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Civil Litigation And Dispute Resolution – Multiple- Choice Questions With Explanations

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Civil Litigation And Dispute Resolution – Multiple- Choice Questions With Explanations

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Civil Litigation And Dispute Resolution – Multiple-
Choice Questions With Explanations

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Terms in this set (48)



You have just been instructed by a Your client should issue proceedings straight away
new client. Today’s date is 15th and then ask the defendant to agree to an
December and you advise your client application by your client to the court to stay
that the limitation for its proposed proceedings so both parties can comply with the
claim expires on 27th December in 12 Practice Direction on Pre-action Conduct.
days’ time. The Practice Direction on
3 multiple choice options
Pre-action Conduct applies to the
claim. Your client would like to
proceed with the claim, but will not be
available to assist with case
preparation until early in January. Your
client wants to know whether it is
possible to postpone issuing
proceedings until early in January?


What advice should you give your
client?


Your client wishes to commence Your client has a choice as to whether to issue
proceedings for breach of contract proceedings in the County Court or the High Court.
against a supplier for defective goods.
3 multiple choice options
The amount of the claim is £108,000
(inclusive of £18,000 VAT). The claim is
not complex.


In which court can your client issue
proceedings?

,A client is claiming damages for The solicitor must act to the standard of a reasonably
negligence by a solicitor. The solicitor competent practitioner specialising in commercial
works in a city law firm’s commercial property.
property department and is listed in
3 multiple choice options
Chambers & Partners as a specialist in
commercial property law. It is alleged
that the solicitor negligently advised
the client about the meaning of a
restrictive covenant which has directly
let to the client suffering loss.


Which of the following statements
best describes the standard of care
that the solicitor should have
exercised in this case?


A solicitor has been instructed on The Claimant believes that the facts stated in these
behalf of a supermarket chain to act in particulars of claim are true. The Claimant
relation to a breach of contract claim understands that proceedings for contempt of court
against one of the supermarket’s maybe brought against anyone who makes, or causes
suppliers. The supermarket chain is a to be made, a false statement in a document verified
private company. Having completed by a statement of truth without an honest belief in its
the requirements set out in the truth. I am duly authorised by the Claimant to sign
Practice Direction on Pre-action this statement.
Conduct and having failed to settle
3 multiple choice options
the claim, the solicitor drafts the
particulars of claim on behalf of their
client. The managing director of the
supermarket chain will sign the
statement of truth on the particulars
of claim.


Which of the following gives the
correct format for the statement of
truth?

, Your client is a company who is The company should ignore the fact that the
intending to commence proceedings partnership was 2 days late and carry on complying
against a partnership claiming with the Pre-action Protocol.
professional negligence. The claim is
3 multiple choice options
for £500,000. As required, the
company and the partnership have
been following the Professional
Negligence Pre-action Protocol.
Recently, however, the solicitors for
the potential defendant partnership
were 2 days late in responding to the
letter of claim without seeking an
extension or offering any explanation.


Which of the following statements
best describes what your client
should do, assuming it wishes to
commence proceedings as soon as
possible?


On Thursday 1 October, your client Your client may enter judgment in default because at
issued a claim form in the High Court least 14 days have elapsed since the particulars of
against the defendant to the claim claim were deemed to be served.
claiming £125,000 being the price of 3 multiple choice options
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?

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