DR Flashcards

Question

Match the limitation period to the causes of action below by placing the appropriate letter in the blank. Each letter may be used more than once or not at all. A - 1 year B - 3 years C - 5 years D - 6 years 1. A claim for breach of contract 2. A claim for civil battery 3. A claim for personal injury

Answer 1

1. 6 years 2. 6 years 3. 3 years

Answer 2

SPECIAL CASES - WHEN PERIOD BEGINS * * Minors - on 18th birthday Mental incapacity - when incapacity is removed * Fraud or concealment - when fraud or concealment was discovered or should have been discovered * Mistake - when mistake was discovered or should have been discovered

Answer 3

G) 6 years from 21 June 2019

Answer 4

Answer: To enable parties to gather necessary information, engage in negotiations, make settlement offers, and prepare for court proceedings if needed, all aimed at resolving disputes without litigation. Example: Before suing a software company for a malfunctioning booking system, a hotel owner must follow the pre-action protocol by sending a detailed claim letter and considering ADR options.

Answer 5

Answer: Writing a claim letter, responding within a reasonable timeframe, disclosing relevant documents, considering joint expert evidence, exploring ADR, and reassessing positions before litigation. Example: In a dispute over a construction defect, both parties must share key documents like the contract and inspection reports and consider appointing a joint construction expert.

Answer 6

Answer: Courts may penalize non-compliant parties by adjusting the legal costs recoverable, especially if non-compliance affects the potential for settlement. Example: If a claimant refuses ADR and proceeds to litigation, they might not recover all legal costs even if they win, due to non-compliance with the pre-action protocol.

Answer 7

Answer: Applications for pre-action disclosure of documents or inspection of property, used when such information is necessary to properly investigate a claim. Example: After an accident with a factory machine, a worker might apply for pre-action disclosure of the machine's maintenance records.

Answer 8

Answer: The parties need to agree on the costs as part of the settlement since it's resolved early and costs are generally lower than full litigation. Example: If a dispute over faulty software is settled during the pre-action phase, the parties must negotiate who covers the costs incurred up to that point.

Answer 9

STEPS IN PROTOCOL: 1. Claimant writes to Defendant with concise details of claim 2. Defendant responds in reasonable time 3.Disclosure of key documents 4.Court permission required for expert evidence 5. Parties consider alternative dispute resolution (ADR) 6. Take stock of positions before court action

Answer 10

DIFFERENCES BETWEEN PI PrOTOCOL AND STANDARD *Disapply protocol by agreement and for good reason *Appoint protocol referee *Parties should meet to narrow issues

Answer 11

PARTY DOES NoT COMPLY WITH PROTOCOL * Sanctions Adverse cost consequences

Answer 12

The answer: that the documents are necessary for the party to investigate the claim properly. Relevance: The documents sought are relevant to the potential claim and likely to support the person's case or adversely affect the case of the party in possession of the documents. Necessity: The inspection of these documents is necessary for disposing fairly of the anticipated claim, or for saving costs. The person must show that without access to these documents, they cannot fully understand their position, or properly prepare their claim. Proportionality: The request for document inspection is proportionate to the nature of the case, considering the importance of the documents, the complexities of the issues involved, and the likely costs associated with the inspection. Specificity: The person must be able to specify the documents or classes of documents they seek to inspect, rather than making a broad or speculative request. Jurisdiction and Legal Basis: The person must establish that the court has the jurisdiction and there's a legal basis under the rules of civil procedure or specific statutes that allow for such pre-action discovery.

Answer 13

(c) To promote settlement of claims without litigation, and where that is not possible, to lay the groundwork for proceedings

Answer 14

A1: By completing a Claim Form and submitting it to the court, which then issues the claim and assigns it a number, stopping the limitation period. Example: Jane fills out a Claim Form regarding a breach of contract dispute with her supplier and submits it to the court. The court issues the claim, giving it an official number and halting the limitation period.

Answer 15

A2: When the claim is valued over £100,000 (or £50,000 for personal injury cases), involves complex issues, or has significant public importance. Example: A technology startup sues a competitor for breach of a complex software development contract worth £150,000, choosing the High Court due to the claim's value and complexity.

Answer 16

A3: Personal injury, breach of contract, negligence, and more. It includes the Technology and Construction Court for construction-related claims over £250,000 and the Commercial Court for complex business disputes. Example: A construction company involved in a £300,000 dispute over building defects issues its claim in the Technology and Construction Court within the Queen's Bench Division.

Answer 17

A4: It deals with equity and trusts, commercial fraud, intellectual property, and more, including specialist courts for bankruptcy and company law. Example: An inventor files a claim in the Chancery Division against a former business partner for infringing on an intellectual property agreement.

Answer 18

A5: Through the County Court Money Claims Centre for debt-related cases, or by completing an N1 form for unspecified claims. Example: Emily, a freelance graphic designer, uses the online Money Claim Form to issue a claim against a client who failed to pay £2,000 for her services, routing it through the CCMCC.

Answer 19

REASONS CLAIM SHOULd START IN HIGH COURT * Value of claim/amount in dispute * Complexity of facts, issues, remedies, or procedures Importance of outcome

Answer 20

* (A) A claim for false imprisonment against the police arising out of incorrect detention of a suspect, where the claimant seeks £50,000 in damages. A) is correct. Despite the fact that only £50,000 is sought, it is important for the public to know that the police do not abuse their power to detain suspects. On the other hand, whilst (B) involves more than £100,000, supplying goods not within their description seems straightforward. There is nothing obviously complex about it.

Answer 21

* Defamation * Breach of contract * Negligence * Personal injury * Land possession * Non-payment of debts

Answer 22

* Equity and trusts * Commercial fraud * Tax * Intellectual property * Land * Business disputes * Contentious probate Regulatory work * Bankruptcy * Professional negligence

Answer 23

Answer 24

(B) High Court, Queen's Bench Division (Technology and Construction Court)

Answer 25

(A) High Court, Queen's Bench Division

Answer 26

* (E) High Court, Chancery Division (Companies Court)

Answer 27

* (C) High Court, Queen's Bench Division (Commercial Court)

Answer 28

A1: The first step is for the claimant's solicitor to complete a claim form, indicating the court for issuing the claim and stopping the limitation period from running. Example: Sarah's solicitor completes an N1 claim form for her breach of contract case against a supplier, indicating the County Court as the issuing court.

Answer 29

A2: The claim form must include the court in which the claim is to be issued, parties' names and addresses, a concise statement of the claim and remedy sought, and a statement of value. Example: In a claim form for a personal injury case, John includes the High Court as the issuing court, detailed names and addresses, a brief description of the injury and compensation sought, and a statement that he expects to recover more than £50,000.

