
charge on a property. Charging orders often rank second after the main mortgage taken out when the property
was first purchased. [D] Charging orders (and stop orders) can be made against shares, see Charging Orders
Act 1979, s 2(2); APA Civil Procedure para 48.33. A stop order requires the company in which the shares are
held to notify the judgment creditor at least 14 days before registering any transfer of the shares or payment of
any dividend. This is to give the judgment creditor time to apply to the court for an injunction to prevent the
transfer being registered (or dividend being paid).

The correct answer is: Gerald Lloyd is best advised to apply for a charging order or stop order against Dennis’s
shares in Chesterfield Ltd.
Question 62

A County Court Circuit Judge gives final judgment in the sum of £18,000 in a claim allocated to the fast
track based on an alleged breach of contract. You have been asked to advise the defendant on where
an appeal should be brought.

Which ONE of the following is CORRECT?

Select one:
A. A High Court judge in public.
B. A High Court judge sitting in private.
C. The Court of Appeal with permission.
D. The Court of Appeal without permission.
Question 63

Brian has issued a claim against Anne seeking damages for breach of a term that electric light bulbs to
be supplied by Anne would have a minimum working life of 1,500 hours. He alleges in the particulars of
claim that the contract was made orally but was evidenced in writing in a letter dated 17 September last
year which was sent to Anne on the day after the oral discussion. A copy of the letter is attached to the
particulars of claim. After Anne acknowledged service, Brian issued an application for summary
judgment. In his written evidence in support Brian says that all the subsequent correspondence until
the alleged breach was about delivery times and packaging, and he exhibits the relevant
correspondence. In her written evidence on the application, Anne denies the contractual term relied
upon by Brian, but agrees that all the relevant correspondence has been exhibited by Brian. She says
the letter of 17 September was only part of the negotiations, and although a draft of the term relied
upon by Brian is in the letter of 17 September, there was a telephone conversation between her and
Brian on 19 September where she says she and Brian agreed that the term on the working life of the
bulbs would be removed. In his written evidence in reply Brian exhibits the pre-action correspondence.
In her main letter in response to the letter before claim Anne denied liability on the basis that she was
not in breach. She did not say the term on the working life of the bulbs was not a term of the contract.
Which ONE of the following statements is CORRECT?

Select one:
A. The court is most likely to adjourn the summary judgment application with directions for the cross-
examination of Brian and Anne.
B. The court is most likely to dismiss the summary judgment application.
C. The court is most likely to make a conditional order.
D. The court is most likely to enter judgment for Brian.
Question 64

Which of the following statements about depositions is/are CORRECT?

(i) Depositions are only admissible at trial.
(ii) A deposition from a particular witness is only admissible if an order is first obtained for that
witness to be examined on oath for the purpose of obtaining a deposition.
(iii) The witness who is to give a deposition must first be offered or paid money to cover their
travelling expenses and loss of time.
(iv) The examiner must send copies of the deposition when it is complete to all the parties.

Select ONE of the following:

Select one:
A. All of them.
B. (i) and (ii) only.
C. (i) and (iv) only.
D. (iii) only.
Question 65

Directions are being made in a fast track claim in the County Court. Which one of the following is the
least likely direction to be made by the District Judge?

Select one:
A. There should be sequential exchange of witness statements from all witnesses of fact.
B. Expert evidence should be by a single joint expert.
C. Each party to disclose documents by standard disclosure.
D. There the trial be listed for a date no more than 30 weeks after directions.
Question 66

The judge is applying the American Cyanamid guidelines on an application for an interim injunction,
and applying the guidelines in the usual sequence. The judge decides that the applicant will not be
adequately compensated by an award of damages.

Which ONE of the following CORRECTLY states the next question the judge has to decide?
Select one:
A. Whether the applicant has a case that raises a serious question to be tried.
B. Whether the balance of convenience favours granting the injunction.
C. Whether the respondent will be adequately protected by the undertaking in damages.
D. Whether it is just and convenient to grant the injunction.
Question 67

You have been asked to advise about Part 8 claims. Which of the following statements numbered (i) to
(iv) is/are CORRECT?
(i) A Part 8 Claim is most appropriate for cases where there is a substantial dispute of fact.
(ii) Special rules relating to service apply to Part 8 claims and these are set out in a special
Practice Direction.
(iii) Evidence the Claimant relies upon in a Part 8 Claim must be filed within 14 days of service of
the claim form.
(iv) Part 8 Claims are treated as allocated to the Fast Track.

