Applied Legal Knowledge – Civil Practice – Seminar 9

Pre-seminar MCQs: Answers

ALK Seminar 9 MCQ Quiz: Answers

This quiz is intended to assist you in consolidating your understanding of the letter of claim, claim
form and particulars of claim following the lectures, and to give you some further practice at
answering MCQs ahead of the final assessment.

1. Which of the following statements about the letter of claim is incorrect?

A. The letter of claim is sent by the Claimant to the Defendant as part of the relevant pre-action protocol.

B. This
The letter of claim must take a set form, prescribed by CPR Rule 16 and Practice Direction 16.
Phot
o
Feedback: The
by
second option is incorrect. The letter of claim does not need to take a prescribed form,
but
Unk the relevant pre-action protocol (or the Practice Direction on Pre-Action Conduct and Protocols, if
now
there is no relevant pre-action protocol) will set out what this letter should contain. Note that CPR Rule
n
16Autand PD 16 are not relevant to the letter of claim – these set out what the claim form and particulars
ofhor
claim need to contain. Have a look at CPR Rule 16 and PD 16 now to see what is covered by these
is
provisions.
licen
sed
C. The
undletter of claim must set out concise details of the claim, including the basis on which the claim is
made,
er a summary of the facts, and what the Claimant wants from the Defendant.
CC B
Y-N
D. C letter of claim is sent before proceedings are formally commenced at court.
This

2. Which of the following statements is incorrect?

A. The Claimant or their representative will need to complete the Claim Form and Particulars of Claim.

B. There is no set form that the Particulars of Claim must take, but CPR Part 16 contains a number of
requirements for what it must contain.

C. The Particulars of Claim does not always need to be submitted at the same time as the claim form.

D. The Claimant or their representative will need to send the claim form and particulars of claim to
This
the
PhotDefendant to commence the claim.
o
by
Feedback: It
Unk is the Claimant (or their representative) who needs to complete the Claim Form and
Particulars
now of Claim. The Claim Form to be completed is Form N1. While there is no set form that
n Particulars of Claim must take, it is correct that CPR Part 16 (and PD 16) contains a number
the
Aut
ofhor
requirements setting out what it needs to contain. The Particulars of Claim can be submitted
atisthe same time as the claim form, or up to 14 days afterwards. Both of these documents will
licen to be sent to the court (not the Defendant), together with the court fee, in order to
need
sed
formally
und commence the claim.
er
CC B
Y-N
C
 Applied Legal Knowledge – Civil Practice – Seminar 9
Pre-seminar MCQs: Answers

3. Which of the following statements is correct?

A. The letter of claim should be sent to the Defendant. The Claim Form and Particulars of Claim should be
sent to the court. The claim will formally commence at the point at which the Defendant receives the
letter of claim.

B. This
The letter of claim should be sent to the Defendant before the claim is commenced. The Claim
Form
Phot and Particulars of Claim should be sent to the court. The claim will formally commence at the
o
point at which the Claim Form and Particulars of Claim are received by the court, and the court issues
by
the
Unkclaim.
now
Feedback: The
n correct answer is option B. Make sure you are clear on the difference between the letter
ofAut
claim, the Claim Form and the Particulars of Claim. If you are unsure about this, look back at your
hor
notes
is from lecture 7.
licen
C. The
sedletter of claim should be sent to the court alongside the Claim Form and Particulars of Claim in
und to commence the claim. The claim will formally commence at the point at which these
order
er
documents
CC B
are received by the court, and the court issues the claim.
Y-N
C
D. The letter of claim should be sent to the Defendant alongside the Claim Form and Particulars of Claim in
order to commence the claim. The claim will formally commence at the point at which the Defendant
receives these documents.