Answer 30

A3: The statement of truth is a declaration that the facts stated in the claim form are true, and it must be signed by the party or their legal representative. Example: Jane, as the claimant, signs a statement of truth on her claim form, declaring her belief in the accuracy of the presented facts regarding a property dispute.

Answer 31

A4: Court fees are based on the amount of damages claimed, with a 5% fee for claims between £10,000 and £200,000, and a set fee of £10,000 for claims exceeding £200,000. Example: For a breach of contract claim valued at £150,000, the court fee would be 5% of the claim value, amounting to £7,500.

Answer 32

A5: The particulars of claim may be included on the claim form in simple debt recovery and breach of contract claims but are usually served as a separate document in more complex cases. Example: For a straightforward debt recovery case where a client owes £5,000, the particulars of claim detailing the debt and demand for payment might be included directly on the back of the claim form.

Answer 33

Correct (A) and (B) would not be valid names under which to file a claim. Since you know my name is Daniel James Hill, and you know we need full, official names, Danny just won't do. Similarly, Dan Hill and Associates appears to use an informal name. Note that Associates is not how we indicate a formal partnership name, either—we need "(a firm)". Option (C), Daniel James Hill, Ltd., seems OK (assuming that I have a limited company that is named Daniel James Hill, Ltd.). Option (D) shows the right form of name to use if I am trading under the name Dany & Sons.

Answer 34

COUNTY COURT AMOUNT STATEMENTS: * Not more than £10,000 More than £10,000; or * More than £25,000

Answer 35

HIGH COURT AMOUNT STATEMENTS: * More than £100,000 for non-personal injury claims or * £50,000 or more for personal injury claims

Answer 36

DISREGARD * Interest * Costs * Contributory negligence * Counterclaims

Answer 37

The answer is D. This is a question that I wanted you to think about a little more. On the claim form for a County Court claim, you use one of the three phrases I gave you: Not more than £10,000, More than £10,000, or More than £25,000. Because we don't count costs, this is a claim for £23,000. Therefore, we would use: More than £10,000.

Answer 38

If the claimant signs the statement of truth, it begins with the words "I believe." If the claimant is a company or partnership, one of the directors or partners should sign and include the additional wording "I am duly authorised by the claimant to sign this statement." If, in an exceptional case, the solicitor signs, the form should begin "the claimant believes" and they include the additional wording "I am duly authorised by the claimant to sign this statement."

Answer 39

* (A) Part 7

Answer 40

A1: Within England and Wales, the time limit is 4 months from the date of issue. For international service, it's 6 months. Example: If a claim form is issued on January 1st, it must be served by May 1st within England and Wales, and by July 1st internationally.

Answer 41

A2: Either the court or the claimant's solicitor can serve the claim form. Methods include personal service, service on nominated solicitors, service by fax, DX, or email (with consent). Example: A solicitor serving a claim form on a defendant's nominated solicitor after the defendant has indicated this preference in written communication.

Answer 42

A3: Deemed service is presumed to occur on the second business day after the required service step is completed, excluding weekends and bank holidays. Example: If a claim form is posted on a Monday, it is deemed served on the following Wednesday.

Answer 43

A4: Permission is required for all locations outside the UK, except Scotland and Northern Ireland, and when specific conditions apply. Example: Seeking court permission to serve a claim form on a defendant residing in France, as it involves serving outside the UK's jurisdiction.

Answer 44

A5: Alternative service is authorized by the court in situations where standard service methods are inadequate or have failed, using any method the court deems suitable. Example: The court allowing service by email for a defendant whose physical address is unknown or inaccessible, despite the lack of express consent for email service.

Answer 45

WHAT: * Medical reports * Schedules of past and future losses and expenses * Notice of funding * Litigation friend certificate of suitability * Response pack (acknowledgment of service, defend or contest jurisdiction) How: The court uses mail to serve The solicitor has other methods of service

Answer 46

No. Be careful not to get lost in facts in a question like this one. The rule is simple—if a party has nominated solicitors to receive process, service must be on the solicitor.

Answer 47

This second example is referring to a document other than the claim form. For a CLAIM FORM in this example, the date would begin on Sunday and deemed service would be on the following Tuesdsay [2nd business day after personal service].

Answer 48

The correct answer is: Yes. Even though Davidson Limited's solicitors made it clear in pre-action correspondence that they were nominated to accept service, a company may still be served personally by serving documents at the company's registered office. Therefore, service was valid.

Answer 49

The correct answer is (C), Thursday. Davidson would be considered served 2 days after the relevant step required for service. Here, since Davidson was served personally, the relevant step was handing him the papers on Tuesday. Two business days later is Thursday. Note that it does not matter that Davidson threw the papers on the ground, so long as he was handed the papers and told of their nature.

Answer 50

O (D) Fourteen days If the claim form does not include the Particulars of Claim, they must be served within 14 days of service of the claim form (or within four months of issuance of the claim, if that date is earlier).

Answer 51

A1: The defendant has 14 days from the date of deemed service of the particulars of claim to respond. Example: If the deemed service date is April 1st, the response is due by April 15th.

Answer 52

A2: The defendant can admit the claim, file a defense, or file an acknowledgment of service. Example: In a breach of contract case, the defendant may choose to admit liability for failing to deliver goods as agreed.

Answer 53

A3: The court issues a judgment order for the amount due, including interest and fixed costs, which the defendant is then required to pay. Example: A defendant admits owing £5,000 in unpaid invoices, leading to a court-ordered payment including interest.

Answer 54

A4: By filing an acknowledgment of service within 14 days of receiving the particulars of claim, extending the defense filing deadline to 28 days. Example: A complex negligence claim requires more time for defense preparation, prompting the defendant to file an acknowledgment of service.

Answer 55

A5: If the defendant demonstrates a real prospect of successfully defending the claim or provides another good reason why the judgment should be set aside. Example: A default judgment was entered while the defendant was hospitalized and unable to respond; the defendant applies to set it aside, showing evidence of a potential defense.

Answer 56

DEFENDANT'S RESPONSE TO PROCEEDINGS * Admit the claim * File and serve a defence * File an acknowledgement of service

Answer 57

ADMITTING A SPECIFIED CLAIM * Pay, if within 14 days, judgment is NOT recorded * Ask for time to pay or to pay in instalments§

Answer 58

(B) Yes, because this will be considered a claim for an unspecified amount. A claim for damages is considered to be a claim for an unspecified amount. If the defendant admits liability on an unspecified claim but not the amount of damages, the court will set a hearing to determine damages. Note that generally, only debt claims are considered to be specified claims (for example, a claim that the contract called for payment for £5,000, which remains unpaid).

