W3 MCQ Flashcards
A counterclaim must…
A. Be based on a cause of action in which the defendant can establish duty, breach, causation and loss.
B. Be related to the claimant’s cause of action in the main claim.
C. Arise out of the same facts as the main claim.
D. Always be heard with the main claim.
E. Be made at the same time as the defendant files their defence.
A. Be based on a cause of action in which the defendant can establish duty, breach, causation and loss.
A counterclaim is a claim like any other and these four essential elements of the cause of action are essential.
A claimant claims £125,000 from the defendant in the main claim. The defendant makes a counterclaim of £50,000 and, as the facts underlying the counterclaim give rise to a set off, the defendant also raises this in defence to the main claim. Assuming both claimant and defendant win their respective claims, what will the final outcome be here?
A. The defendant will pay the claimant £175,000.
B. The claimant will pay the defendant £75,000.
C. The claimant will pay the defendant £50,000.
D. The defendant will pay the claimant £75,000.
E. The defendant will pay the claimant £125,000.
D. The defendant will pay the claimant £75,000.
The defendant will owe the claimant the £125,000 the claimant was awarded in their claim, less the £50,000 the defendant was awarded from the claimant in the counterclaim and which will be deducted by way of set off. The balance is £75,000.
A reply…
Is a compulsory statement of case for the claimant following the service of a defence and counterclaim.
A. Should be filed within 14 days after service of the defence.
B. Will usually be followed by further statements of case such as an amended defence.
C. Will be served by the claimant after the defence only if the claimant wishes to allege facts in answer to the defence which were not originally included in the claim.
D. Is a compulsory statement of case for the claimant following the service of a defence.
C. Will be served by the claimant after the defence only if the claimant wishes to allege facts in answer to the defence which were not originally included in the claim.
The reply is an optional statement of case and will only be served if needed. Please see CPR 15.8.
C is suing D1 and D2. D1 has the following claims: i) a counterclaim against C based on an unpaid invoice; and ii) a claim against D2 for a contribution or indemnity in respect of any damages D1 is ordered to pay to C.
What type of additional claim is D1’s claim against D2?
A. A counterclaim against a person other than the claimant
B. An additional claim for a remedy other than a contribution or indemnity against an existing party
C. An additional claim for a contribution or indemnity against a third party
D. An additional claim for a contribution or indemnity against an existing party
E. A classic counterclaim.
D. An additional claim for a contribution or indemnity against an existing party
D1’s claim against D2 is a claim against an existing party for a contribution or indemnity (CPR 20.6
C is suing D1 and D2. D1 brings an additional claim against E (CPR 20.7). In the proceedings E will be referred to as…
A. The Third Defendant.
B. The Additional Claim Defendant.
C. The Third Party.
D. The Part 20 Defendant.
E. The Fourth Party.
C. The Third Party.
Additional parties will be referred to in accordance with the order in which they are joined to the proceedings (20 PD 7.4). E is the first additional party to join the proceedings so is the Third Party.
C is suing D. D brings an additional claim (CPR 20.7) against E. If E fails to respond to the additional claim within the applicable time limits…
A. D will be able to apply for default judgment against E in the additional claim and E will be bound by the judgment given at the trial of the main claim between C and D in so far as it is relevant to the issues in the additional claim.
B. D will be able to apply for summary judgment against E in the additional claim and E will be bound by the judgment given at the trial of the main claim between C and D in so far as it is relevant to the issues in the additional claim.
C. E will be deemed to intend to defend the additional claim but will be bound by the judgment given at the trial of the main claim between C and D in so far as it is relevant to the issues in the additional claim.
D. D will not be able to apply for default judgment but E will be deemed to admit the additional claim and will be bound by the judgment given at the trial of the main claim between C and D in so far as it is relevant to the issues in the additional claim.
E. D will not be able to apply for default judgment but E will be deemed to admit the additional claim. D will still need to prove any issues from the main claim between C and D in so far as they are relevant to the issues in the additional claim.
D. D will not be able to apply for default judgment but E will be deemed to admit the additional claim and will be bound by the judgment given at the trial of the main claim between C and D in so far as it is relevant to the issues in the additional claim.
The additional claim will have been accompanied by an acknowledgment of service form and response pack and needs to be responded to in the usual way, failing which it will be deemed admitted as described in this option (CPR 20.11(2)).
C issues and serves a claim on D Limited following extensive dealings with the managing director of D Limited. D Limited defends the claim and the claim is now at the exchange of evidence stage. Although the claim was in time when issued, the limitation period has now expired. It transpires that the claim form mistakenly names the defendant as E Limited rather than D Limited.
