MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar
Profession
al
Question 1
Derek James, aged 17, has recently passed his driving test.
Unfortunately, whilst driving his new BMW, he knocked a cyclist
off his bike. The cyclist is now seeking damages for personal
injury. Which ONE of the following statements is CORRECT in
relation to service of the claim form:
[A] It can be served on Derek, providing his parent or guardian is
present.
[B] It must be served on Derek’s parents and guardians.
[C] It must be served on one of Derek’s parents or guardians or if none
of the aforesaid, the adult person with whom Derek resides or
whom takes care of him.
[D] It must be served on a person authorised to conduct proceedings
on Derek’s behalf.
[C is CORRECT. CPR 6.13(1) in White Book 2016 sets out on whom a claim
form must be served if it served on a child who is not also a protected
party. The rule provides that a claim form must be served on one of the
child’s parents or guardians or if there is no parent or guardian, an adult
with whom child resides or in whose care the child is. Please note the BSB
have removed CPR 6.13 from the curriculum for 2016/17, and therefore
CPR 6.13 will not be examinable in the Civil Litigation & Evidence
Assessment written by the BSB in 2017
,Question 2
Neverland County Court issued a claim form for Meera, a litigant in
person, on 2 May this year. The claim is against her accountants for
damages for negligent advice relating to her business which
operates solely within the jurisdiction of England and Wales. The
registered office of her accountants is in Neverland and she
requests to serve the claim form herself. On 6 October she realises
that she has not yet served the claim form.
Which ONE of the following statements is CORRECT:
[A] Meera is out of time for serving the claim form. She may apply to
the court to exercise its discretion to extend time for service and the
application must be made with notice given to the accountants.
[B] Meera has until 2 November to serve the claim form because
service is to be within the jurisdiction.
[C] Meera is out of time for serving the claim form. However, the court
may only make an order to extend the time for service if Meera has
taken all reasonable steps to serve it but has been unable to do so
and has acted promptly in making the application.
[D] Meera, is out of time for serving the claim form and may not apply
for an extension of time for service because the application would
be made outside the period for serving the claim form.
[C is CORRECT. Meera is clearly out of time for serving the claim form. See
CPR r 7.5 and r.7.6 (3) in White Book 2016. The claimant MUST complete the
relevant step required by CPR r 7.5 (1) BEFORE 12.00 midnight on the
calendar day four months after the date of issue of the claim form. That
period has expired but Meera may apply for an extension of time for serving
the claim form pursuant to CPR r.7.6 (3). Please also note for information
that the application may be without notice (r.7.6 (4)].
,Question 3
Allen and Paul are in partnership running a small microwave repair
business called ‘MicroRep’. One evening, Allen is called out to
repair a microwave oven at ‘Il Trapori’, a local Italian restaurant.
Allen carries out the repairs negligently with the result that the
microwave explodes when being operated two days later. The
restaurant is closed for repairs and the restaurant loses £20,000.
The restaurant issues a claim form in the County Court claiming
damages against MicroRep (a firm). MicroRep does not have a
solicitor acting and has not given an address for service of the claim
form. Which of the following statements numbered (i) to (iv) is/are
CORRECT in relation to how the claim form may be served:
i) The claim form may be served personally by leaving it with
Allen or Paul;
ii) The claim form may be served personally by leaving it with a
person with control or management of the business at its
principal place of business;
iii) The claim form may be served by sending it to or leaving it at
Allen and/or Paul’s usual or last known residence;
iv) The claim form may be served by sending or leaving it at
MicroRep’s principal or last known place of business.
Select ONE of the following:
[A] i) and ii) only
[B] i) and iii) only
[C] iii) and iv) only
[D] i), ii), iii) and iv)
[D is CORRECT. See CPR r.6.3, r6.5 (3) and r.6.9 (2) in White Book 2016]
, Question 4
A claimant limited company wishes to serve a claim form upon the
defendant, also a limited company, by way of personal service. The
time period for serving the claim form expired on Monday last week.
At 3pm on Monday last week, the claim form was handed to the
junior accounts clerk at the defendant company’s registered office
in purported performance of effecting personal service.
Which ONE of the following statements is CORRECT:
[A] There has been valid service of the claim form
[B] The attempted service of the claim form is invalid.
[C] The attempted service of the claim form will be valid providing the
accounts clerk provides the individual serving the claim form with a
signed confirmation stating that she accepts service.
[D] Service of the claim form will be valid if it has been served by an
employee holding a senior position within the claimant company.
[[B] is CORRECT.
There has not been valid service because the method chosen by the
claimant has not been done properly. According to CPR r 6.5 (3) (b), a claim
form is served personally on a company “by leaving it was a person holding
a senior position within the company”. The definition of “senior position”
is set out in PD6A paragraph 6.2 in the White Book 2016. The junior
accounts clerk does not fall within that definition, such that valid personal
service has not occurred. In practical terms, however, the claimant may, at
least, seek to rely on CPR 6.15 (2) to try to ‘save’ the situation]
ANSWERS
Bar
Profession
al
Question 1
Derek James, aged 17, has recently passed his driving test.