Answer 59

ADMITTING AN UNSPeCIFIED CLAIM * Case is stayed * Court will determine damages

Answer 60

The correct answer is (B). Don't worry if you didn't get this right—that's why I brought it to your attention again. Generally, a defendant can file a defence up to 28 days after they are deemed served with the Particulars of Claim, provided they file an acknowledgement of service within 14 days of deemed service. The defendant will have 56 days in which to serve a defence only if they ask the claimant or court for an additional 28 days and the request is granted.

Answer 61

False, The deemed date of service is two business days after the documents for service are posted.

Answer 62

The correct answers are (A), (C), and (E). For a court to grant an application for default, the court must be satisfied that the defendant has a real prospect of successfully defending the claim (A), the defendant must show a good reason why the judgment should be set aside (C), and the defendant must act diligently (E). While it is advisable to include at least a draft of a defence with the application, (B), a defendant is not required to do so. And neither is there a requirement that the reason be something more serious than a regrettable mistake (D).

Answer 63

A1: To ensure cases are handled fairly and proportionately, aiding judges in early issue identification and efficient trial management. Example: In a case where particulars of claim ambiguously describe a contract breach, a more detailed revision may be necessary to align with the overriding objective.

Answer 64

A2: Interest can be claimed based on contract terms, statutory interest rates, or at the court's discretion, typically starting from the breach date or loss occurrence. Example: In a breach of contract case filed on April 1, 2023, claiming £10,000 in damages, the claimant might also seek annual interest at 8% from the breach date until payment.

Answer 65

A3: A defense should admit, deny, or neither admit nor deny each allegation, providing a basis for denial and an alternative version of events for contested claims. Example: If a defendant is accused of negligence in a car accident claim but believes the claimant was at fault, the defense would deny the negligence allegations and detail the claimant's contributory negligence.

Answer 66

A4: A Part 20 claim allows a defendant to bring additional claims for liability sharing, indemnities, or contributions against third parties or the claimant, often requiring court permission. Example: In a construction defect lawsuit, a contractor sued by a property owner might file a Part 20 claim against a subcontractor responsible for the faulty work.

Answer 67

(A) and (C) are correct. A defendant may refuse to admit or deny (that is, make a 'non-admission' with respect to) an allegation that goes to a matter outside the defendant's knowledge. In (B), the defendant should know whether or not it is incorporated in Germany and so the defendant must either admit this allegation or deny it. (A) can go either way—if the defendant saw the claimant and thinks they know whether the claimant was driving within or above the speed limit, the defendant should either admit or deny this allegation. But if the defendant did not see the claimant’s car or otherwise could not judge the car’s speed, then the defendant should make a non-admission. (C), on the other hand, is information the defendant would almost definitely not know, and so the defendant would make a non-admission for this.

Answer 68

A5: Amendments post-service require court permission or consent from all parties, especially for significant changes like adding or removing parties. Example: If new evidence reveals an additional liable party after the original claim filing, the claimant would need court permission to amend the claim to include this new party.

Answer 69

All are correct. I just wanted to gather this information into one place for you. Part 20 may be used by a party to make a counterclaim against another party, by a party to bring in a third party as a new defendant, and/or to make a claim that a party or non-party should pay some (contribution) or all (indemnity) of a claim if the defendant is held liable for damages.

Answer 70

(D) The claimant should file and serve a reply to the defence making it clear that they firmly deny the allegation that the defendant made a call cancelling the instruction, putting the defendant to strict proof with regard to this allegation.

Answer 71

A1: Claims are allocated based on their financial value and complexity: Small Claims Track for claims up to £10,000, Fast Track for £10,000 to £25,000, and Multi-Track for over £25,000 or complex cases. Example: A claim worth £8,000 for unpaid invoices would likely be allocated to the Small Claims Track, given its value and potential straightforwardness.

Answer 72

A2: Parties must outline details for ADR consideration, compliance with pre-action protocols, expert evidence requirements, witness lists, trial length estimates, and anticipated costs. Example: In a property dispute case, parties would detail any mediation attempts, list potential witnesses like surveyors, and estimate trial duration based on the complexity.

Answer 73

A3: Non-compliance can lead to sanctions such as striking out parts of the case, cost penalties, or restrictions on evidence. Parties can apply for relief from sanctions based on the breach's seriousness and reasons. Example: If a party fails to disclose documents by the set deadline, the court might issue an 'unless order' stipulating document disclosure by a new deadline or face having their defense struck out.

Answer 74

A4: A CMC reviews case progress, compliance with directions, necessary further steps, and encourages settlement. It allows for in-depth discussion on complex cases' management. Example: In a complex commercial dispute, a CMC would address specific disclosure needs, potential expert testimony areas, and set a realistic timeline towards trial.

Answer 75

A5: The court assesses the breach's seriousness, reasons for non-compliance, and the case's overall circumstances, focusing on efficient and proportionate litigation conduct. Example: A defendant who missed a filing deadline due to a documented serious medical emergency might apply for and be granted relief from sanctions, allowing them to proceed with their defense.

Answer 76

You could have touched on the fact that procedure is simplified (as some Civil Procedure Rules don’t apply), the rules of disclosure are different, the parties don’t necessarily have to attend the hearing, costs are limited, and expert fees cannot exceed £750. * Small Claims hearing may take place without parties in attendance * Recoverable costs restricted to fixed costs and reasonable expenses * Expert fees usually restricted to £750

Answer 77

APPLICATION TO SET ASIDE DECISION BY PARTY NOT IN ATTENDANCE * Application must be made within 14 days of service of the order * Party must prove they had good reason for not attending * Party's claim or defence must have reasonable prospect of success

Answer 78

FAST TRACK FEATURES * Restriction on expert advice * Joint experts are encouraged * Emphasis on written evidence

Answer 79

False. Generally, a contract claim for £22,000 will be heard in the fast track. However, if trial of the claim will take more than one day, the case usually will be allocated to the multi-track. Note that not all multi-track claims are heard in the High Court. Generally, only multi-track claims involving £100,000 or more are heard in High Court.