Will C be able to amend the claim form to substitute E Limited with D Limited?
A. C will be permitted to amend the claim form but only if D Limited consents to this.
B. C will not be permitted to amend the claim form as E Limited is a completely different entity and has a different identity from D Limited.
C. C will be permitted to amend the claim form as the limitation period was current when the original claim was issued.
D. C will not be permitted to amend the claim form as the limitation period for this has now expired and this would be a new claim against D Limited which is out of time.
E. C will be permitted to amend the claim form changing E Limited to D Limited as this was a mistake in name only with no doubt as to the actual identity of the defendant.
E. C will be permitted to amend the claim form changing E Limited to D Limited as this was a mistake in name only with no doubt as to the actual identity of the defendant.
This situation falls within CPR 17.4(3). D Limited was always the intended defendant and the mistake causes no reasonable doubt as to the identity of the defendant.
Permission to amend the particulars of claim to add a party after the claim form has been served but before the limitation period has expired should be given if…
A. The amendment is made not too close to the trial date.
B. The amendment is ‘necessary’.
C. The amendment is ‘desirable’.
D. The claimant has a reasonable prospect of success in the claim against the new party.
E. The amendment is agreed by all other parties.
C. The amendment is ‘desirable’.
Amended statements of case must…
A. Use margin references to indicate where amendments have been made.
B. Use a numerical code for amendments.
C. Show the original text as well as the new text.
D. Use coloured amendments.
E. Be verified by a statement of truth unless the court orders otherwise.
E. Be verified by a statement of truth unless the court orders otherwise.
When is the court most likely to make an order for further information?
A. After a voluntary request to the other party has been refused or not responded to.
B. After the parties have reached an agreement about the request.
C. After the parties have indicated that no further information is required.
D. After the party seeking the information has made the request to the other party on the telephone.
E. After the parties have complied with the overriding objective.
A. After a voluntary request to the other party has been refused or not responded to.
It is correct to say that the court is most likely to make an order for further information after a voluntary request to the other party has been refused or not responded to. The court expects the parties make requests on a voluntary basis first and the parties should only make an application to the court for an order under CPR 18.1 if the request cannot be resolved – see 18 PD 1.
The other answers are incorrect:
After the parties have complied with the overriding objective. Parties are expected to comply with the overriding objective at all times and it will always be a factor that the court takes into account when making an order, but it is not the ‘reason’ for the court making an order here.
After the parties have reached agreement about the request. If the parties have reached agreement, they do not need a CPR 18.1 court order – 18 PD 1.
After the party seeking the information has made the request to the other party on the telephone. The party seeking information should serve a written request on the other party stating a date for a response (and allowing the other party a reasonable amount of time to respond) – 18 PD 1.
After the parties have indicated that no further information is required. If no further information is required by either party, they do not need a CPR 18.1 court order – 18 PD 1.
When an application for an order for further information is made to the court, it should be made as…
A. The use of the court’s general case management powers – CPR 3.1
B. An amendment to a statement of case – CPR 17
C. An interim application – CPR 23
D. The court’s allocation to track – CPR 26
E. Relief from sanctions – CPR 3.9
C. An interim application – CPR 23
The correct answer is that an application for an order for further information is made as an interim application pursuant to CPR 23. The application should be made as an interim application under CPR 23 (18 PD 5).
The other options were incorrect:
The use of the court’s general case management powers – CPR 3.1
Relief from sanctions – CPR 3.9
The court’s allocation to track – CPR 26
An amendment to a statement of case – CPR 17
These relate to other types of application.
A party can obtain further information from the other party to clarify or give additional information in relation to any matter…
A. Which is contained in or referred to in a particulars of claim.
B. Which is contained in or referred to in a defence.
C. Which is contained in or referred to in a witness statement.
D. Which is contained in or referred to in a statement of case.
E. Which is in dispute in the proceedings
E. Which is in dispute in the proceedings
The correct answer is that a party can obtain further information from the other party to clarify or give additional information in relation to any matter which is in dispute in the proceedings as explained at the beginning of this element.
The incorrect answers are:
Which is contained in or referred to in a statement of case.
Which is contained in or referred to in a defence.
Which is contained in or referred to in a particulars of claim.
Which is contained in or referred to in a witness statement.
The definition is broader than these options. The request is often in relation to a matter contained or referred to in a statement of case, but the court’s power is not limited to matters contained or referred to in a statement of case (or to any other particular document).
