BPTC

BPTC Civil Litigation Parties questions with correct answers

What is the general rule regarding Beneficiaries of Trustees in a claim? - Beneficiaries do not need to be added as a party when a claim is brought against them. Any judgment or order is binding on the beneficiary unless the court orders otherwise. What happens when a person who had an interest in a claim dies and they have no personal representative? - The court can order the claim proceeds in the absence of a representative, or a person is appointed to represent the estate of the deceased...

BPTC Civil Litigation Limitation questions with correct answers

What must the claim form and statement of case be headed with? - Answer The case number, court/division, full name of partie How does the Litigation process begin? - Answer The Claimant completes the claim form and delivers it to the court. The court then issues it. When must the claim be delivered to the court by? - Answer No later than the last day of the limitation period, and within 4 months of issue by the court. If a claim form is served without the Particulars of Claim, whe...

BPTC Civil Litigation Limitation questions with correct answers

BPTC Civil Litigation General Matters questions with correct answers

Define Limitation Period - The period within which a person who has a right to claim against another must start court proceedings to establish that right. The expiry of which may be used as a defence. When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday When does the limitation period begin when the Claimant lacks mental capacity...

What is the general rule regarding Beneficiaries of Trustees in a claim? - Answer Beneficiaries do not need to be added as a party when a claim is brought against them. Any judgment or order is binding on the beneficiary unless the court orders otherwise. What happens when a person who had an interest in a claim dies and they have no personal representative? - Answer The court can order the claim proceeds in the absence of a representative, or a person is appointed to represent the estat...

The extent of the duties under CDs 3 & 4 - - You must not do anything that could be reasonably be seen by the public to undermine my honest, integrity (CD3) and independence (CD4) How do my duties to act with honesty, integrity and independence relate to my duty to act in my client's best interests? - They take primacy over them. In other words, if acting in your client's best interests required you to anything inconsistent with your obligations under CD3 and $ it's a NO NO PERSONAL RESP...