Bar Training Examination
2020-21
CIVIL LITIGATION AND EVIDENCE
PAPER 2
BSB Full Marker
MOCK 2020
2.00pm – 4.30pm
, Exam Number MOCK PAPER 2
THIS PAGE IS BLANK
Page 2 of 72
, Exam number MOCK PAPER 2
Civil Litigation
Multiple Choice Exam
Candidate instructions
1. This exam comprises 40 multiple choice questions (MCQs).
2. You have two hours and 30 minutes to complete this exam (Paper 2).
3. Use boxes 1–40 on the MCQ answer sheet to record your answers.
4. This is an open book examination. You are allowed to use:
a copy of the White Book, which can be highlighted and annotated
Post-it notes, which can be used to mark sections of the White Book
Post-it notes with annotations and notes.
You are not allowed to use any additional loose material.
5. You must use a pencil to answer.
6. Each question requires ONLY ONE response. If you give more than one
answer per question, no mark will be given.
7. One mark is given for each correct answer.
8. This exam is not negatively marked (marks will NOT be deducted for wrong
answers or no answer), therefore you are strongly advised to attempt ALL the
questions.
9. The answer sheet is designed to be machine readable.
10. If you make a mistake, you must rub out your mistake. Mistakes must be
rectified before the end of the exam; no extra time will be given.
11. If you do not answer a question, no mark will be given.
12. If your final answer choice is unclear this may result in no mark being
awarded for the question.
13. You MUST NOT remove the exam paper or the MCQ answer sheet from the
examination centre.
Please continue to the next page
Page 3 of 72
, Exam number MOCK PAPER 2
QUESTION 1
SA8 STATEMENTS OF CASE (SBA)
Difficulty rating: 2
Catherine has brought a claim for damages for personal injury against Mangal Meze
Ltd (“MM”), who operate a restaurant where she suffered an accident.
In paragraph 2 of her particulars of claim she set out the circumstances of the
accident, in which she slipped on water in a corridor while on her way to the toilet. In
paragraph 3, she alleged that the accident was caused by MM’s breach of their
statutory duty under the Occupiers Liability Act 1957 and set out particulars of
breach in sub-paragraphs (a)–(e).
In their defence, MM did not admit the facts stated in paragraph 2 of the particulars
of claim. In response to paragraph 3, MM denied breach of statutory duty and stated
that on the doors leading to the toilets there were signs saying ‘Caution, cleaning in
progress’, that further signs had been put out stating ‘Caution, wet floor’ and that in
all the circumstances they took reasonable care to ensure Catherine’s safety and
that of the general public.
After filing and serving the defence, MM’s solicitors realised that they had failed to
deal with paragraph 3(d) of the particulars of claim, which alleged that MM ‘allowed
pools of water to gather dangerously in the corridor’. MM state that any water
present in the corridor was as a result of the cleaning process, of which adequate
warning had been given.
What is the best advice to give to MM’s solicitors as to the next step to take in order
to deal with the failure to respond to paragraph 3(d)?
[A] They should ask for Catherine's written consent to amend their defence.
[B] They should make an application to the Court to ask for permission to amend
their defence.
[C] They should make an application to amend, as, unless the defence is
amended, the allegation will be taken as admitted.
[D] The nature of their defence means the allegation shall be taken as denied
without the need to amend their defence.
ANSWER
[A] They should ask for Catherine's written consent to amend the defence.
[A] is the best advice. Catherine may consent to the amendment and it is the
most appropriate thing to do to ask her first. CPR 17.1 (2)(a)
Please continue to the next page
Page 4 of 72
2020-21
CIVIL LITIGATION AND EVIDENCE
PAPER 2
BSB Full Marker
MOCK 2020
2.00pm – 4.30pm
, Exam Number MOCK PAPER 2
THIS PAGE IS BLANK
Page 2 of 72
, Exam number MOCK PAPER 2
Civil Litigation
Multiple Choice Exam
Candidate instructions
1. This exam comprises 40 multiple choice questions (MCQs).
2. You have two hours and 30 minutes to complete this exam (Paper 2).
3. Use boxes 1–40 on the MCQ answer sheet to record your answers.
4. This is an open book examination. You are allowed to use:
a copy of the White Book, which can be highlighted and annotated
Post-it notes, which can be used to mark sections of the White Book
Post-it notes with annotations and notes.
You are not allowed to use any additional loose material.
5. You must use a pencil to answer.
6. Each question requires ONLY ONE response. If you give more than one
answer per question, no mark will be given.
7. One mark is given for each correct answer.
8. This exam is not negatively marked (marks will NOT be deducted for wrong
answers or no answer), therefore you are strongly advised to attempt ALL the
questions.
9. The answer sheet is designed to be machine readable.
10. If you make a mistake, you must rub out your mistake. Mistakes must be
rectified before the end of the exam; no extra time will be given.
11. If you do not answer a question, no mark will be given.
12. If your final answer choice is unclear this may result in no mark being
awarded for the question.
13. You MUST NOT remove the exam paper or the MCQ answer sheet from the
examination centre.
Please continue to the next page
Page 3 of 72
, Exam number MOCK PAPER 2
QUESTION 1
SA8 STATEMENTS OF CASE (SBA)
Difficulty rating: 2
Catherine has brought a claim for damages for personal injury against Mangal Meze
Ltd (“MM”), who operate a restaurant where she suffered an accident.
In paragraph 2 of her particulars of claim she set out the circumstances of the
accident, in which she slipped on water in a corridor while on her way to the toilet. In
paragraph 3, she alleged that the accident was caused by MM’s breach of their
statutory duty under the Occupiers Liability Act 1957 and set out particulars of
breach in sub-paragraphs (a)–(e).
In their defence, MM did not admit the facts stated in paragraph 2 of the particulars
of claim. In response to paragraph 3, MM denied breach of statutory duty and stated
that on the doors leading to the toilets there were signs saying ‘Caution, cleaning in
progress’, that further signs had been put out stating ‘Caution, wet floor’ and that in
all the circumstances they took reasonable care to ensure Catherine’s safety and
that of the general public.
After filing and serving the defence, MM’s solicitors realised that they had failed to
deal with paragraph 3(d) of the particulars of claim, which alleged that MM ‘allowed
pools of water to gather dangerously in the corridor’. MM state that any water
present in the corridor was as a result of the cleaning process, of which adequate
warning had been given.
What is the best advice to give to MM’s solicitors as to the next step to take in order
to deal with the failure to respond to paragraph 3(d)?
[A] They should ask for Catherine's written consent to amend their defence.
[B] They should make an application to the Court to ask for permission to amend
their defence.
[C] They should make an application to amend, as, unless the defence is
amended, the allegation will be taken as admitted.
[D] The nature of their defence means the allegation shall be taken as denied
without the need to amend their defence.
ANSWER
[A] They should ask for Catherine's written consent to amend the defence.
[A] is the best advice. Catherine may consent to the amendment and it is the
most appropriate thing to do to ask her first. CPR 17.1 (2)(a)
Please continue to the next page
Page 4 of 72