Select ONE of the following:

Select one:
A. None of them.
B. (i) only.
C. (ii) only.
D. (iii) and (iv) only.
Question 68

Julian has brought a claim against Maxine for £55,000. Maxine has served her costs budget on Julian,
but no costs budget has been received from Julian. You are appearing for Maxine at the first case
management conference, which is listed for hearing in 4 days' time.
Which ONE of the following is WRONG?

Select one:
A. If he has solicitors acting for him, Julian should have served his costs budget 7 days before the case
management conference.
B. If Julian has solicitors acting for him, Maxine should send them a letter at least 3 days before the case
management conference warning that sanctions will be sought if they do not serve a costs budget on Julian's
behalf in advance of the hearing.
C. If he has solicitors acting for him, Julian will usually be treated as having filed a costs budget limited to any
applicable court fees.
D. If Julian is a litigant in person he is not under any obligation to file or serve a costs budget.
Question 69

Two years ago Kevin brought a claim in the County Court against Heather seeking damages for
negligence estimated at £35,000 arising out of an accident four years ago. 386 days ago Kevin served
Heather with a Part 36 offer to settle in the sum of £27,000. At trial today the judge awarded Kevin
£32,000 plus interest. After hearing full arguments on the costs and other consequences of the effect
of the judgment and the offer to settle the judge decided to make the usual costs order provided by the
Civil Procedure Rules.

Which one of the following best describes the costs order made by the court in this case?
Select one:
A. Heather to pay all of Kevin's costs on the standard basis.
B. Heather to pay all of Kevin's costs on the indemnity basis.
C. Heather to pay Kevin's costs on the standard basis up to a year ago, and Kevin to pay Heather's standard
basis costs thereafter.
D. Heather to pay Kevin's costs on the standard basis up to a year ago, and to pay Kevin's indemnity basis
costs thereafter.

Feedback

Answer: [D] Kevin has made a successful Part 36 offer because he has obtained judgment for a sum at least
as advantageous as his offer (CPR, r. 36.17(1)(b)). The usual costs rule is that costs follow the event (r.
44.2(2)), so Kevin will be awarded his standard basis costs up to the end of the relevant period after his Part
36 offer, but because his claimant's Part 36 offer was successful, the usual rule is that thereafter he will be
awarded his costs on the indemnity basis (r. 36.17(4)(b)). 386 days is one year (365 days) plus the 21 day
minimum relevant period (r. 36.3(g)).

The correct answer is: Heather to pay Kevin's costs on the standard basis up to a year ago, and to pay Kevin's
indemnity basis costs thereafter.
Question 70

In July 2015 a fire swept through a recently constructed Eezy Shop superstore, causing millions of
pounds worth of damage both as a result of the fire itself and as a result of water damage from the
hoses used by the fire brigade. Early investigations suggest that there might be a variety of causes: a
possible failure of the fire doors installed by Fire Doors Ltd, faulty working of the sprinkler system by
Sprinkler Installation Ltd, a problem with the nature of the fire stops in the roof installed by Roof
Precautions Limited, and possibly defective wiring by Electrical Services Ltd.

Which ONE of the following statements is WRONG?

Select one:
A. Eezy Shop can use one claim form to bring claims against a number of different defendants, with a number
of different causes of action.
B. The court can exercise its case management powers to order trials of separate issues, if separate
proceedings would be likely to proceed more quickly and efficiently.
C. Eezy Shop can join the architects in order to obtain disclosure against them, even if Eezy Shop does not
consider it has a cause of action against the architects.
D. If Eezy Shop starts the claim against two defendants, but new evidence comes to light to support a claim
against a third defendant, Eezy Shop must seek permission to add the new party.

