PREP + CONSOLIDATE MCQ - UNIT 1 – DISPUTE RESOLUTION
Question 1
Your firm's commercial department is acting for Ms Y in negotiations with several publishers to
publish her new book.
Your firm's litigation department has today been asked by Mr X to act for him. Mr X claims that, in
writing her new book, Ms Y breached his copyright by claiming as her own large sections of a book
that he wrote several years ago. He wants to stop her publishing and to claim damages.
Based on the above facts which THREE of the following statements are CORRECT?
A. Your firm will have a conflict of interest if it acts for both Ms Y and Mr X.
B. The overriding objective of the Civil Procedure Rules, 1998 (CPR) is to ensure that the parties
are on an equal footing.
C. The court must seek to give effect to the overriding objective when it exercises any power
given to it under the rules, or interprets any rule.
D. Solicitors have a positive duty to help the court further the overriding objective of the CPR
but such a duty does not apply to clients. This is because clients will not necessarily be legal
professionals.
E. Early in a dispute resolution matter a solicitor should advise his client to preserve documents
relating to the dispute, even if those documents would harm the client's case.
Question 2
Which ONE of the follow methods of ADR is BEST DESCRIBED by the description below:
Typically a third party has written statements from the parties, discusses the case with each party on
a without prejudice basis, identifies areas of disagreement and importance, and tries to move the
parties towards constructive solutions.
1.
Early neutral evaluation
2.
Final offer arbitration
3.
Mediation
4.
1
, PREP + CONSOLIDATE MCQ - UNIT 1 – DISPUTE RESOLUTION
Judicial appraisal.
5.
Med-arb (mediation-arbitration)
6.
Mini-trial.
Question 3
Which ONE of the following statements is CORRECT?
A. Your firm agrees to represent a client at, and in relation to, an arbitration hearing for an
agreed fixed fee. If preparation for and attendance at the hearing takes longer than
anticipated your firm will be able to charge the client a higher fee.
B. You see a new commercial client who instructs you to issue and serve proceedings in a debt
claim immediately. Payment of the debt was due from the debtor company 6 months ago.
Your client sent a chasing letter seeking payment 3 months ago. As the client has instructed
you to take a lawful step you must carry it out without question or advising to the contrary.
C. Under a conditional fee agreement the solicitor receives no payment or less than normal
payment if the client's case is lost. However, if the client is successful, the solicitor may be
paid his normal charges and may also be paid in addition an agreed increase in his normal
charges up to a maximum of 100%. Under a damages-based agreement, the solicitor
receives (in respect of his fees including VAT) an agreed percentage of any money recovered
by the successful client up to a maximum of 50% of the damages. Both arrangements are
lawful at all stages of the litigation process, including pre-action.
D. Your firm acts for a prospective claimant whose matter falls under the Practice Direction -
Pre-action Conduct and Protocols. As you believe an issue in the case will require expert
evidence, your client must propose in his letter before claim or subsequently that the parties
agree on the appointment of a single joint expert.
Question 4
2
Question 1
Your firm's commercial department is acting for Ms Y in negotiations with several publishers to
publish her new book.
Your firm's litigation department has today been asked by Mr X to act for him. Mr X claims that, in
writing her new book, Ms Y breached his copyright by claiming as her own large sections of a book
that he wrote several years ago. He wants to stop her publishing and to claim damages.
Based on the above facts which THREE of the following statements are CORRECT?
A. Your firm will have a conflict of interest if it acts for both Ms Y and Mr X.
B. The overriding objective of the Civil Procedure Rules, 1998 (CPR) is to ensure that the parties
are on an equal footing.
C. The court must seek to give effect to the overriding objective when it exercises any power
given to it under the rules, or interprets any rule.
D. Solicitors have a positive duty to help the court further the overriding objective of the CPR
but such a duty does not apply to clients. This is because clients will not necessarily be legal
professionals.
E. Early in a dispute resolution matter a solicitor should advise his client to preserve documents
relating to the dispute, even if those documents would harm the client's case.
Question 2
Which ONE of the follow methods of ADR is BEST DESCRIBED by the description below:
Typically a third party has written statements from the parties, discusses the case with each party on
a without prejudice basis, identifies areas of disagreement and importance, and tries to move the
parties towards constructive solutions.
1.
Early neutral evaluation
2.
Final offer arbitration
3.
Mediation
4.
1
, PREP + CONSOLIDATE MCQ - UNIT 1 – DISPUTE RESOLUTION
Judicial appraisal.
5.
Med-arb (mediation-arbitration)
6.
Mini-trial.
Question 3
Which ONE of the following statements is CORRECT?
A. Your firm agrees to represent a client at, and in relation to, an arbitration hearing for an
agreed fixed fee. If preparation for and attendance at the hearing takes longer than
anticipated your firm will be able to charge the client a higher fee.
B. You see a new commercial client who instructs you to issue and serve proceedings in a debt
claim immediately. Payment of the debt was due from the debtor company 6 months ago.
Your client sent a chasing letter seeking payment 3 months ago. As the client has instructed
you to take a lawful step you must carry it out without question or advising to the contrary.
C. Under a conditional fee agreement the solicitor receives no payment or less than normal
payment if the client's case is lost. However, if the client is successful, the solicitor may be
paid his normal charges and may also be paid in addition an agreed increase in his normal
charges up to a maximum of 100%. Under a damages-based agreement, the solicitor
receives (in respect of his fees including VAT) an agreed percentage of any money recovered
by the successful client up to a maximum of 50% of the damages. Both arrangements are
lawful at all stages of the litigation process, including pre-action.
D. Your firm acts for a prospective claimant whose matter falls under the Practice Direction -
Pre-action Conduct and Protocols. As you believe an issue in the case will require expert
evidence, your client must propose in his letter before claim or subsequently that the parties
agree on the appointment of a single joint expert.
Question 4
2