Answer 80

MULTI- TRACK FEATURES * Court expects parties to discuss and agree to directions * Greater flexibility for judge to make decisions Stays for alternative dispute resolution are encouraged * Flexibility for experts

Answer 81

CCMC-COSTS AND CASE MANAGEMENT CONFERENCE * Recoverable costs must be proportional to amount in dispute and the parties* approach to the claim must be reasonable * Case summaries and skeleton arguments may be required

Answer 82

DIRECTIONS QUESTIONNAIRE * Return in 28 days * No agreed extensions * Purpose: provide court with information, enabling it to allocate the case and make directions to achieve overriding objective

Answer 83

MATTERS ADDRESSED * Stay for ADR * Whether parties have complied with pre-action protocol * Whether experts are required * Names of witnesses and issues to which their evidence relates * Estimate of length of trial *Anticipated costs of proceedings

Answer 84

SMAlL CLaImS TRACK STANDARD DIRECTIONS * Documents to be exchanged * Documents to be filed or brought to court * Provision for final hearing date * Encouragement to agree claim * Experts require express permission

Answer 85

FAST TRACK STANDARD DIRECTIONS * Disclosure of required information *Witness statements *Any exchange report *A pre-trial checklist to determine compliance * Date of trial

Answer 86

MULTI - TRACK CASES Timetable and directions vary depending on complexity of case

Answer 87

CASE MANAGEMENT CONFERENCE (CMC) Court will: * Review steps taken to progress the claim * Review compliance with directions * Consider any further directions or orders Encourage agreement where possible

Answer 88

DIRECTIONS MAY INCLUDE: * Time limits for responding to any requests for further information * What disclosures must be made * The number of witnesses the parties may call and provision for exchange of witness statements * Whether experts may be used

Answer 89

UNLESS ORDER Directs the party to comply within a specific timescale and specifies the penalty unless order is complied with

Answer 90

RELIEF FROM SANCTIONS The court will consider: * Seriousness of breach Why the breach occurred * The circumstances of the case * Efficiency and proportionality

Answer 91

(B) is correct. Directions for fast track cases will set the trial date within 30 weeks.

Answer 92

(C) is correct. Multi-track cases are more complex than small claims or fast track cases. Therefore, multi-track cases require more court involvement, and the court gets involved through Case Management Conferences (CMCs). Fast track and small claims tracks do not require CMCs.

Answer 93

(A) is correct. Expert fees are restricted to £750 in small claims cases. Fast track cases restrict expert evidence in a different way—joint experts are encouraged, and the emphasis is on written evidence. In multi-track cases, the court will look at expert costs and decide what is needed on a proportionality basis.

Answer 94

(B) is correct. An order that directs a party to comply with a direction and that specifies the penalty for failure to comply is called an ‘unless order’.

Answer 95

C) is correct. The precise sanction to be imposed for failure to comply with a direction is within the court’s discretion. The judge will balance the interests of justice with prejudice to the party in determining the appropriate sanction. (A) and (B) are wrong. There are no “do X, get Y” sanctions specified within a statute or the CPR. (D) is also wrong. Courts have a number of discretionary sanctions available—such as barring evidence, restricting the number of witnesses, and striking a claim—in addition to imposing costs. In determining the appropriate sanction, the court will try to balance interests of justice against striking out the party’s claim.

Answer 96

A1: An interim application is a court application made before a trial to address urgent issues, preserve the status quo, or ensure fairness. It's used to handle matters that cannot wait until the final resolution of the case. Example: Requesting a freezing order to prevent a defendant from dissipating assets before the conclusion of a fraud case.

Answer 97

A2: A summary judgment application is made using an application notice and must be supported by written evidence. The applicant must prove the other party has no real prospect of success on the claim or issue and there's no other compelling reason for a trial. Example: A defendant applies for summary judgment in a breach of contract case, arguing the claimant's evidence fails to establish a breach occurred.

Answer 98

A3: An interim payment application requires detailed evidence, including the amount sought and its justification. It can be granted if liability is admitted, judgment is obtained but not quantified, or there's a good chance of a substantial final judgment. Example: A claimant in a personal injury case applies for an interim payment to cover urgent medical expenses after the defendant admits liability.

Answer 99

A4: An interim injunction requires an application notice, often made urgently, and may require an undertaking in damages. It necessitates showing the matter's urgency and that justice demands the injunction. It aims to prevent harm or preserve the status quo. Example: Applying for a prohibitory injunction to stop a company from using stolen trade secrets pending the outcome of a intellectual property dispute.

Answer 100

APPLICATION REQUIREMENTS * * In writing On notice (usually) - As soon as practicable - 3 days before hearing at least * State what is being sought * State why application is being sought

Answer 101

(A) is incorrect - that is how long the respondent has to respond in the atypical case - the case where they were not given notice before the hearing on the application. (C) is correct.

Answer 102

Summary Judgment by defendant - Claimant has no real prospect of succeeding on the claim or issue Summary Judgment by claimant - Defendant has no real prospect of successfully defending on the claim or issue

Answer 103

WRITTEN EVIDENCE MUST BE SERVED BY: *Applicant at least 14 days before hearing * Respondent at least 7 days before hearing * Applicant at least 3 days before hearing when replying to respondent's evidence

Answer 104

"SUMMARY" OF SUMMARY JUDGMENT: Burden of proof on applicant * Other party has no real prospect of prevailing * No other compelling reason case should proceed

Answer 105

(1) The other party has no real chance of prevailing; and (2) There is no other compelling reason why the case should proceed.

Answer 106

Application for interim payment cannot be made until the time for filing the acknowledgement of service has expired

Answer 107

WRITTEN EVIDENCE MUST CONTAIN: * * Sum of money sought Items and matters for which payment is sought Estimate of a final judgment In a personal injury case: Medical reports and schedule of loss

Answer 108

When the time for filing an acknowledgement of service expires and not less than 14 days before the hearing.

Answer 109

BASIC INJUNCTION TYPEs * Mandatory injunction: An order to do something * Prohibitory injunction: An order to refrain from doing something

Answer 110

GROUNDS FOR DISCHARGING INJUNCTION * Material non-disclosure * Failure of claimant to comply with terms on which injunction was granted Facts do not justify injunctive relief * Injunction was oppressive * Material change in circumstances * Failure of claimant to prosecute claim with due speed

Answer 111

TO GRANT A FREEZING INJUNCTION: * There is a justifiable cause of action * The defendant has assets within the jurisdiction * There is a real risk that the defendant may dispose of or dissipate those assets before judgment can be enforced

Answer 112

THREE BASIC GROUNDS: 1. Strong prima facie case for underlying claim 2. Defendant's activities must cause very serious potential or actual harm to the claimant's interests 3. Clear evidence that property or documents are in the defendant's possession and may be destroyed

Answer 113

OVERSEEING SOLICITOR WILL: * Offer to explain meaning and effect of the order to defendant * Inform the defendant of rights to seek legal advice and to apply to vary or discharge order * Prepare a written report and provide it to claimant's solicitors and the court

Answer 114

CLAIMANT'S SOLICITOR WILL: * Return original documents to defendant within two days * Deliver any property in dispute to defendant's solicitors * Retain securely all other property until court directs otherwise

Answer 115

A) is correct. The applicant need not show that they have complied with the relevant pre-action protocol. This is not required due to the urgency of an application for a freezing injunction and the need to avoid putting the defendant on notice. All of the other options are requirements.