Feedback

ANSWER: [C]. Answer [A] is a correct statement. A single claim form can be used to join any number of parties
(CPR, r 19.1, and APA Civil Procedure para 19.51), and any causes of action which can be conveniently
disposed of in the same proceedings (r 7.3 and APA Civil Procedure para 19.50). Answer [B] is a correct
statement. There is a list of case management powers in CPR r 3.1(2), one of which is to order separate trials
of issues (para (i)). Answer [C] is the incorrect statement. The rules on joinder are for the purpose of ensuring
parties in whom causes of action are vested, or against whom causes of action are alleged, are brought before
the court. They are not for the purpose of seeking disclosure against persons who are not alleged to be liable
on the causes of action (Douihech v Findlay [1990] 1 WLR 269, APA Civil Procedure para 19.52). Answer [D]
is a correct statement. If a third defendant is to be joined, the claim form (and particulars of claim etc) will need
to be amended. Permission is required to add a new party once the claim form has been served (r 19.4(1) and
APA Civil Procedure para 22.18 – 22.21).

The correct answer is: Eezy Shop can join the architects in order to obtain disclosure against them, even if
Eezy Shop does not consider it has a cause of action against the architects.
Question 71

Rupert has brought proceedings in the Chancery Division seeking a declaration that he is entitled to
have certain shares in Agricultural Construction Ltd registered in his name. A notice of proposed
allocation provisionally allocated the claim to the multi-track and included the following directions: "1
The claim is stayed [for 28 days] during which period the parties must attempt to settle the case or
narrow the issues. 2 By 4pm on 13 January 2017 the claimant must notify the court in writing of the
outcome of negotiations. 3 By 4 pm on 27 January 2017 the parties must file cost budgets, in default of
which the provisions of CPR, r. 3.14 shall apply." On 26 January 2017 Rupert's solicitor notified the
court that the parties had attempted mediation, but it was unsuccessful. Agricultural Construction Ltd
filed its costs budget on 26 January 2017. Rupert's solicitors filed his costs budget at 4.45 pm on 27
January 2017. On 13 February 2017 the Master made an order under CPR r. 3.14 restricting Rupert to
his court fees. On 20 February 2017 Rupert's solicitors applied for relief from sanctions. The evidence
in support does not explain why the costs budget was filed late, and asks for relief on the ground the
breach was trivial.
Which one of the following best describes how the court at the hearing of Rupert's application for relief
from sanctions should deal with the fact Rupert has breached both paragraphs 2 and 3 of the
directions?

Select one:
A. At the first stage the court should concentrate only on the breach relating to Rupert's costs budget. The
seriousness of that breach, and the breach of the notification order, are considered at stage 3.
B. At the first stage the court should concentrate only on the breach relating to Rupert's costs budget. The
seriousness of the notification order breach is the only breach considered at stage 3.
C. The only breach that should be taken into account is the breach relating to Rupert's costs budget.
D. The breach of the notification order makes the breach relating to Rupert's costs budget more serious than
it would have been if there had not been this second breach.

3.
Question 72

Julia has brought proceedings claiming damages based on the need to repair and redecorate her
second floor flat which was damaged by water entering her flat from a higher level. Donald is the first
defendant, and is the tenant of the third floor flat. Building Management plc is the second defendant,
and is the management company that repairs the external and common parts of the building. In
correspondence Donald argued that the flood came from a pipe that was the responsibility of Building
Management plc. For their part, in correspondence Building Management plc alleged the relevant pipe
was Donald's responsibility. At trial today Julia has won against Donald, and the claim against Building
Management plc has been dismissed. You act for Julia, and need to address the judge on costs.

Which ONE of the following is CORRECT?

Select one:
A. You should invite the judge to make an order for Donald to pay the costs Julia has incurred in bringing the
claim against Donald.
B. You should invite the judge to make a Bullock order.
C. The judge has no power to make a Sanderson order in these circumstances.
D. The judge has no power to make Donald pay Julia her costs of bringing her claim against Building
Management plc in these circumstances.
Question 73

Lorraine has brought county court proceedings against Quality Retail Ltd (“QRL”) claiming damages
for personal injuries sustained when she slipped on some squashed fruit on the floor of QRL’s
supermarket in Liverpool. In its Defence QRL has alleged that it had taken all reasonable steps to
ensure that slipping hazards were reported and had a member of staff on permanent duty to clear them
up. A Notice to Admit Facts was served four months ago on QRL asking it to admit that it had an
inadequate system for reporting and clearing up slipping hazards. QRL acknowledged receipt of the
Notice, but no substantive response has been made.

Which one of the following is the CORRECT advice you should give to QRL on the consequences of
failing to respond further to the Notice?

