MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Which ONE of the following statements shows the WRONG limitation period for that specific
category of case:
[A] Personal injury claims– 3 years.
[B] Simple Contract – 6 years.
[C] Contribution under Civil Liability (Contribution) Act 1978 – 3 years.
[D] Fatal accident claims – 3 years.
[[C] is WRONG, and is therefore the CORRECT answer. The correct limitation period is 2 years.
See Section 10 Limitation Act 1980]
P a g e 1 | 39
,Question 2
You act for Pickup Bus Company Limited, who is being sued by Janelle James, who
was born on 20th December 1998, in respect of a road accident causing personal
injuries. The bus ran into Janelle when she was 10 years of age, breaking both her
legs and causing major head injuries. She was in a coma for over 2 months. On
coming out of the coma, it was clear that she had suffered irreversible brain
damage. She has been under specialist care ever since. The claim was issued in
the first week of September 2016.
Which ONE of the following statements is the CORRECT position under the
Limitation Act 1980 for a child in this situation:
[A] Her claim is time barred because the accident was more than three years ago. [
[B] Her claim is not time barred because time had not yet begun to run.
[C] Her claim is time barred because proceedings have been issued before her 18th
birthday.
[D] Her claim is time barred because the accident was more than three years ago;
however, she could apply for, and would probably get, a discretionary extension
under Section 33 Limitation Act 1980.
[[B] is CORRECT. Janelle is not 18 years of age until 20th December 2016. Therefore, as a
child, time had not begun to run as at the date of issue of the claim (identified in the question
itself). See Section 28 (1) and (6) Limitation Act 1980 and Section 38(2) Limitation Act 1980]
P a g e 2 | 39
,Question 3
Which ONE of the following statements is WRONG:
[A] A personal injury claim must not be started in the High Court unless the value of the
claim is £50,000 or more.
[B] Contract claims for damages may not be started in the High Court unless the value
of the claim is more than £100,000.
[C] A claim must be issued in the High Court or the County Court if an enactment so
requires
[D] A personal injury claim may be started in either the High Court or the County Court
if the value of the claim is under £25,000.
[[D] is WRONG, and is therefore the CORRECT answer. A personal injury claim must not be
started in the High Court unless the value of the claim is £50,000 or more, not £25,000 – see
paragraph 2.2 of Practice Direction 7A in White Book 2016]
P a g e 3 | 39
, Question 4
On 3 June 2012, on the day after her 16th birthday, Lucy saw her GP about a lump within her
neck. Her GP thought this was probably a cyst which would disappear in its own time, but
certainly nothing to worry about. As a result, Lucy was not given an ultrasound scan or
referred to a consultant.
In early June 2013, Lucy felt pain again (for the first time since June 2012) , so she consulted
a specialist, Doctor Y, who diagnosed that the lump had grown and advised that an operation
was necessary. Doctor Y operated on Lucy in late June 2013, and removed what Doctor Y
discovered to be a benign tumour. The operation caused Lucy a lot of pain, suffering,
permanent scarring and time off work (she has a part-time job).
Lucy’s instructions are that she first began to suspect in June 2013 that her GP’s diagnosis
had been careless and that if her GP had dealt with the problem properly in June 2012 it would
not have reached this more serious stage.
Lucy has now instructed solicitors to issue a claim for negligence against her GP – a claim
has not already been issued. The long delay is explained by her inability for a long time to
face dealing with the matter due to the stress, her relatively young age and the fact that a
previous solicitor she consulted was very unhelpful.
Lucy turned 18 years of age on 2 June 2014.
Please assume the date is 26 September 2016.
Which is the CORRECT advice to give Lucy:
[A] Her claim is statue barred as she only has 3 years from June 2013 in which to issue
her claim, and we are now September 2016.
[B] Her claim is statue barred because she has 3 years from June 2012 in which to issue
her claim, and we are now September 2016.
[C] Lucy has three years from the date of her 18th birthday in which to bring her claim
against the GP.
[D] In order to protect her position under the Limitation Act 1980, Lucy must bring her
claim by no later than 2 June 2018.
