MULTIPLE CHOICE QUESTIONS

ANSWERS

Bar Professional

Question 1

A judgment debtor owes £300,000 on a High Court judgment. He is about to start a new job with a
substantial salary, is about to sell his car, and is soon to sell his house. You have been asked to advise
the judgment creditor.
Which one of the following is probably the most effective method of recovering this judgment debt?
Select one:
A. Charging order.
B. Writ of control.
C. Attachment of earnings.
D. Third party debt order.
Question 2

The defendant in a County Court claim failed to comply with the requirements of Practice Direction
Pre-action Conduct and Protocols. Today the claim has reached trial, and judgment has been entered
for the claimant. The District Judge trying the claim has decided to impose a sanction on the
defendant.
Which one of the following is the maximum sanction that can be imposed in relation to interest?

Select one:
A. 10 per cent per annum above base rate.
B. 8 per cent per annum above base rate.
C. 10 per cent per annum.
D. 8 per cent per annum.
Question 3

Which of the statements numbered (i) to (iii) about requests for further information is/are CORRECT?
(i) Requests for further information may only be made by the parties to the claim.
(ii) Requests for information may seek to clarify a matter which is in dispute in the proceedings
or to seek additional information in relation to such a matter.
(iii) Requests for further information must be made as far as possible in a single comprehensive
document.

Select ONE of the following:

Select one:
A. (i) only.
B. All of them.
C. (iii) only.
D. (ii) and (iii) only.
Question 4

A judgment creditor has obtained a judgment for £56,000. The judgment creditor wishes to enforce
against the judgment debtor’s belongings.
Which one of the following best describes the procedure that should be followed by the judgment
creditor?

Select one:
A. Your client needs to file a request, which will be dealt with administratively by the court staff.
B. Your client needs to file a request, which will be considered by a District Judge on the papers without a
hearing.
C. Your client needs to issue an application notice, which is made without notice and will be dealt with by a
court officer without a hearing.
D. Your client needs to issue an application notice, which will be considered by a District judge at a hearing
on notice to the judgment debtor.
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Question 5

Jack has brought a claim against Lucy claiming damages for professional negligence said to have a
value of £20,000. Last week Lucy filed a Defence denying liability.
Which ONE of the following propositions is CORRECT about what should happen next?

Select one:

A. A court official will provisionally allocate the claim to the fast track.
B. A District Judge will allocate the claim to the multi-track.
C. The court will serve both parties with directions questionnaires.
D. Notice will be given to both parties requiring them to file directions questionnaires within the next 21 days.
Question 6

In a civil trial in the County Court of a claim allocated to the multi-track, the judge decides that closing
speeches will be made in the traditional order.
Which ONE of the following statements is CORRECT?
Select one:
A. The claimant makes the first closing speech, regardless of other events during the trial.
B. The claimant makes the first closing speech, except where the defendant elects to call no evidence (in
which case it is the defendant who makes the first closing speech).
C. The defendant makes the first closing speech, except where the defendant elects to call no evidence (in
which case it is the claimant who makes the first closing speech).
D. The defendant makes the first closing speech, regardless of other events during the trial.
Question 7

Perry, who has brought a claim in negligence against Alfred, wishes to call Karen as a witness at the
trial. Karen is an hourly paid employee at a factory, and is refusing to attend the trial. The trial is
estimated to last for 3 days, and is due to start in 4 days' time.
Which ONE of the following is CORRECT?

Select one:
A. Perry will have to offer or pay Karen a sum to cover Karen's travelling expenses, but there is no
requirement to compensate her for time off work.
B. Perry needs permission to issue a witness summons.
C. A witness summons must be served no less than 14 days before the trial.
D. A witness summons will require Karen to attend court on the date specified in the witness summons.
Question 8

Which ONE of the following statements about amending a statement of case is CORRECT?

