DR Pre-Module

Question 1

The court will set out a timetable for prep and exchange of evidence before trial by making a

Answer 1

directions order

Question 2

parties are expected to try and resolve matters without

Answer 2

court proceedings

Question 3

The County Court and High Court are courts of

Answer 3

first instance

Question 4

All courts bind

Answer 4

lower courts

Question 5

Personal injury claim threshold for High Court

Answer 5

£50000

Question 6

When does the High Court bind itself?

Answer 6

High Court binds itself when sitting as Divisional Court (hearing appeals from County Court). Does not bind itself when hearing claims at first instance.

Question 7

3 divisions of the High Court

Answer 7

Chancery, King’s Bench, Family

Question 8

Which List is in both KBD and Chancery?

Answer 8

Financial List - hears financial disputes of £50 million or more

Question 9

Permission for UKSC cases is granted if

Answer 9

case is of general public importance

Question 10

Is the Supreme Court binding on itself?

Answer 10

No

Question 11

most senior member of judiciary

Answer 11

Lord Chief Justice

Question 12

Master of the Rolls

Answer 12

President of the Civil Division of the Court of Appeal

Question 13

Solicitors can advocate in which courts?

Answer 13

the Magistrate’s Court, County Court, Tribunals and Upper Tribunal

Question 14

disbursements

Answer 14

Fees other than the solicitor’s fees

Question 15

civil standard of proof

Answer 15

on balance of probabilities

Question 16

res ipsa loquitur

Answer 16

the facts speak for themselves

Question 17

Time limit for bringing a PI claim

Answer 17

3 years of the latest of either the date when the cause of action accrued or
the date of knowledge

Question 18

Courts can extend time to make claims for

Answer 18

personal injury or claims under the Fatal Accidents Act if equitable

Question 19

Contract claim time limit

Answer 19

6 years from date of cause of action

Question 20

Disability time limits run from when

Answer 20

The disability ends and
2 years - contribution claims
3 years - personal injury or fatal accident claims
6 years - most other cases

Question 21

time limit for action to enforce a judgment

Answer 21

6 years

Question 22

Format for claiming against a sole trader

Answer 22

Individual + the trading name

Question 23

a protected party

Answer 23

any person who lacks capacity to conduct the proceedings within the meaning of the Mental Capacity Act 2005

Question 24

Often appointments for a litigation friend are made without court order by filing and serving

Answer 24

a certificate of suitability

Question 25

Any document due to be served on a child or a protected party must be served on

Answer 25

their litigation friend

Question 26

You only make assertions or put forward statements, representations or submissions to the court that are

Answer 26

properly arguable

Question 27

rule of law takes priority over

Answer 27

the client

Question 28

Master of the Rolls

Answer 28

President of the Civil Division of the Court of Appeal

Question 29

In which courts do solicitors have rights of audience?

Answer 29

the Magistrate's Court, County Court, Tribunals and Upper Tribunal

Question 30

Claims cannot be commenced in the High Court unless their value is more than

Answer 30

£100,000 (£50,000 for PI cases)

Question 31

Value of small claims track

Answer 31

Below £10,000

Question 32

Value and allocation of fast track

Answer 32

£10,000 - £25,000 (County Court)

Question 33

Value and allocation of intermediate track

Answer 33

£25,000 - £100,000 (County Court, unless PI £50K+)

Question 34

Value and allocation of multi track

Answer 34

£100,000+ (High Court)