Answer 116

(D) is correct. Applications for freezing injunctions are made to the High Court.

Answer 117

False. Typically the applicant must serve notice of the application on the other party. Additionally, the application usually includes written evidence in support, which the applicant must serve on the other party at least 14 days before the hearing. If the respondent wishes to respond (and they usually do!) they must serve evidence in response at least 7 days before the hearing. And if the applicant wishes to reply to the respondent’s evidence, the applicant must serve any evidence in reply no later than 3 days before the hearing.

Answer 118

False. This is an order to pay money before a case has been finally determined. Courts have discretion to order an interim payment any time during the litigation, though a court usually won't make such an order unless the court is satisfied that if the action proceeds to trial, the claimant would obtain judgment for a substantial sum.

Answer 119

A1: Disclosure involves informing the other party about the existence and nature of relevant documents, while inspection allows the other party to examine these documents. Example: A party discloses the existence of email communications for legal advice but inspection allows the actual content of these emails to be examined, unless protected by privilege.

Answer 120

A2: A party must disclose documents they rely on, documents that adversely affect their own case, documents that adversely affect the other party's case, and documents that support the other party's case. Example: In a breach of contract case, a party would need to disclose the contract itself (relied upon), any internal communications admitting fault (adversely affects their case), and any correspondence from the other party that supports their position.

Answer 121

A3: A document is within a party's control if they currently possess it, have a right to possess it, have a right to inspect or take copies of it, or had it but no longer do. Example: A company must disclose not only the documents in their physical office but also those stored digitally on cloud services to which they have access.

Answer 122

A4: Standard disclosure requires parties to disclose documents they rely on, documents that adversely affect their case or the other party's case, and documents that support the other party's case. Example: In a personal injury claim, the claimant would need to disclose medical reports they rely on, any pre-existing medical records that might affect their case, and any admissions by the defendant that support their claim.

Answer 123

A5: Legal advice privilege protects communications between a solicitor and client made for the purpose of giving or receiving legal advice. Example: Emails between a client and their solicitor discussing the strengths and weaknesses of their case would be protected by legal advice privilege and not disclosed to the other party.

Answer 124

A6: Litigation privilege covers communications between a solicitor and third parties, or the client and third parties, made for the purpose of preparing for actual or contemplated litigation, provided there is a real likelihood of litigation. Example: A report prepared by an expert witness at the solicitor's request regarding the damages in a case would be covered by litigation privilege.

Answer 125

STANDARD DISCLOSURE * Documents on which a party relies * Documents that adversely affect their case

Answer 126

Probably not

Answer 127

O Probably

Answer 128

CONTROL: * * * Documents parties possess Documents parties have a right to possess Documents parties may inspect or copy Documents parties no longer have

Answer 129

REASONABLE AND PROPORTIONATE: * Nature of case * Its value * Its importance

Answer 130

STANDARD FORM HAS THREE SECTIONS *Documents in party's control that it does not object to the other party inspecting *Documents in the party's control that it does object to the other party inspecting *Documents no longer in the party's control, stating when they were last in its control and where they are now

Answer 131

PARTY MUST VERIFY AND SIGN: * Detailing extent of search * Declaring that they believe search reasonable * Explaining why particular search was not made

Answer 132

This statement is false. This isn't really a question about automatic disclosure vs specific disclosure, but rather it is a question about what we mean when we say disclosure of documents. That is something we covered at the very beginning of this module. It is important to remember that the term 'documents' includes papers, emails, electronic spreadsheets, and the like. The term specific disclosure refers to documents (in whatever form) that appear to be missing from a party's standard disclosure documents.

Answer 133

PRIVILEGES AND RELATED DOCTRINE * Legal advice privilege between a solicitor and client

Answer 134

PRIVILEGES AND RELATED DOCTRINE * Legal advice privilege between a solicitor and client * Litigation privilege relates to preparation for contemplated or actual litigation

Answer 135

1. C 2. A 3. B

Answer 136

PRIVILEGES AND RELATED DOCTRINE * Legal advice privilege between a solicitor and client * Litigation privilege relates to preparation for contemplated or actual litigation * Common interest privilege (unlikely to be tested) * Without prejudice privilege - communication to another party with a view to settling the claim

Answer 137

PRIVILEGES AND RELATED DOCTRINE Public interest doctrine - inspection would harm the nation or administration of justice

Answer 138

(C) The solicitor should disclose the emails in their disclosure statement, but they should assert a claim of privilege to prevent inspection.

Answer 139

A1: In civil cases, the standard of proof is the balance of probabilities. A claimant must prove that their version of events is more probable than not, using evidence such as documents and witness testimony. Example: In a breach of contract case, the claimant uses the contract document and witness testimony to prove that the defendant failed to fulfill their contractual obligations.

Answer 140

A2: A witness statement must include the witness's evidence in the first person, their relationship to the party, and a statement of truth. Example: A witness statement in a personal injury claim includes a detailed account of the accident from the claimant's perspective and a statement of truth confirming the veracity of the testimony.

Answer 141

A3: Hearsay evidence is generally admissible, but the court may give it less weight. The party intending to rely on hearsay must provide notice. Example: In an employment dispute, email communications between the employee and HR, not directly witnessed, are used as hearsay evidence to support the claim of unfair dismissal.

Answer 142

A4: Legal advice privilege protects communications between a solicitor and client made for the purpose of giving or receiving legal advice. Example: Emails between a client and their solicitor discussing legal strategies for an upcoming trial are protected under legal advice privilege and not disclosed to the opposing party.

Answer 143

A5: Hearsay evidence includes any statement made outside of court that's presented to prove the truth of its contents. Parties must give notice if intending to rely on hearsay evidence. Example: In a property dispute, a letter from a previous owner claiming ownership of a disputed land feature is hearsay. The current owner must give notice of their intention to use this letter as evidence.

