Bptc Study guides, Class notes & Summaries

BPTC Civil Litigation Commencing Proceedings questions with correct answers

Circumstances where you must NOT NOT NOT accept Instructions You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and on...

BPTC Civil Litigation Limitation questions with correct answers

Circumstances where you must NOT NOT NOT accept Instructions You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and on...

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 General Matters questions with correct answers

Circumstances where you must NOT NOT NOT accept Instructions You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and on...

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 Parties questions with correct answers