Select one:
A. The court may disallow amendments to statements of case that have been made without the permission of
the court.
B. A party may amend a statement of case once without the court’s permission at any time before disclosure
takes place.
C. If permission to amend is granted, the party applying to make the amendment is usually awarded the costs
of the amendment against the respondent to the application.
D. Amendments are not permitted after a claim is allocated to a case management track.
Question 9

Herat Mining plc, a company registered in England, owns a mine in Sasanistan, a small country in Asia.
Two years ago there was a period of industrial unrest at the mine. Herat Mining plc entered into a
contract with the local police force to maintain order at the mine. The claimants are a number of mine
workers who have brought proceedings in the High Court in England against Herat Mining plc claiming
Herat Mining plc incited or procured the use of excessive violence by the local police. Liability is
denied. Two people died in the disturbances, and several people suffered serious personal injuries.
Damages will be assessed in accordance with Sasanistan law, and it has been estimated that the total
damages for all the claimants will be about £250,000. You have been briefed on behalf of Herat Mining
plc on the first case management conference. Pre-action protocol communications resulted in Herat
Mining plc conducting a key word search of its electronic documents held by its relevant managerial
staff, which identified 21,000 potentially relevant documents. A costs budget filed by Herat Mining plc
estimated its costs to trial at £5 million.

Which one of the following is the disclosure order most likely to be made on the case management
conference?

Select one:
A. An order that disclosure be given on an issue by issue basis, starting with documents on liability.
B. An order limiting disclosure to electronic documents.
C. An order for standard disclosure.
D. An order that each party discloses the documents that advance its own case or which damage that of the
other side, or which leads to an enquiry having either of those consequences.
Question 10

Which of the following statements numbered (i) to (iv) about cases on the fast track is/are WRONG?
(i) The court will give directions for a single joint expert unless there is a good reason not to
do so.
(ii) Directions agreed by the parties should set out a timetable with calendar dates for taking
relevant steps in the case.
(iii) In agreed directions the trial period must not be longer than 4 weeks.
(iv) A party must apply to the court if it wishes to vary the date fixed by the court for the return
of the pre-trial check list.
Select one of the following:
Select one:
A. (i) and (ii) only.
B. (ii) and (iii) only.
C. (ii) and (iv) only.
D. (iii) only.
Question 11

Elliot and Asha are next-door neighbours. On Thursday afternoon, Elliot notices that a lot of vans and
workmen are going back and forth to Asha’s house. They are delivering large quantities of food and
alcohol, large speakers, and the frame and boards for what looks like a stage. Elliot goes to Asha’s
house to speak to her. She tells him that her daughter is having a 21st birthday party on Saturday
night, and that they will be having live bands in the garden. 100 guests have been invited. When Elliot
asks how long the party is to go on for, Asha replies “we’re partying until dawn!” Elliot and his wife
have a 6 month-old child, whose sleep pattern must not be disturbed. Despite Elliot’s request that the
party by concluded by midnight, Asha refuses to change her plans. Which of the statements numbered
(i) to (iv) is/are CORRECT?
(i) Elliot may apply for an interim injunction by issuing a claim form; issuing an application;
and giving informal notice to Asha.
(ii) The Court may grant the application for an interim injunction provided that Elliot can
persuade the Judge that the ‘balance of convenience’ is in his favour.
(iii) The Court must grant an interim injunction if Elliot can provide an meaningful undertaking in
damages.
(iv) The Court will grant or refuse an interim injunction on consideration of the merits of the
case, doing its best to avoid injustice.

Select ONE of the following:

Select one:
A. (i) and (ii) only.
B. (i) and (iii) only.
C. (i) and (iv) only.
D. (ii) only.
Question 12

Rahman & Adams plc entered into a written contract with McGregor & Sons for the sale and purchase
of 25,000 steel clips of a specified length and width. McGregor and Sons supplied clips that were too
short and too narrow in width. Rahman & Adams plc have rejected the goods and wish to bring
proceedings against McGregor & Sons claiming the return of the price paid (£105,000) plus
consequential losses it suffered sourcing alternative clips from another supplier at a higher price
(£26,500). Which of the following statements numbered (i) to (iv) below is/are CORRECT?
(i) A claim (whether for damages or a specified sum) may not be started in the High Court
unless the value of the claim is more than £100,000.
(ii) As the claim is worth more than £100,000, it must be commenced in the High Court.
(iii) A claim should be started in the High Court if the financial value of the claim and/or the
complexity of the facts and issues, or the importance of the claim to the general public is
such that it ought to be dealt with by a High Court judge.
(iv) As there is a written contract which documents the specifications of the clips, and the
issues in this case are likely to be relatively straightforward, this claim should be
commenced in the County Court.