Answer 144

THE STATEMENT MUST: * Include title of the case * Indicate on whose behalf the statement was made * Include the name and initials of the witness * Indicate whether they are a party or employed by a party * Set out the evidence the witness will adduce in the first person (for example *I saw this, I heard that") * Include a statement of truth

Answer 145

IF STATEMEnT IS NOT MADE BY A PARTY Statement should set out: Their relationship to the party * That they have authority to make the statement * That the statement is either from their own knowledge or matters of information or belief

Answer 146

True The client will either rely on the statements, in the case of the witnesses they propose to call at trial, or the statements may be adverse to the client's case, in which case they are unlikely to call the witness. But in either case, the drafts must be disclosed.

Answer 147

HEARSAY * A statement Made otherwise than by a person while giving oral evidence in proceedings Which is tendered as evidence of matters stated

Answer 148

Yes, Let's check it. Does it contain a statement made out of court? Yes, in fact it contains two out-of-court statements. First, the lorry driver said to check the goods carefully. Second, the lorry driver said that the seller said he was out of the goods ordered and the driver should take different goods. Are these statements being offered to prove the truth of what is being said in them? Yes, they are being offered to prove that the goods were not the goods ordered under the terms of the contract. Therefore, the testimony contains heresay.

Answer 149

False The statement is mostly true, but the result is not. Hearsay statements are allowed in civil trials, but because they are not subject to cross-examination and are less reliable, it is open for the court to give hearsay statements less weight.

Answer 150

IF WITNESS CANNOT ATTEND TRIAL The party relying on the statement: * Must serve notice * If witness statement served, still must explain absence * If no statement served, must serve notice identifying hearsay evidence and explaining why witness will not be called

Answer 151

IF WITNESS CANNOT ATTEND TRIAL The party served: * Can make application to court to have witness attend * Can serve notice to attack credibility of witness

Answer 152

EFFECT OF ADMISSION OR LACK OF ADMISSION * If facts are admitted, no need to prove them * If not admitted and proved at trial, the recipient of the notice to admit may be ordered to bear the cost of proving the fact

Answer 153

False. Generally, a layperson may not testify to an opinion, but an expert can.

Answer 154

True Let's test it. Is a statement made out of court offered to prove the truth of what is stated in the statement? Yes. Nevertheless, when a witness is in court and swears that the signature on the witness statement is theirs, the statement is now considered evidence in chief—as if the witness gave the evidence in court—and it is no longer hearsay.

Answer 155

The correct answer is (B). An application to court is not required. Whilst the witness statement itself serves as notice that the defendant will be relying on hearsay, because the witness will not be in court, the defendant must notify the claimant of that fact and give reasons. In response, if the claimant happens to know the clerk did not move to New York and instead pursued their dream of acting and waiting tables in London's West End, the claimant could make an application to the court within 14 days of receiving the notice for an order to the witness to attend the trial (if the claimant wants to cross-examine the witness).

Answer 156

(B) Yes, the party who proved the fact may be able to recover the costs of proving the fact. The correct answer is yes, the party who proved the fact may be able to recover the costs of proving the fact. That's the consequence—the winning party may be forced to pay some of the losing party's costs.

Answer 157

It is pretty much what it sounds like—correspondence sent by one party to another labelled as being 'without prejudice', and usually made with an eye toward settling the claim in some way. By labelling the claim 'without prejudice', the receiving party may not use the contents of the communication as evidence.

Answer 158

WHO IS AN EXPERT A person who has been instructed to give or prepare expert evidence for the purpose of proceedings It can be anyone with knowledge or experience of a particular field or discipline

Answer 159

Answer: A person can qualify as an expert based on their knowledge, experience, education, or training in a particular field relevant to the case. For example, a structural engineer could serve as an expert in a case involving building defects.

Answer 160

Answer: The opinion must be based on the expert's specialized knowledge and not on common knowledge, must be provided with a reasonable degree of certainty, and the expert must demonstrate the basis of their opinion. For instance, a forensic accountant may provide an opinion on financial discrepancies in a fraud case, detailing their methodology and the data analyzed.

Answer 161

Answer: Experts owe a duty to the court that overrides any obligation to the instructing party, must remain objective and independent, and must ensure their evidence is not beyond scientific limitations. For example, a medical expert must impartially analyze and present the medical condition of a claimant in a personal injury case, regardless of who has hired them.

Answer 162

Answer: An expert's report must include their qualifications, the instructions received, the methodology used, any literature referred to, a declaration of their duty to the court, and a statement of truth. For instance, a biomechanics expert's report in a slip and fall case would detail their analysis of the incident, including any simulations or tests conducted.

Answer 163

Answer: Expert evidence is usually presented through their written report and may include oral testimony if directed by the court. "Hot tubbing" refers to the concurrent examination of experts from both sides in court to clarify issues. For example, in a complex construction dispute, structural engineers from both sides may be examined together to discuss the technical aspects of the failure.

Answer 164

Answer: The purpose is for experts to discuss the issues in the case, identify areas of agreement and disagreement, and attempt to narrow down the disputed issues. The outcome is a joint statement summarizing the agreed and disagreed points. For example, environmental experts in a pollution case might meet to agree on the baseline environmental conditions before discussing the impact of the alleged pollution.

Answer 165

Yes, if the case requires an expert opinion on a carpentry matter. For example, if an issue in a case is whether a builder properly framed an extension to the claimant's house, a carpenter who never attended university could testify whether he believes the extension was properly framed.

Answer 166

REQUIREMENTS: * Opinion must not be within the ordinary experience of a judge * Expert must have true expertise in the field * Expert must give evidence to a reasonable degree of certainty * Expert must demonstrate basis of opinions and conclusions

Answer 167

B The expert need not be certified as an expert. There must be some basis for showing they have expertise, such as training, a degree, working in the field, and so on, but a formal certification is not required.

Answer 168

False. It is very important to remember that expert witnesses do not owe a duty to those who instruct them. Instead, they owe the court a duty of integrity and independence.

Answer 169

FOR EXPERT TO GIVE ORAL EVIDENCE * Evidence must be likely to impact outcome * Evidence must assist the judge * Risk of injustice if not tested * Costs are not disproportionate

Answer 170

False. Usually only the expert's written report will be used. The court will allow live testimony from an expert only if live testimony will likely impact the outcome, assist the judge, and the costs are not disproportionate; otherwise, injustice may result.

Answer 171

False. To call an expert witness, permission must be sought from the judge at a Case Management Conference. A joint expert will be encouraged, but in complex cases, each party will usually be granted permission to have their own expert testify. Keep in mind that regardless of who hires the expert, the expert still owes a duty of integrity and independence to the court.