Unfortunately, whilst driving his new BMW, he knocked a cyclist
off his bike. The cyclist is now seeking damages for personal
injury. Which ONE of the following statements is CORRECT in
relation to service of the claim form:
[A] It can be served on Derek, providing his parent or guardian is
present.
[B] It must be served on Derek’s parents and guardians.
[C] It must be served on one of Derek’s parents or guardians or if none
of the aforesaid, the adult person with whom Derek resides or
whom takes care of him.
[D] It must be served on a person authorised to conduct proceedings
on Derek’s behalf.
[C is CORRECT. CPR 6.13(1) in White Book 2016 sets out on whom a claim
form must be served if it served on a child who is not also a protected
party. The rule provides that a claim form must be served on one of the
child’s parents or guardians or if there is no parent or guardian, an adult
with whom child resides or in whose care the child is. Please note the BSB
have removed CPR 6.13 from the curriculum for 2016/17, and therefore
CPR 6.13 will not be examinable in the Civil Litigation & Evidence
Assessment written by the BSB in 2017
,Question 2
Neverland County Court issued a claim form for Meera, a litigant in
person, on 2 May this year. The claim is against her accountants for
damages for negligent advice relating to her business which
operates solely within the jurisdiction of England and Wales. The
registered office of her accountants is in Neverland and she
requests to serve the claim form herself. On 6 October she realises
that she has not yet served the claim form.
Which ONE of the following statements is CORRECT:
[A] Meera is out of time for serving the claim form. She may apply to
the court to exercise its discretion to extend time for service and the
application must be made with notice given to the accountants.
[B] Meera has until 2 November to serve the claim form because
service is to be within the jurisdiction.
[C] Meera is out of time for serving the claim form. However, the court
may only make an order to extend the time for service if Meera has
taken all reasonable steps to serve it but has been unable to do so
and has acted promptly in making the application.
[D] Meera, is out of time for serving the claim form and may not apply
for an extension of time for service because the application would
be made outside the period for serving the claim form.
[C is CORRECT. Meera is clearly out of time for serving the claim form. See
CPR r 7.5 and r.7.6 (3) in White Book 2016. The claimant MUST complete the
relevant step required by CPR r 7.5 (1) BEFORE 12.00 midnight on the
calendar day four months after the date of issue of the claim form. That
period has expired but Meera may apply for an extension of time for serving
the claim form pursuant to CPR r.7.6 (3). Please also note for information
that the application may be without notice (r.7.6 (4)].
,Question 3
Allen and Paul are in partnership running a small microwave repair
business called ‘MicroRep’. One evening, Allen is called out to
repair a microwave oven at ‘Il Trapori’, a local Italian restaurant.
Allen carries out the repairs negligently with the result that the
microwave explodes when being operated two days later. The
restaurant is closed for repairs and the restaurant loses £20,000.
The restaurant issues a claim form in the County Court claiming
damages against MicroRep (a firm). MicroRep does not have a
solicitor acting and has not given an address for service of the claim
form. Which of the following statements numbered (i) to (iv) is/are
CORRECT in relation to how the claim form may be served:
i) The claim form may be served personally by leaving it with
Allen or Paul;
ii) The claim form may be served personally by leaving it with a
person with control or management of the business at its
principal place of business;
iii) The claim form may be served by sending it to or leaving it at
Allen and/or Paul’s usual or last known residence;
iv) The claim form may be served by sending or leaving it at
MicroRep’s principal or last known place of business.
Select ONE of the following:
[A] i) and ii) only
[B] i) and iii) only
[C] iii) and iv) only
[D] i), ii), iii) and iv)
[D is CORRECT. See CPR r.6.3, r6.5 (3) and r.6.9 (2) in White Book 2016]
, Question 4
A claimant limited company wishes to serve a claim form upon the
defendant, also a limited company, by way of personal service. The
time period for serving the claim form expired on Monday last week.
At 3pm on Monday last week, the claim form was handed to the
junior accounts clerk at the defendant company’s registered office
in purported performance of effecting personal service.
Which ONE of the following statements is CORRECT:
[A] There has been valid service of the claim form
[B] The attempted service of the claim form is invalid.
[C] The attempted service of the claim form will be valid providing the
accounts clerk provides the individual serving the claim form with a
signed confirmation stating that she accepts service.
[D] Service of the claim form will be valid if it has been served by an
employee holding a senior position within the claimant company.
[[B] is CORRECT.
There has not been valid service because the method chosen by the
claimant has not been done properly. According to CPR r 6.5 (3) (b), a claim
form is served personally on a company “by leaving it was a person holding
a senior position within the company”. The definition of “senior position”
is set out in PD6A paragraph 6.2 in the White Book 2016. The junior
accounts clerk does not fall within that definition, such that valid personal
service has not occurred. In practical terms, however, the claimant may, at
least, seek to rely on CPR 6.15 (2) to try to ‘save’ the situation]
