MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
You are representing Ms Hannah Morton in the High Court. Last year, Ms Morton bought a
van from her local dealership. Ms Morton alleges that the van was defective in that it had a
problem with its handbrake. As such, in the middle of the night, the van rolled forward,
destroying Ms Morton’s garage door and causing serious structural damage to her house.
Both parties wish to adduce expert evidence to support their respective cases. Which of the
following statements on experts is WRONG?
[A] The expert’s duty is to help the court on matters within his/her expertise. This duty
overrides any obligation to the person from whom expert has received instructions
or by whom s/he is paid.
[B] No party may rely on expert evidence without the court’s permission.
[C] In the normal course of events and absent a court order to the contrary, expert
evidence is to be given by way of affidavit.
[D] An expert’s report must include details of the expert’s qualifications.
[C] is WRONG and therefore the RIGHT ANSWER to this question. CPR 35.5(1) provides that
expert evidence is to be given in a written report unless the court orders otherwise.]
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,Question 2
When a court is assessing the amount of costs to award, which of the following statements
accurately sets out how the court will complete that task?
i) Where the court is assessing costs on the standard basis, it will only allow those
costs which are proportionate to the matters in issue. Costs which are
disproportionate in amount may be disallowed or reduced even if they were
reasonably or necessarily incurred;
ii) Where the amount of costs is to be assessed on the indemnity basis, the court will
resolve any doubt which it may have as to whether costs were reasonably incurred
or were reasonable in amount in favour of the paying party;
iii) When assessing costs on the indemnity basis, as part of its assessment of whether
costs were unreasonably incurred or unreasonable in amount, the court will
disregard the importance of the matter to all the parties;
iv) Where it appears to the court that the conduct of a party’s legal representative before
or during proceedings was unreasonable or improper, the court may order that
party’s legal representative to pay costs which that legal representative has caused
any other party to incur.]
[A] Statements i) – iv)
[B] i), ii) and iii)
[C] i) and iv)
[D] i) and iii)
[C] is is the right answer. [(i) this statement is correct: see CPR 44.3(2)(a); [(iv) is correct: see
CPR 44.11(1)(b) and CPR 44.11(2)(b)]
P a g e 2 | 147
,Question 3
Which of the following statements is WRONG?
[A] The court may give summary judgment against a claimant on the whole of a claim if
it considers that the claimant has no real prospect of succeeding on the claim and
there is no other compelling reason why the case should be disposed of at a trial.
[B] The court may give summary judgment against a defendant on a particular issue if it
considers that the defendant has no real prospect of successfully defending the issue
or there is no other compelling reason why the issue should be disposed of at a trial.]
[C] The court may give summary judgment against a defendant on a particular issue if it
considers that the defendant has no real prospect of successfully defending the issue
and there is no other compelling reason why the issue should be disposed of at trial.]
[D] In an application for summary judgment, the overall burden of proof rests on the
applicant to establish that there are grounds to believe the respondent has no real
prospect of success and that there is no other compelling reason for a trial. If the
applicant adduces credible evidence in support of the application, the respondent
becomes subject to an evidential burden of proving some real prospect of
success/some other compelling reason for trial.
[B] is WRONG and therefore is the RIGHT answer. CPR 24.2(a)(ii) and (b) posit a conjunctive
test (i.e. the word “and” is used) not a disjunctive test (i.e. the word “or” is not used)
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, Question 4
You act for the beneficiaries of the Macbeth Trust. The beneficiaries are in dispute with the
trustees, Mr Thane and Mr Ofcawdor, over the extent of the trustees’ power of sale under the
trust deed. Acting on your correct advice, the beneficiaries issue proceedings using the Part
8 procedure, asking the court to determine the proper interpretation of the clause in question.
16 days after service of the claim form, the trustees have neither filed an acknowledgement
of service nor served said acknowledgment on the beneficiaries.
Which of the following options represents the most likely consequence of the trustees’
failure?
[A] In the absence of any acknowledgment of service, the beneficiaries will apply for
default judgment pursuant to Part 12.
[B] The beneficiaries will apply to strike out the trustees’ defence.
[C] The trustees may attend the hearing of the claim but may not take part in the hearing
under any circumstances.
[D] The trustees may attend the hearing of the claim but may not take part in the hearing
unless the court orders otherwise.
[D] is correct: in this question, the defendant trustees, upon being served with the claim form,
should have filed an acknowledgement of service in the relevant practice form not more than
14 days after service of the claim form (CPR 8.3(1)(a)) and should have served the
acknowledgment of service on the claimant beneficiaries (CPR 8.3(1)(b). In short, the
defendant trustees have failed to file an acknowledgment of service and the time period for
doing so has now expired, such that CPR 8.4 applies: see CPR 8.4(1). In consequence, CPR
8.4(2) applies and the text of that rule is synonymous with this answer]
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ANSWERS
Bar Professional
Question 1
You are representing Ms Hannah Morton in the High Court. Last year, Ms Morton bought a
van from her local dealership. Ms Morton alleges that the van was defective in that it had a
problem with its handbrake. As such, in the middle of the night, the van rolled forward,
destroying Ms Morton’s garage door and causing serious structural damage to her house.