Answer 172

No. The request was inappropriate because it was made out of time. The deadline for submitting questions is within 28 days of service of the report. If the solicitor felt they needed more time to persue the report and formulate questions, they should have applied to the court for an extension, stating their reasons.

Answer 173

(A) is the correct answer. In a case involving large sums of money and complex manufacturing issues, separately instructed experts are likely. Proportionality is a common argument used to justify a party calling its own expert. (B) is incorrect because this is not a true statement—parties do not have a right to call expert witnesses and must always seek permission from the court. (C) is incorrect. It forces you to make a judgment call between it and (A). Usually, the examiners will not make you make a judgment call based on facts, but they will if the call is obvious. £10,000 vs several million pounds would be a proportionate cost. The first part of (D) is true, but it does not take 'compelling' circumstances for a court to allow parties to call their own experts. In deciding whether to allow 'own experts', the court will balance the circumstances, considering things such as the value of the case, the complexity of the issues, whether costs are proportionate, whether the testimony goes to the heart of the dispute, and whether there is more than one school of thought about the issue in question.

Answer 174

No It is inappropriate for a solicitor to attend the expert's meeting. It doesn't matter that the request has come from the expert and is limited to procedural advice.

Answer 175

Answer: A Tomlin Order is a consent order that outlines agreed settlement terms, staying the proceedings while allowing the case to be reopened if the settlement terms are not fulfilled, avoiding the need to start new proceedings. Example: If two businesses settle a dispute over a contract breach, they might use a Tomlin Order to agree that one party will pay damages to the other, with the case staying on hold unless the payment is not made as agreed.

Answer 176

Answer: A pre-trial review ensures parties are prepared for trial, checking compliance with court orders, approving the trial timetable, giving case management directions, ordering trial bundle preparation, and setting the trial date if not already done. Example: In a complex property dispute, a pre-trial review might be used to ensure both parties have exchanged all necessary documents, witness lists are finalized, and any outstanding issues are resolved before trial.

Answer 177

Answer: A witness summons is a court order that requires a witness to attend court to give evidence. It ensures witness attendance at trial, and failure to comply can result in contempt of court charges. Example: In a personal injury case, a witness who saw the accident might be reluctant to come to court. A witness summons can be used to legally oblige them to attend and share their testimony.

Answer 178

Answer: Witnesses are examined through evidence-in-chief, where they confirm their witness statement; cross-examination, where the opposing side questions them to challenge their testimony; and re-examination, to clarify points from cross-examination. Example: In a defamation trial, the claimant's witness might first confirm their statement (evidence-in-chief), then be questioned by the defendant's lawyer to challenge their account (cross-examination), and finally be asked additional questions by the claimant's lawyer to clarify any issues raised (re-examination).

Answer 179

Answer: Post-judgment, parties may address issues related to interest on the judgment sum, costs of the proceedings, requests for time to pay the judgment sum, stays of execution if an appeal is intended, and applications for permission to appeal the judgment. Example: After losing a breach of contract trial, the defendant might request a stay of execution to appeal the decision, argue for lower costs due to mitigating factors, and seek a payment plan to fulfill the judgment sum over time.

Answer 180

False. A Tomlin order is a really good idea, but it is not required. It formalises the parties’ settlement by recording its terms and having the court issue the settlement as a consent order. This gives the parties a right to enforce their agreement in court, or to pick up proceedings where they left off should a party fail to comply.

Answer 181

PARTIES SHOULD FILE PRE-TRIAL CHECKLISTS TO: * Confirm what has been done to date * Provide opportunity to re-estimate trial time * Ascertain whether parties have legal representation * Confirm trial length estimate * Prepare draft directions if required

Answer 182

WITNESS SUMMONS TO COMPEL ATTENDANCE * Under penalty of contempt of court * At least 7 days before trial

Answer 183

Expert witnesses may be paid their normal costs for attending trial.

Answer 184

Yes. Don’t be swayed by the fact the witness is related to the claimant; he would be entitled to the conduct money.

Answer 185

(D) is correct. The claimant prepares at least six bundles (more, if there is more than one defendant).

Answer 186

TRIAL BUNDLE Statements of Case Key disclosures Witness statements Expert evidence In a single bundle

Answer 187

A Tomlin Order is a consent order that outlines agreed settlement terms, staying the proceedings while allowing the case to be reopened if the settlement terms are not fulfilled, avoiding the need to start new proceedings.

Answer 188

Money that must be included with an application to a court to issue a witness summons to reimburse a witness for the costs of attending trial, including up to £67 for loss of time if more than four hours are required. If an overnight stay will be required, funds for meals and lodgings must also be included.

Answer 189

A pre-trial review case summary is a written report of no more than 500 words, that the parties give the court at the pre-trial review that summarises the facts involved, explains what is agreed and disagreed by the parties, and provides a synopsis of the evidence that will be required at trial.

Answer 190

1 3 2 6 3 2 4 5 5 1 6 4

Answer 191

Answer: Seek permission to appeal from the judge who made the decision or the court that would hear the appeal. Example: If a District Judge in the County Court makes a decision you disagree with, your first step is to seek permission to appeal from that District Judge or a Circuit Judge in the County Court.

Answer 192

Answer: The decision was wrong in law, fact, or discretion, or the decision is unjust due to serious procedural irregularities. Example: If a judge incorrectly applied a legal principle leading to an unfavorable judgment, you can appeal on the ground that the decision was wrong in law.

Answer 193

Answer: The court fee, money to cover the witness's expenses for attending the trial, and money to reimburse the witness for lost income due to their attendance. Example: If you summon a witness who will miss a day of work, you must include not only the court fee but also travel expenses and compensation for the day's lost income.

Answer 194

Answer: If the appellant can persuade the court of the reasonableness of the appeal, even if the 21-day period for filing an appeal has passed without an extension being granted. Example: If you missed the appeal deadline due to receiving incorrect legal advice, the Court of Appeal might still grant permission to appeal if you can demonstrate the appeal's merit.

Answer 195

Answer: The appellate court conducts a review of the lower court's decision rather than a rehearing, generally limiting evidence to what was available at the original trial unless permission is granted for additional evidence. Example: If appealing a High Court judge's decision to the Court of Appeal, the appeal will focus on reviewing the decision's legality rather than re-examining all the case's evidence.

Answer 196

Answer: They may apply to the Court of Appeal for retrospective permission, but this is treated as an application for relief from sanctions. Example: If you apply for an appeal 30 days after the judgment without having obtained an extension, you must convince the Court of Appeal of the appeal's validity and the reason for the delay.

Answer 197

(B) is correct. A Circuit Judge is higher than a District Judge. It might help to remember these are alphabetically backwards.

