QUESTION 1
Avelyn (aged 17) was driving her car with her friend Gertrude (aged 16) when she lost
control of it and hit a tree. As a result, Gertrude sustained a fractured shoulder and
whiplash injuries. Gertrude brings proceedings in the County Court against Avelyn in
relation to her injuries. The proceedings are served but Avelyn does nothing about
them. Gertrude, who believes that Avelyn is aged 18, obtains default judgment by
request. Avelyn has just received the notice from the Court advising that a judgment
has been entered against her and seeks your advice on whether the Court will set it
aside.
What is the most likely reason that the Court will give when determining whether to
allow or dismiss the application?
[A] Gertrude has obtained a valid judgment and the Court is unlikely to set it
aside as Avelyn has no defence.
[B] The default judgment will be set aside as Avelyn is a child and the default
judgment was obtained by request.
[C] The default judgment will be set aside as a judgment against a child must be
approved by the Court.
[D] The default judgment will be set aside as a judgment obtained on behalf of a child
must be approved by the Court.
ANSWER
[B] The default judgment will be set aside as Avelyn is a child and the
default judgment was obtained by request.
[B] CPR 21.3, 12.10 and PD12 para 4.2(1). A claimant who sues a child if there is no
litigation friend may not without the permission of the court take any step in
proceedings except the issue and service of the claim form. CPR 12.10. The
claimant must make an application in accordance with Part 23 to obtain default
judgment against a child.
[A], [C] and [D] are all correct but they are not the reason that the court would set
judgment aside at this time.
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Page 4 of 89
Exam number MOCK
QUESTION 2
Susanna was involved in a road traffic accident when the car she was travelling in as a
passenger was hit by a car being driven by Martin. Susanna has brought a claim in the
County Court for damages for personal injury. Susanna’s solicitors served a witness
statement from Dolores when witness statements were exchanged six months ago.
The trial of the matter is due to take place in two weeks. Dolores informed Susanna
yesterday that she is unable to attend the trial due to work commitments.
Susanna wishes to rely on Dolores’ evidence. What is the best advice to give her?
[A] She can make an application to the Court to rely on Dolores’ evidence if she
serves a hearsay notice.
[B] She must call Dolores to give oral evidence unless the Court orders otherwise or
she puts the statement in as hearsay evidence.
[C] She will not be able to rely on the evidence unless Dolores attends trial to be
cross-examined.
[D] She cannot rely on Dolores’ evidence without the permission of the Court.
ANSWER
[B] She must call Dolores to give oral evidence unless the Court orders
otherwise or she puts the statement in as hearsay evidence.
CPR 32.5
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Page 5 of 89
Exam number MOCK
QUESTION 3
Norma entered into a written contract with Jim for the hire of ten illuminated signs from
Jim. The hire cost was £1,000 payable in advance. Payment was made but Jim failed
to provide the signs. Norma had intended to hire the signs out at weddings and has lost
£2,500 in profit as a result.
Jim failed to respond to all pre-action correspondence. Norma therefore issued a
claim together with her particulars of claim for the contract price and loss of profit.
Jim failed to file an acknowledgment of service or a defence within the correct time
period because he was hospitalised. Norma obtained a default judgment against him.
Jim wrote immediately to Norma explaining that he simply forgot to provide the signs
and is willing to refund £1,000 but that he denies liability for the remainder of the claim.
In a document purporting to be his defence, he failed to set out grounds for his denial of
liability for the remaining claim. Two weeks have now passed and Jim is making an
application to set aside judgment in default. In his application notice he sets out that
onward hire to third parties was in breach of the written contract (attached to the
application notice) and that he was not aware of Norma’s intentions.
How is the District Judge likely to deal with Jim’s application?
[A] Jim’s proposed defence discloses no real prospects of success and therefore the
application will fail.
[B] Jim has failed to make his application promptly and therefore his application is likely
to fail.
[C] As Jim has a real prospect of successfully defending his claim, his application is
likely to succeed.
[D] Jim failed to partake in pre-action correspondence and therefore his proposed
defence has no real prospect of success and his application will fail.
ANSWER
[C] As Jim has a real prospect of successfully defending his claim his
application is likely to succeed.
(CPR 3.4 and 13.3)
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Page 6 of 89
Exam number MOCK
QUESTION 4
Which of the following statements about disclosure in relation to claims allocated to
the Multi-Track is correct?
[A] Each party must file and serve a disclosure report not less than seven days
before the first Case Management Conference.
[B] In personal injury claims, the Court may not order that disclosure be given on an
issue-by-issue basis.
[C] The requirement on the parties to file and serve a disclosure report does not
apply in personal injury claims, unless the Court orders otherwise.
[D] The Court may not order standard disclosure.
ANSWER
[C] The requirement on the parties to file and serve a disclosure report does not
apply in personal injury claims, unless the Court orders otherwise.