Both parties wish to adduce expert evidence to support their respective cases. Which of the
following statements on experts is WRONG?
[A] The expert’s duty is to help the court on matters within his/her expertise. This duty
overrides any obligation to the person from whom expert has received instructions
or by whom s/he is paid.
[B] No party may rely on expert evidence without the court’s permission.
[C] In the normal course of events and absent a court order to the contrary, expert
evidence is to be given by way of affidavit.
[D] An expert’s report must include details of the expert’s qualifications.
[C] is WRONG and therefore the RIGHT ANSWER to this question. CPR 35.5(1) provides that
expert evidence is to be given in a written report unless the court orders otherwise.]
P a g e 1 | 147
,Question 2
When a court is assessing the amount of costs to award, which of the following statements
accurately sets out how the court will complete that task?
i) Where the court is assessing costs on the standard basis, it will only allow those
costs which are proportionate to the matters in issue. Costs which are
disproportionate in amount may be disallowed or reduced even if they were
reasonably or necessarily incurred;
ii) Where the amount of costs is to be assessed on the indemnity basis, the court will
resolve any doubt which it may have as to whether costs were reasonably incurred
or were reasonable in amount in favour of the paying party;
iii) When assessing costs on the indemnity basis, as part of its assessment of whether
costs were unreasonably incurred or unreasonable in amount, the court will
disregard the importance of the matter to all the parties;
iv) Where it appears to the court that the conduct of a party’s legal representative before
or during proceedings was unreasonable or improper, the court may order that
party’s legal representative to pay costs which that legal representative has caused
any other party to incur.]
[A] Statements i) – iv)
[B] i), ii) and iii)
[C] i) and iv)
[D] i) and iii)
[C] is is the right answer. [(i) this statement is correct: see CPR 44.3(2)(a); [(iv) is correct: see
CPR 44.11(1)(b) and CPR 44.11(2)(b)]
P a g e 2 | 147
,Question 3
Which of the following statements is WRONG?
[A] The court may give summary judgment against a claimant on the whole of a claim if
it considers that the claimant has no real prospect of succeeding on the claim and
there is no other compelling reason why the case should be disposed of at a trial.
[B] The court may give summary judgment against a defendant on a particular issue if it
considers that the defendant has no real prospect of successfully defending the issue
or there is no other compelling reason why the issue should be disposed of at a trial.]
[C] The court may give summary judgment against a defendant on a particular issue if it
considers that the defendant has no real prospect of successfully defending the issue
and there is no other compelling reason why the issue should be disposed of at trial.]
[D] In an application for summary judgment, the overall burden of proof rests on the
applicant to establish that there are grounds to believe the respondent has no real
prospect of success and that there is no other compelling reason for a trial. If the
applicant adduces credible evidence in support of the application, the respondent
becomes subject to an evidential burden of proving some real prospect of
success/some other compelling reason for trial.
[B] is WRONG and therefore is the RIGHT answer. CPR 24.2(a)(ii) and (b) posit a conjunctive
test (i.e. the word “and” is used) not a disjunctive test (i.e. the word “or” is not used)
P a g e 3 | 147
, Question 4
You act for the beneficiaries of the Macbeth Trust. The beneficiaries are in dispute with the
trustees, Mr Thane and Mr Ofcawdor, over the extent of the trustees’ power of sale under the
trust deed. Acting on your correct advice, the beneficiaries issue proceedings using the Part
8 procedure, asking the court to determine the proper interpretation of the clause in question.
16 days after service of the claim form, the trustees have neither filed an acknowledgement
of service nor served said acknowledgment on the beneficiaries.
Which of the following options represents the most likely consequence of the trustees’
failure?
[A] In the absence of any acknowledgment of service, the beneficiaries will apply for
default judgment pursuant to Part 12.
[B] The beneficiaries will apply to strike out the trustees’ defence.
[C] The trustees may attend the hearing of the claim but may not take part in the hearing
under any circumstances.
[D] The trustees may attend the hearing of the claim but may not take part in the hearing
unless the court orders otherwise.
[D] is correct: in this question, the defendant trustees, upon being served with the claim form,
should have filed an acknowledgement of service in the relevant practice form not more than
14 days after service of the claim form (CPR 8.3(1)(a)) and should have served the
acknowledgment of service on the claimant beneficiaries (CPR 8.3(1)(b). In short, the
defendant trustees have failed to file an acknowledgment of service and the time period for
doing so has now expired, such that CPR 8.4 applies: see CPR 8.4(1). In consequence, CPR
8.4(2) applies and the text of that rule is synonymous with this answer]
P a g e 4 | 147
