Civil Litigation and Dispute Resolution – MCQS
Rated A+
1 of 48
Term
On Thursday 1 October, your client issued a claim form in the High
Court against the defendant to the claim claiming £125,000 being the
price of goods sold and delivered. Unfortunately, the parties did not
follow the Practice Direction on Pre-action Conduct. The claim form
and particulars of claim were served together by first class post on
Wednesday 14 October. The defendant has not yet filed any response
to the claim. It is now Monday 2 November. Your client wishes to enter
judgment in default for the sum of £125,000 plus interest.
Which one of the following answers is correct?
Give this one a try later!
Your client may enter judgment in default because at least 14 days have
elapsed since the particulars of claim were deemed to be served.
, Your client may enter judgment in default because at least 14 days have elapsed
since the claim form was issued.
Your client may NOT enter judgment in default because the deadline for filing an
acknowledgment of service has not elapsed.
Your client may NOT enter judgment in default because your client did not write a
letter of claim in accordance with the Practice Direction on Pre-action Conduct.
Don't know?
2 of 48
Term
During her employment as a delivery driver, your client, Sue, was
involved in a road traffic accident with another car. Your client has sued
the driver of the other car, Amir, for personal injuries. Amir, in turn, has
issued a counterclaim against your client claiming damages for
personal injuries that Amir also sustained in the road traffic accident.
Amir wishes to use the same arguments in the counterclaim against
your client’s employer. The employer is vicariously liable for your
client’s actions.
Can Amir add your client’s employer as a party to the proceedings?
Give this one a try later!
, Yes, as the defendant's additional
Yes, as an 'other' additional claim
claim for contribution or indemnity
from another party (CPR 20.6) (CPR 20.7)
Yes, as a counterclaim against a
Yes, as a counterclaim against the
person other than the claimant
claimant (CPR 20.4)
(CPR 20.5)
Don't know?
3 of 48
Term
A claim has been issued for non-payment of goods delivered by the
claimant to the defendant on 8th February. The parties' written contract
stipulates delivery on 1st February. The claimant's Finance Director
made an oral variation to the contract for delivery to be on 8th
February. The draft witness statement of the Managing Director (not
the Finance Director) includes the paragraph: ‘The Finance Director
told me that she spoke to the defendant to change the date of delivery
of the goods from 1st February to 8th February and the defendant
agreed to the change’.
Which of the following statements best describes how the claimant
should deal with / improve upon this evidence?
Give this one a try later!
Retain the paragraph in the witness
statement and serve a notice that the
, claimant intends to rely on the Retain the paragraph in the witness
evidence at trial. statement.
Remove the paragraph from the Retain the paragraph from the
witness statement, place it in a witness statement and obtain a
hearsay notice and serve the hearsay witness statement from the
notice on the defendant. Finance Director.
Don't know?
4 of 48
Term
A construction company intends to sue one of its sub-contractors, an
electrician, for breach of contract. The claim form has been issued, but
it has not yet been served. Before service of the claim form, the
construction company decides to add a new defendant, a plumber, to
the claim as an additional party.
Which of the following best describes the position of the
construction company?
Give this one a try later!
The construction company should The construction company will
seek the written consent of the not require the court's
electrician to add the additional permission to add the additional
party. party.
Rated A+
1 of 48
Term
On Thursday 1 October, your client issued a claim form in the High
Court against the defendant to the claim claiming £125,000 being the
price of goods sold and delivered. Unfortunately, the parties did not
follow the Practice Direction on Pre-action Conduct. The claim form
and particulars of claim were served together by first class post on
Wednesday 14 October. The defendant has not yet filed any response
to the claim. It is now Monday 2 November. Your client wishes to enter
judgment in default for the sum of £125,000 plus interest.
Which one of the following answers is correct?
Give this one a try later!
Your client may enter judgment in default because at least 14 days have
elapsed since the particulars of claim were deemed to be served.
, Your client may enter judgment in default because at least 14 days have elapsed
since the claim form was issued.
Your client may NOT enter judgment in default because the deadline for filing an
acknowledgment of service has not elapsed.
Your client may NOT enter judgment in default because your client did not write a
letter of claim in accordance with the Practice Direction on Pre-action Conduct.
Don't know?
2 of 48
Term
During her employment as a delivery driver, your client, Sue, was
involved in a road traffic accident with another car. Your client has sued
the driver of the other car, Amir, for personal injuries. Amir, in turn, has
issued a counterclaim against your client claiming damages for
personal injuries that Amir also sustained in the road traffic accident.
Amir wishes to use the same arguments in the counterclaim against
your client’s employer. The employer is vicariously liable for your
client’s actions.
Can Amir add your client’s employer as a party to the proceedings?
Give this one a try later!
, Yes, as the defendant's additional
Yes, as an 'other' additional claim
claim for contribution or indemnity
from another party (CPR 20.6) (CPR 20.7)
Yes, as a counterclaim against a
Yes, as a counterclaim against the
person other than the claimant
claimant (CPR 20.4)
(CPR 20.5)
Don't know?
3 of 48
Term
A claim has been issued for non-payment of goods delivered by the
claimant to the defendant on 8th February. The parties' written contract
stipulates delivery on 1st February. The claimant's Finance Director
made an oral variation to the contract for delivery to be on 8th
February. The draft witness statement of the Managing Director (not
the Finance Director) includes the paragraph: ‘The Finance Director
told me that she spoke to the defendant to change the date of delivery
of the goods from 1st February to 8th February and the defendant
agreed to the change’.
Which of the following statements best describes how the claimant
should deal with / improve upon this evidence?
Give this one a try later!
Retain the paragraph in the witness
statement and serve a notice that the
, claimant intends to rely on the Retain the paragraph in the witness
evidence at trial. statement.
Remove the paragraph from the Retain the paragraph from the
witness statement, place it in a witness statement and obtain a
hearsay notice and serve the hearsay witness statement from the
notice on the defendant. Finance Director.
Don't know?
4 of 48
Term
A construction company intends to sue one of its sub-contractors, an
electrician, for breach of contract. The claim form has been issued, but
it has not yet been served. Before service of the claim form, the
construction company decides to add a new defendant, a plumber, to
the claim as an additional party.
Which of the following best describes the position of the
construction company?
Give this one a try later!
The construction company should The construction company will
seek the written consent of the not require the court's
electrician to add the additional permission to add the additional
party. party.