Select one:
A. That it will be deemed to admit that it had an inadequate system for reporting and clearing up slipping
hazards.
B. That there are unlikely to be any adverse consequences, because the Notice seeks to obtain an admission
of a central part of QRL’s case.
C. That the burden of proving it had an adequate system of reporting and clearing up slipping hazards will
have shifted to QRL because it failed to respond to the Notice.
D. That QRL are likely to be ordered to pay all Lorraine’s costs of the proceedings regardless of the overall
result at trial.
Question 74

Alan is about to issue a Part 8 claim against Donald. You have been asked to advise when Alan must
serve his written evidence on Donald.

Which ONE of the following is CORRECT?

Select one:
A. At the same time as the Part 8 claim form is served on Donald.
B. Within 14 days of Donald filing his acknowledgment of service.
C. At least 14 days before the day fixed for the first case management hearing.
D. At least 14 days before the day fixed for the trial.
Question 75

Stephen brought a County Court claim for damages for breach of contract against Martha 7 months
ago. Martha filed a defence 3 months ago. You have been briefed to appear for Martha on a case
management conference, which is listed for hearing in 14 days' time. You have come to the conclusion
it would be in Martha's best interests to issue an additional claim form against David seeking a
contribution or an indemnity.

Which one of the following best describes the way the District Judge is likely to deal with an
application for permission to issue the additional claim?

Select one:
A. By applying the overriding objective, and granting permission if permitting the additional claim will promote
dealing with the claim justly and at proportionate cost.
B. By considering all the circumstances of the case in order to deal justly with the application.
C. By considering whether issuing the additional claim is desirable so that the court can resolve all issues
between the parties.
D. By considering the connection between the claim and the additional claim and whether the additional claim
is seeking substantially the same remedy as the claim.
Question 76

Which ONE of the following statements is CORRECT?

Select one:
A. Only a Claimant may serve a request for further information.
B. Only a Defendant may serve a request for further information.
C. A party may serve a request for further information, or the Court may order further information to be given
without a party making such a request.
D. The Court may only order further information to be given where a party has served a request for further
information.
Question 77

You act for the claimant in a County Court road traffic accident claim for damages for negligence. You
wish to rely on a criminal conviction for driving without due care and attention in support of your case
against the defendant.

Which one of the following best describes the circumstances in which you might be allowed to rely on
the conviction?

Select one:
A. Where the conviction is relevant to an issue in the case.
B. Where the conviction has been pleaded in the particulars of claim.
C. Where the conviction is relevant to an issue in the case and has been pleaded in the particulars of claim.
D. Where the conviction is a subsisting one from a court in the United Kingdom.
Question 78

Rachel is the owner of Maple Farm. The neighbouring farm is owned by Jennifer, and includes a track
which at one end leads onto Maple Farm, and the other ends opens on the A10976, a main road to
London. The only other access route to Maple Farm is along a very narrow country lane which is not
passable by a vehicle larger than a small van. For many years there has been a dispute between
Rachel and Jennifer over whether Rachel has a right of way over the track. For almost all that time the
dispute has been little more than occasional exchanges of words. After a long battle with the local
authority, Rachel has permission to construct a large barn to replace one that has fallen into disrepair
at Maple Farm. The prefabricated walls for the new barn are due to be delivered on Thursday. These
are extremely large, and can only be brought onto Maple Farm along the track on Jennifer's land. The
walls were manufactured in Poland, and have been in transit since Monday this week. On Tuesday
Jennifer padlocked shut the substantial steel farm gate which has been in place at the A10976 end of
the track for some years. This gate has never been padlocked before, but Jennifer has shut it several
times over the years, usually after arguments with Rachel. It is now Wednesday. Rachel has contacted
the haulage company who have said their lorries and drivers have to complete the delivery on
Thursday, because they are booked on a ferry for the return journey, and the company cannot have the
drivers delayed because it is already an exceptionally long trip, and they need to get home. The
director of the haulage company made it clear that if access is denied he will tell the drivers to turn
around and bring the loads back to Poland. Rachel has today issued an application for an interim
injunction to stop the gate being padlocked, which is due to be heard on Thursday.

How will the court approach deciding this application?

Select one:
A. By applying the principles applicable to interim injunctions that finally dispose of the claim.
B. By applying the principles that apply to interim injunctions to enforce negative covenants.
C. By applying the American Cyanamid principles.
D. By applying the principles applicable to mandatory interim injunctions.
Question 79

Which ONE of the following statements about costs in civil proceedings is CORRECT?

