Civil Litigation
CIVIL LITIGATION ACTUAL EXAM PRACTICE NEWEST VERSION |ACTUAL
COMPLETE EXAM QUESTIONS AND CORRECT DETAILED ANSWERS
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Althea has issued a claim against [D] Bertie should serve copies of the photographs along with his
witness
Bertie alleging that Bertie drove
statement. In his witness statement he should refer to the
his motorised
photographs and say that he intends to rely on them at trial.
lawn mower through her brand
new garden fence causing
£12,000 worth of damage to
her fence and the valuable
trees and shrubs in her garden.
Bertie has taken some
photographs of Althea’s garden
which, he says, show that the
fence was in fact old
and rotten and that Althea’s
garden does not contain
anything other than weeds.
Bertie wishes to produce these
photographs at trial. What
should he do?
[A] Bertie should serve notice
on Althea, no later than the
latest date for serving witness
statements, saying that he
intends to rely on photographs
at trial.
[B] Bertie should apply to the
court for permission to rely
on the photographs at
trial. Such an application
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should be made no later than
the latest date for serving
witness statements.
[C] Bertie should serve his
witness statement on Althea
and should refer to the
photographs in that statement
and say that he intends to rely
on them at trial.
[D] Bertie should serve
copies of the photographs
along with his witness
statement. In his witness
statement he
should refer to the
photographs and say that he
intends to rely on them at trial.
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Eve-ocative Ltd manufactures [A] 6 October 2020 is the last date for Eve-ocative Ltd to start
proceedings.
ladies' clothing. On 6 October
2014 Eve-ocative Ltd
purchased and delivered 55
rolls of material from Satin
Fabrics Ltd., a wholesale
company which imports
materials from abroad. The
material was intended to
make up 2500 lingerie items,
ordered by Cleopatra, a high-
street retail chain store;
however, Cleopatra
significantly reduced its order.
As a result half the rolls of
material were not
unwrapped until nearly three
years later. When these rolls
were inspected on 1
September 2017 nearly all of
them were found to be
faulty. Eve-ocative Ltd now
wishes to recover damages
from Satin Fabrics Ltd. for
breach of contract.
Which one of the following
statements is correct?
[A] 6 October 2020 is the last
date for Eve- ocative Ltd to
start proceedings.
[B] Eve-ocative Ltd has until 1
September 2023 to start
proceedings.
[C]The limitation period expired
on 1
September 2020 because under
s.14A of
the Limitation Act 1980 Eve-
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ocative Ltd has three years
from discovering the fault to
start proceedings.
[D] If Eve-ocative Ltd does not
start
proceedings within the
limitation period it will be
prevented from issuing a
claim.
Is the following statement true False
or false?
For the purposes of limitation,
time ceases to run when the
claim form is served on the
Defendant.
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