C is the correct answer. 31.5(2)
A is wrong. 31.5(3)
B is wrong 31.5(7)(c)
D is wrong. 31.5(7)(e)
Avelyn (aged 17) was driving her car with her friend Gertrude (aged 16) when she lost
control of it and hit a tree. As a result, Gertrude sustained a fractured shoulder and
whiplash injuries. Gertrude brings proceedings in the County Court against Avelyn in
relation to her injuries. The proceedings are served but Avelyn does nothing about
them. Gertrude, who believes that Avelyn is aged 18, obtains default judgment by
request. Avelyn has just received the notice from the Court advising that a judgment
has been entered against her and seeks your advice on whether the Court will set it
aside.
What is the most likely reason that the Court will give when determining whether to
allow or dismiss the application?
[A] Gertrude has obtained a valid judgment and the Court is unlikely to set it
aside as Avelyn has no defence.
[B] The default judgment will be set aside as Avelyn is a child and the default
judgment was obtained by request.
[C] The default judgment will be set aside as a judgment against a child must be
approved by the Court.
[D] The default judgment will be set aside as a judgment obtained on behalf of a child
must be approved by the Court.
ANSWER
[B] The default judgment will be set aside as Avelyn is a child and the
default judgment was obtained by request.
[B] CPR 21.3, 12.10 and PD12 para 4.2(1). A claimant who sues a child if there is no
litigation friend may not without the permission of the court take any step in
proceedings except the issue and service of the claim form. CPR 12.10. The
claimant must make an application in accordance with Part 23 to obtain default
judgment against a child.
[A], [C] and [D] are all correct but they are not the reason that the court would set
judgment aside at this time.
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Page 4 of 89
Exam number MOCK
QUESTION 2
Susanna was involved in a road traffic accident when the car she was travelling in as a
passenger was hit by a car being driven by Martin. Susanna has brought a claim in the
County Court for damages for personal injury. Susanna’s solicitors served a witness
statement from Dolores when witness statements were exchanged six months ago.
The trial of the matter is due to take place in two weeks. Dolores informed Susanna
yesterday that she is unable to attend the trial due to work commitments.
Susanna wishes to rely on Dolores’ evidence. What is the best advice to give her?
[A] She can make an application to the Court to rely on Dolores’ evidence if she
serves a hearsay notice.
[B] She must call Dolores to give oral evidence unless the Court orders otherwise or
she puts the statement in as hearsay evidence.
[C] She will not be able to rely on the evidence unless Dolores attends trial to be
cross-examined.
[D] She cannot rely on Dolores’ evidence without the permission of the Court.
ANSWER
[B] She must call Dolores to give oral evidence unless the Court orders
otherwise or she puts the statement in as hearsay evidence.
CPR 32.5
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Page 5 of 89
Exam number MOCK
QUESTION 3
Norma entered into a written contract with Jim for the hire of ten illuminated signs from
Jim. The hire cost was £1,000 payable in advance. Payment was made but Jim failed
to provide the signs. Norma had intended to hire the signs out at weddings and has lost
£2,500 in profit as a result.
Jim failed to respond to all pre-action correspondence. Norma therefore issued a
claim together with her particulars of claim for the contract price and loss of profit.
Jim failed to file an acknowledgment of service or a defence within the correct time
period because he was hospitalised. Norma obtained a default judgment against him.
Jim wrote immediately to Norma explaining that he simply forgot to provide the signs
and is willing to refund £1,000 but that he denies liability for the remainder of the claim.
In a document purporting to be his defence, he failed to set out grounds for his denial of
liability for the remaining claim. Two weeks have now passed and Jim is making an
application to set aside judgment in default. In his application notice he sets out that
onward hire to third parties was in breach of the written contract (attached to the
application notice) and that he was not aware of Norma’s intentions.
How is the District Judge likely to deal with Jim’s application?
[A] Jim’s proposed defence discloses no real prospects of success and therefore the
application will fail.
[B] Jim has failed to make his application promptly and therefore his application is likely
to fail.
[C] As Jim has a real prospect of successfully defending his claim, his application is
likely to succeed.
[D] Jim failed to partake in pre-action correspondence and therefore his proposed
defence has no real prospect of success and his application will fail.
ANSWER
[C] As Jim has a real prospect of successfully defending his claim his
application is likely to succeed.
(CPR 3.4 and 13.3)
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Page 6 of 89
Exam number MOCK
QUESTION 4
Which of the following statements about disclosure in relation to claims allocated to
the Multi-Track is correct?
[A] Each party must file and serve a disclosure report not less than seven days
before the first Case Management Conference.
[B] In personal injury claims, the Court may not order that disclosure be given on an
issue-by-issue basis.
[C] The requirement on the parties to file and serve a disclosure report does not
apply in personal injury claims, unless the Court orders otherwise.
[D] The Court may not order standard disclosure.
ANSWER
[C] The requirement on the parties to file and serve a disclosure report does not
apply in personal injury claims, unless the Court orders otherwise.
C is the correct answer. 31.5(2)
A is wrong. 31.5(3)
B is wrong 31.5(7)(c)
D is wrong. 31.5(7)(e)