Select one:
A. Proportionality trumps reasonableness on an assessment on the standard basis.
B. The overriding objective trumps the rule that costs follow the event in costs orders in fast track claims.
C. Whether costs were necessarily incurred is the key principle in assessing civil costs.
D. On an assessment on the indemnity basis any doubts are resolved in favour of the paying party.
Question 80

You are representing the claimant, who is the applicant in an opposed hearing before the District
Judge. Your opponent is purporting to address the District Judge on the principles laid down in
Mitchell. Which one of the following statements is CORRECT given the decision in Denton?

Select one:
a. An order can be made in favour of the claimant only if the breach was trivial.

b. The application for relief can only be granted if there has been a mistake, misrepresentation or a material
change in circumstances.
c. Any application to vary or revoke the previous order must be determined before the application for relief.
d. The need for litigation to be conducted efficiently and at proportionate cost, and the need to enforce
compliance with rules, practice directions and orders, must be given paramount importance.
Question 81

Assume the defendant in a claim for damages for breach of contract has persuaded the court to set
aside a default judgment in the court’s discretion. The Judge has said that he was only ‘marginally
persuaded’ of the strength of the defence on the merits. You are acting for the claimant. You are about
to address the court on any additional orders that should be made at the same time.

Which ONE of the following is CORRECT?

Select one:
A. You should ask for orders that the defendant must pay money into court to await the final result on the
claim, and that the defendant pays the costs thrown away.
B. You should ask for an order that the defendant must pay money into court to await the final result on the
claim.
C. You should ask for an order that the defendant must pay the costs thrown away.
D. You should ask for an order that the defendant must pay money into court to await the final result on the
claim, and an order that the claimant pays the costs of the application to set aside.
Question 82

Albert, an import/export merchant with no other qualifications, is suing Nicholas for fraudulent
misrepresentation. Nicholas denies making any misrepresentation, but states that any
misrepresentations that may be proved were not fraudulently made. Albert wants to give evidence that,
in hindsight, there were a number of signals which indicated that Nicholas was lying at the material
time: Nicholas appeared nervous, was visibly sweating, had difficulty maintaining eye contact and put
forward contradictory facts during pre-contractual conversations.

Which ONE of the following statements about Albert’s evidence is CORRECT?

Select one:
A. Albert’s opinion on Nicholas’s demeanour is inadmissible as he is not qualified to give expert evidence on
that point.
B. Albert’s opinion on Nicholas’s demeanour is admissible but only with supporting expert evidence on that
point.
C. Albert’s opinion on Nicholas’s demeanour is admissible as relevant evidence of what he perceived, without
the need for expert evidence.
D. Albert’s evidence on Nicholas’s demeanour is inadmissible as it is not relevant to any issue in the claim.
Question 83

Gertrude has brought a County Court claim against Henry which has been allocated to the fast track.
Directions have been made which include the disclosure, which is due shortly, and the exchange of
witness statements next month. It has become clear that Gertrude's witness statements will not be
ready in time. Henry's solicitors have refused consent to an extension of time. Gertrude's solicitor has
applied for an extension of time, which has been listed for 1.5 hours.

Does Gertrude need to provide a draft order?

Select one:
A. No, because draft orders are only required for injunction applications.
B. No, because this is a simple application.
C. Yes, because draft orders are always required on interim applications.
D. Yes, because draft orders are needed for all applications listed for more than an hour.
Question 84

Samantha has issued a claim form in the Technology and Construction Court of the High Court against
Douglas claiming damages for professional negligence alleged to have a value of £17,000. Douglas is a
surveyor who issued a party wall award (an area of construction law) in a dispute between Samantha
and her next door neighbour, Gail. In pre-action correspondence Douglas did not dispute he was
negligent or quantum, but denied liability on the basis that he has immunity from suit because he was
an expert exercising a quasi-judicial function.

Which one of the following is the best advice to give to Douglas about the venue of this claim?