P a g e 4 | 39
ANSWERS
Bar Professional
Question 1
Which ONE of the following statements shows the WRONG limitation period for that specific
category of case:
[A] Personal injury claims– 3 years.
[B] Simple Contract – 6 years.
[C] Contribution under Civil Liability (Contribution) Act 1978 – 3 years.
[D] Fatal accident claims – 3 years.
[[C] is WRONG, and is therefore the CORRECT answer. The correct limitation period is 2 years.
See Section 10 Limitation Act 1980]
P a g e 1 | 39
,Question 2
You act for Pickup Bus Company Limited, who is being sued by Janelle James, who
was born on 20th December 1998, in respect of a road accident causing personal
injuries. The bus ran into Janelle when she was 10 years of age, breaking both her
legs and causing major head injuries. She was in a coma for over 2 months. On
coming out of the coma, it was clear that she had suffered irreversible brain
damage. She has been under specialist care ever since. The claim was issued in
the first week of September 2016.
Which ONE of the following statements is the CORRECT position under the
Limitation Act 1980 for a child in this situation:
[A] Her claim is time barred because the accident was more than three years ago. [
[B] Her claim is not time barred because time had not yet begun to run.
[C] Her claim is time barred because proceedings have been issued before her 18th
birthday.
[D] Her claim is time barred because the accident was more than three years ago;
however, she could apply for, and would probably get, a discretionary extension
under Section 33 Limitation Act 1980.
[[B] is CORRECT. Janelle is not 18 years of age until 20th December 2016. Therefore, as a
child, time had not begun to run as at the date of issue of the claim (identified in the question
itself). See Section 28 (1) and (6) Limitation Act 1980 and Section 38(2) Limitation Act 1980]
P a g e 2 | 39
,Question 3
Which ONE of the following statements is WRONG:
[A] A personal injury claim must not be started in the High Court unless the value of the
claim is £50,000 or more.
[B] Contract claims for damages may not be started in the High Court unless the value
of the claim is more than £100,000.
[C] A claim must be issued in the High Court or the County Court if an enactment so
requires
[D] A personal injury claim may be started in either the High Court or the County Court
if the value of the claim is under £25,000.
[[D] is WRONG, and is therefore the CORRECT answer. A personal injury claim must not be
started in the High Court unless the value of the claim is £50,000 or more, not £25,000 – see
paragraph 2.2 of Practice Direction 7A in White Book 2016]
P a g e 3 | 39
, Question 4
On 3 June 2012, on the day after her 16th birthday, Lucy saw her GP about a lump within her
neck. Her GP thought this was probably a cyst which would disappear in its own time, but
certainly nothing to worry about. As a result, Lucy was not given an ultrasound scan or
referred to a consultant.
In early June 2013, Lucy felt pain again (for the first time since June 2012) , so she consulted
a specialist, Doctor Y, who diagnosed that the lump had grown and advised that an operation
was necessary. Doctor Y operated on Lucy in late June 2013, and removed what Doctor Y
discovered to be a benign tumour. The operation caused Lucy a lot of pain, suffering,
permanent scarring and time off work (she has a part-time job).
Lucy’s instructions are that she first began to suspect in June 2013 that her GP’s diagnosis
had been careless and that if her GP had dealt with the problem properly in June 2012 it would
not have reached this more serious stage.
Lucy has now instructed solicitors to issue a claim for negligence against her GP – a claim
has not already been issued. The long delay is explained by her inability for a long time to
face dealing with the matter due to the stress, her relatively young age and the fact that a
previous solicitor she consulted was very unhelpful.
Lucy turned 18 years of age on 2 June 2014.
Please assume the date is 26 September 2016.
Which is the CORRECT advice to give Lucy:
[A] Her claim is statue barred as she only has 3 years from June 2013 in which to issue
her claim, and we are now September 2016.
[B] Her claim is statue barred because she has 3 years from June 2012 in which to issue
her claim, and we are now September 2016.
[C] Lucy has three years from the date of her 18th birthday in which to bring her claim
against the GP.
[D] In order to protect her position under the Limitation Act 1980, Lucy must bring her
claim by no later than 2 June 2018.
P a g e 4 | 39