Answer 198

GROUNDS FOR APPEAL * Wrong in fact, law, or the exercise of discretion * Unjust because of procedural errors

Answer 199

A party has 21 days to appeal. The court in which the case was tried and the court to which the case will be appealed can grant permission to appeal the case.

Answer 200

THE COURT OF APPEAL WILL LOOK AT * Seriousness and significance of failure to comply with rules * Why default occurred Surrounding circumstances

Answer 201

APPEALS * * Not a rehearing No new evidence

Answer 202

Answer: The loser pays the winner's costs, including solicitor's fees and disbursements.

Answer 203

Answer: Non-compliance with pre-action protocols, failure to accept Part 36 offers, claim exaggeration, or partial success.

Answer 204

Answer: A party cannot recover more from the opponent than what they owe their own legal representative.

Answer 205

Answer: Standard basis considers only proportionate costs and resolves doubts in favor of the paying party, whereas indemnity basis does not consider proportionality and resolves doubts in favor of the receiving party.

Answer 206

Answer: A court order setting a budget for the parties' costs, which should not be exceeded by more than 20% to avoid penalties during cost assessments.

Answer 207

Answer: An order requiring the claimant to pay money into court or secure a bond, requested by the defendant if there's concern the claimant can't pay if they lose.

Answer 208

Answer: Limited recoverable legal costs, with small claims generally allowing no order for legal costs and fast track cases having fixed costs for the trial.

Answer 209

false The indemnity principle is a rule with no exceptions. Again, under the indemnity principle, a court will not order payment of costs greater than a party's actual costs.

Answer 210

Answer: Improper, unreasonable, or negligent actions by the solicitor causing unnecessary costs.

Answer 211

STANDARD BASIS * Default basis * Recover proportionate cases only * Benefit of doubt given to paying party INDEMNITY BASIS Generally used for misconduct * Proportionality not considered * Benefit of doubt given to receiving party

Answer 212

False. The first part of the statement is true. If a court awards costs on the standard basis, it will allow recovery only of proportionate costs. But the second part is false—if costs are payable on the standard basis, any doubt is given to the paying party (not the receiving party). The receiving party is given the benefit of doubt if costs are assessed on an indemnity basis

Answer 213

SUMMARY ASSESSMENT * * * Summary assessment made at conclusion of hearing Usually payable in 14 days of hearings Receiving party entitle to interest from judgment to payment

Answer 214

DETAILED ASSESSMENT * * * Parties are unable to agree to a figure Receiving party prepares detail bill of costs and serves on opponent Opponent files 'points of dispute

Answer 215

Usually three months. The other party will then have 21 days to file their points of dispute.

Answer 216

False. A security for costs order can be sought only by the defendant.

Answer 217

WASTED COSTS ORDER * Legal representative acted improperly, unreasonably, or negligently Which caused unnecessary costs AND * It is just to make the order *Solicitor pays!

Answer 218

* (B) A claimant will not be required to pay the defendant's costs in a personal injury claim unless certain conditions are met.

Answer 219

* (C) A party's solicitor only

Answer 220

* (A) Indemnity Basis

Answer 221

A: A Part 36 offer is a formal settlement offer made under CPR Part 36, with specific cost implications if not accepted and the offeror's terms are met or exceeded at trial.

Answer 222

A: It must be in writing, state it's made under Part 36, specify a relevant period of at least 21 days, and indicate whether it's for the whole or part of the claim.

Answer 223

A: It can be accepted at any time unless withdrawn. If accepted within the relevant period, the defendant pays the claimant's costs up to acceptance. After the relevant period, court decides costs from the end of that period.

Answer 224

A: The claimant may have to pay the defendant's costs from the end of the relevant period, in addition to their own costs incurred after this period.

Answer 225

A: Enhanced sanctions against the defendant may apply, including higher interest rates on damages and costs, and additional damages.

Answer 226

A: The court considers all case circumstances, including the timing and terms of the offer, the information available when the offer was made, and the parties' conduct regarding information exchange.

Answer 227

The relevant period is the period during which a Part 36 offer cannot be withdrawn. The minimum period is 21 days.

Answer 228

True It's important to remember this. I can easily see this coming up in a question on the SQE and it is important to know this when you are practising law, too.

Answer 229

O Yes, because the offer had not been withdrawn. The acceptance was valid because the offer had not been withdrawn.

Answer 230

In this case—where the offer says it will be considered withdrawn at expiry of the relevant period—the offer would have been withdrawn and the claimant could no longer accept.

Answer 231

B In a case where the claimant does not beat the defendant's offer, the claimant will have to pay the defendant's costs on the standard basis from the date the relevant period expired.

Answer 232

A In a case where the claimant beats the defendant's offer, the normal rules for costs apply: the defendant will have to pay the claimant's costs for the entire case on the standard basis.

Answer 233

A In a case where the claimant fails to beat its own offer, the normal rules for costs apply: the defendant will have to pay the claimant's costs for the entire case on the standard basis.

Answer 234

D In a case in which the claimant beats its own offer, the claimant is entitled to interest on the entirety of the claim at an enhanced rate of up to 10% above base rate for the time after the acceptance period expired. Costs for this period will be assessed on an indemnity basis (that is where the court gives any doubt whether costs were reasonable to the receiving party), with enhanced interest on those costs of up to 10% above base rate. The claimant may seek an additional amount of damages (generally 10% above the court award for amounts up to £500,000, and 5% for amounts above £500,000).

Answer 235

Answer: The winning party becomes the judgment creditor, and the losing party becomes the judgment debtor. The creditor must then take steps to enforce the judgment if the debtor does not pay voluntarily.

Answer 236

Answer: Taking Control of Goods. This process involves an enforcement officer seizing the debtor's possessions to satisfy the debt, excluding items essential for the debtor's trade or basic domestic needs.

Answer 237

Answer: Through a Third-Party Debt Order, the court directs a third party, like a bank, to pay the creditor instead of the debtor.

Answer 238

Answer: Obtaining a charge on the debtor's property, which acts as an equitable mortgage and can lead to an order for sale of the property.

Answer 239

Answer: Yes, but generally only if there is a reciprocal enforcement agreement between England and Wales and the debtor's country of residence.

Answer 240

Answer: It's an agreement where the judgment debtor retains custody of their possessions under the condition that they won't sell them before the debt is paid, thus avoiding the actual seizure of goods.

Answer 241

(A) A laptop computer that the painter uses to play games. * (D) A suit the painter wears to special occasions such as weddings.

DR Flashcards

(277 cards)