Select one:
A. Samantha was only entitled to bring the claim in the County Court on account of its financial value.
B. As the main issue in the proceedings is a question of law Samantha had a completely free choice of
bringing the proceedings in either the High Court or the County Court.
C. As the proceedings involve construction law Samantha was correct to bring this claim in the Technology
and Construction Court.
D. In this case the choice of the appropriate court depended on its financial value, complexity and its
importance to the public, so it is arguable that Samantha has started it in the most suitable court.
Question 85

Benjamin has brought a claim for damages for professional negligence against Howard, a dentist.
Damages are said to be in the region of £75,000. After serving the claim form Benjamin made a Part 36
offer to settle in the sum of £50,000. At trial today the judge has awarded Benjamin £60,000 in damages
and £5,000 in interest. Assume there are no factors to cause the judge to depart from the usual
position.

Which ONE of the following is CORRECT?

Select one:
A. The judge should award Benjamin his standard basis costs from the end of the relevant period through to
trial.
B. The judge should award Benjamin his costs on the indemnity basis for the whole of the proceedings.
C. The judge should award Benjamin an additional sum of £6,000 on his damages.
D. The judge should award Benjamin additional interest on his judgment in the sum of £500.
Question 86

Alan has brought a High Court claim seeking damages for breach of contract against Debbie. The
value of the claim is stated to be £300,000. Both sides have a large number of paper and electronic
documents that are potentially relevant to the claim. You are representing Debbie at a case
management conference. The master is addressing the question of disclosure of documents, and a
number of suggestions have been made by the parties in accordance with the specific types of order
included in CPR, Part 31. The master has indicated that he is concerned about the cost of disclosure.
Which one of the following is the most likely order that the master will make so that disclosure is given
in a proportionate manner?

Select one:
A. An order for standard disclosure.
B. An order for paper documents to be followed by disclosure of electronic documents.
C. An order that each party discloses any documents which it is reasonable to suppose will enable a party to
advance its own case or damage that of another party, or which leads to a train of enquiry having those effects.
D. An order that each party disclose documents it relies upon and at the same time request any specific
disclosure it requires from another party.
Question 87

Your client has obtained a County Court judgment for £42,000 against a judgment debtor. You have
advised them to seek an order to obtain information against the judgment debtor.
Which one of the following is the best advice to give to your client on the procedure that should be
followed?

Select one:
A. Your client needs to file a request, which will be dealt with administratively by the court staff.
B. Your client needs to file a request, which will be considered by a District Judge on the papers without a
hearing.
C. Your client needs to issue an application notice, which is made without notice and will be dealt with by a
court officer without a hearing.
D. Your client needs to issue an application notice, which will be considered by a District judge at a hearing
on notice to the judgment debtor.
Question 88

You have been asked when it would be most appropriate for the court to make an order for costs to be
reserved.

Which ONE of the following is CORRECT?

Select one:
A. At the trial of a claim on the fast track.
B. At the trial of a claim on the multi-track where the court grants permission to appeal to the unsuccessful
party.
C. Where the court dismisses a summary judgment application.
D. Where an interim injunction is granted on a without notice application for a short period only, pending a
further hearing on notice.
Question 89

The claimant wishes to appeal against the decision of the Enterprise Judge made at trial. The case
concerned a trademark dispute and was issued and tried in the Intellectual Property Enterprise Court
at the Rolls’Building. You have been asked to advise on the appropriate appeal court for the appeal.

Which ONE of the following is CORRECT?

Select one:
A. High Court Judge, Queen’s Bench Division.
B. High Court Judge, Admiralty and Commercial Court.
C. Divisional Court.
D. Court of Appeal.
Question 90

Thelma commenced proceedings in the County Court against Darren, which were allocated to the fast
track. One of the directions made in the claim required Thelma to serve a list of documents by 4 p.m.
on Monday 19 September 2016. Darren’s solicitors, who had been writing to Thelma’s solicitors about
the claim, included a fax number on their firms printed letters. Thelma’s solicitors had never asked
Darren’s solicitors for their consent to service by fax. At 6 p.m. on Friday 16 September 2016, Thelma’s
solicitors sent Thelma’s list of documents to Darren’s solicitors by fax.

Which of the statements numbered (i) to (iv) is/are CORRECT?

(i) Service by fax was permitted because Darren’s solicitors included a fax number on the firms printed letters.
(ii) Service by fax was not permissible because Thelma’s solicitors did not obtain express written consent from
Darren’s solicitors for service by fax.
(iii) Service of the list of documents took effect on Friday 16 September 2016.
(iv) Service of the list of documents took effect on Monday 19September 2016.

Select ONE of the following:

Select one:
A. (i) and (iii) only.
B. (i) and (iv) only.
C. (ii) and (iii) only.
D. (ii) and (iv) only.
Question 91

Siew Leng has brought a claim against Martha. Shortly after the claim was allocated to the multi-track,
Siew Leng sent a written offer (complying with any relevant rules), without prejudice save as to costs,
under which she offered to settle the claim for £100,000. This was rejected by Martha. At trial today,
judgment has been given to Siew Leng with damages assessed at £120,000.

Which ONE of the following is CORRECT?

Select one:
A. As judgment is for more than Siew Leng’s offer, the court has a discretion to award costs on the indemnity
basis and to award additional interest on damages and costs from the expiry of the period for accepting the
offer.
B. The court has a discretion whether to take Siew Leng’s offer into account when considering the question of
costs. It is most likely to exercise that discretion by ordering Martha to pay Siew Leng’s standard basis costs
from the expiry of the period for accepting the offer.
C. The offer is irrelevant to any decision that needs to be made by the court, because the offer was made
without prejudice.
D. The offer shows that Siew Leng has been successful at trial, which means that Martha should be ordered
to pay Siew Leng’s costs of the entire proceedings.
Question 92

County Court proceedings have been started by Jonathan claiming damages for injuries sustained as
a result of an accident at work. A defence has been filed. The value of the claim is £30,000. Allocation
directions have just been received. You have been asked to advise Jonathan.
Which one of the following would give Jonathan a reasonable basis for appealing against the
directions?

Select one:
A. A direction that the parties must attend alternative dispute resolution combined with an adjournment of the
case for 4 weeks to allow for this.
B. A direction that there will be a case management hearing by telephone.
C. Directions dealing with disclosure, inspection and the exchange of experts’ reports, dispensing with pre-
trail checklists, and listing the case for a one day trial in 24 weeks’ time.
D. Directions dealing with listing the case to consider entering summary judgment against Jonathan.
Question 93

You are drafting particulars of claim in proceedings seeking damages for personal injuries.
Which ONE of the following statements is WRONG?
Select one:
A. The particulars of claim must include a statement of truth.
B. The particulars of claim must include a figure estimating the damages for pain, suffering and loss of
amenity.
C. The particulars of claim must include a concise statement of the facts on which the claimant relies.
D. The particulars of claim must include the claimant's date of birth.
Question 94

Derelict Manufacturing SA ("DMS") has brought a High Court claim for £12 million against Industrial
Provident Insurers plc ("IPIP") for the insured sum under a fire insurance policy. The insurance
covered DMS's factory in Birmingham, which was destroyed by fire. IPIP has defended the claim on the
basis of material non-disclosure, failure to adhere to policy conditions, and has disputed a number of
heads of loss. The claim has been listed for a case management conference.

Which one of the following best states the position regarding costs management in this case?

Select one:
A. Costs management applies.
B. Costs management applies unless the court otherwise orders.
C. Costs management does not apply.
D. Costs management does not apply unless the court otherwise orders.
Question 95

Brendon is bringing an appeal in a civil claim to the Court of Appeal. Which of the following numbered
(i) to (iv) is/are CORRECT?
(i) Brendon must file an appellant's notice within 21 days of the decision of the lower court.
(ii) An extension to the period for appealing may be agreed between the parties.
(iii) Brendon may need to include an application for permission to appeal in the appellant's
notice.
(iv) The reasons why the decision of the lower court was wrong or unjust have to be set out in
the grounds of appeal.
Select ONE of the following:
Select one:
A. (i) and (ii) only.
B. (i) and (iii) only.
C. (i) and (iv) only.
D. (ii) and (iv) only.
Question 96

Yvonne has brought a professional negligence claim with a value of £150,000 in the Queen's Bench
Division of the High Court against Spreadsheet Accountants. A defence was filed on behalf of
Spreadsheet Accountants 3 weeks ago. The case has been allocated in accordance with the usual
rules, and a case management conference is listed for 3 weeks' time. You have been instructed to
advise Spreadsheet Accountants in relation to disclosure at this stage of the proceedings. A great deal
of the documentation is in electronic form.

Which ONE of the following is CORRECT?

Select one:
A. Legal representatives acting for both parties should contact each other before the case management
conference and seek to agree disclosure directions in accordance with the standard directions available on the
Ministry of Justice website.
B. Before the case management conference both parties should file and serve disclosure reports and any
electronic disclosure questionnaires, and discuss and seek to agree proposals for disclosure directions.
C. Disclosure directions will be made at the case management conference, when the court will probably make
a standard disclosure order and consider whether the parties should exchange electronic documents
questionnaires.
D. Disclosure directions will be made at the case management conference, when the court will probably use
menu option disclosure, which will include a proportionate approach to the disclosure of electronic documents.
Question 97

Dependable Contractors Ltd has brought High Court proceedings against Sturdy Construction plc for
damages of £2.3 million. A full defence was served by Sturdy Construction plc. Directions include a
requirement on both sides to provide standard disclosure. You have been asked to advise Dependable
Contractors Ltd. Among the papers provided with your Instructions is a draft list of documents
prepared by your Instructing Solicitors. This 3,000 documents, ranging from the contract which runs to
about 100 pages down to single page emails. About half these documents appear on part 2 of the draft
list, and the disclosure statement includes a statement that Dependable Contractors Ltd will not permit
Sturdy Construction plc to inspect these documents in part 2 on the ground that to do so would be
disproportionate to the issues in the case. When you cross refer to the actual documents you realise
that none of these documents are privileged, that many of them are documents you will wish to rely on
at trial, and that others adversely affect Dependable Contractors Ltd's case or support Sturdy
Construction plc's case.
Which one of the following is the best advice to give to Dependable Contractors Ltd about these part 2
documents?

Select one:
A. The list of documents is the wrong place to raise objections about inspection. The objection on the ground
of proportionality should be taken at the inspection stage of disclosure.
B. The list of documents will have to be revised before it is served by moving all these documents to part 1 of
the list. Part 2 of the list is only for privileged documents.
C. The list of documents will have to be revised before it is served by moving the documents relied on by
Dependable Contractors Ltd to part 1 of the list. The adverse documents and those that support Sturdy
Construction plc can stay in part 2.
D. The list of documents can, once it is signed, be served in its present form. Documents relied upon, adverse
documents, and those that support Sturdy Construction plc, can stay in part 2 on the ground that inspection will
be disproportionate.
Question 98

Gordon has applied for summary judgment in his County Court claim against Monique on the basis
that Monique's defence is extremely weak.

Which one of the following best describes how the District Judge should approach the question of the
merits of the defence?

Select one:
A. The District Judge should apply the civil standard of proof of the balance of probabilities.
B. The District Judge must consider whether Monique's defence has no reasonable prospects of success.
C. If Monique's defence is merely arguable, summary judgment should be granted.
D. If Gordon's claim has compelling prospects of success, summary judgment should be granted.
Question 99

Charles wishes to bring a claim for damages for breach of contract against DXG Ltd. You have advised
Charles that damages are likely to be about £96,000, and that accrued interest comes to approximately
£5,000. Your solicitor has estimated Charles' costs to date at £7,000.

Which one of the following is the best advice to give to Charles on where proceedings can or should
be commenced?

Select one:
A. The County Court, because the claim is worth less than £100,000.
B. Charles can choose between the County Court and the High Court, because the claim and interest come
to £101,000.
C. Charles can choose between the County Court and the High Court, because the claim and costs come to
£103,000.
D. Charles can choose between the County Court and the High Court, because the claim, interest and costs
come to £108,000.
Question 100

David, a pedestrian, is called on behalf of Euan at the trial of a negligence claim made by Euan to
recover the cost of repairs to his car, which was involved in a collision with another car. David testifies
that he saw both cars travelling at about 30mph, that the defendant’s vehicle was no more than five
metres behind Euan’s car, and that the defendant failed to stop in time when Euan had to brake
suddenly at a zebra crossing. Although he has been a passenger in cars many times, David has never
held a driver’s licence.

Which ONE of the following is CORRECT?

Select one:
A. David’s evidence is inadmissible evidence of fact, i.e. evidence containing no statements of opinion.
B. David’s evidence is inadmissible because he is not qualified as an expert.
C. David’s evidence is admissible because he is qualified as an expert having travelled as a passenger in a
car many times.
D. David’s evidence is admissible as non-expert opinion evidence.