Select ONE of the following:

Select one:
A. (i) and (ii) only.
B. (i), (ii) and (iii) only.
C. (i), (iii) and (iv) only.
D. (iii) and (iv) only.
Question 13

Janelle trips over a paving stone. Her claim for pain, suffering and loss of amenity amounts to £1,500
and her claim for special damages is for £3,000.
Which ONE of the following will be the NORMAL track for this claim?

Select one:
A. The fast track.
B. The multi track.
C. The small claims track.
D. There is no normal track for this type of claim
Question 14

Four years ago Hazel was injured at work when she fell down the stairs in the offices of Granger &
Harrison Ltd, her employer. She did not bring proceedings at the time of the accident because, despite
the fact she had worked there for 12 years, she was concerned that if she did so she might lose her job.
Over the last four years a number of staff have been made redundant by Granger & Harrison Ltd,
including two members of staff who witnessed the accident. Six months ago a claim form was issued
on Hazel’s behalf, which was served just over two months ago. Granger & Harrison Ltd are now
applying to have Hazel’s claim struck out as an abuse of process. You have been briefed to represent
Hazel on the striking out application. There is a cross-application to disapply the limitation period.
Which ONE of the following best describes the approach the court should take at the hearing of these
applications?

Select one:
A. As the limitation period has expired, Hazel’s claim has no real prospects of success, and her claim ought to
be struck out.
B. Hazel’s concern about her job security will be taken into account by the court in assessing her date of
knowledge.
C. The fact that two of the witnesses to the accident have been made redundant means that the evidence
available is now less cogent than it would have been if the claim had been started closer to the date of the
accident, and will be a strong factor against Hazel in deciding these applications.
D. While the six month delay in bringing the claim will make this a difficult application to win for Hazel, she
probably has a reasonable justification for not starting earlier, and the balance of prejudice may be in her
favour.
Question 15

Which of the following statements numbered (i) to (iii) about striking out is/are CORRECT?
(i) The Court may exercise its power to strike out on a statement of case on its own initiative.
(ii) A claim may be struck out where it sets out no facts indicating what the claim is about.
(iii) A defence must be struck out where no reasons are given for a denial.

Select ONE of the following:

Select one:
A. [A] (i) only.
B. [B] All of them.
C. [C] (iii) only.
D. [D] (i) and (ii) only.
Question 16

What does "claimant's costs in the case" mean?

Select one:
A. If the claimant is awarded costs at the end of the case the claimant will recover the costs of the interim
application; otherwise each side bears its own costs.
B. The claimant is entitled to the costs of the interim application.
C. The defendant will be required to pay the claimant's costs of the interim application, but will only be
required to do so at the end of the case.
D. Liability for the costs of the interim application has to await the final determination of the case. Whoever
wins at trial will recover its costs.
Question 17

The following propositions concern the privilege that attaches to statements made "without prejudice".
Which ONE of the following statements is WRONG?
Select one:
A. The fact that the expression "without prejudice" IS used is not conclusive as to whether the privilege can
be claimed.
B. The fact that the expression "without prejudice" IS NOT used is not conclusive as to whether the privilege
can be claimed.
C. The privilege can only be claimed if, at the time when the "without prejudice" statement was made,
proceedings are in contemplation or have already been commenced.
D. Either party to correspondence protected by "without prejudice" privilege can assert it.
Question 18

You are advising on the formalities for making an offer to settle under CPR Part 36 in the early stages
of litigation. Which ONE of the following statements best states one of the requirements for Part 36
offers?

Select one:
A. The offer must be made on the relevant practice form (N242A).
B. The offer must state whether it relates to the whole claim, or part of it, or to an issue, and, if so, which part
or issue.
C. The offer must give a period of not less 28 days within which the defendant will be liable for the claimant's
costs if the offer is accepted.
D. The offer must state on its face that it is made without prejudice except as to costs.
Question 19

Which one of the following is an INCORRECT statement about the practice relating to standard
disclosure in a fast track claim?

Select one:
a. Standard disclosure applies in all multi-track claims.
b. The items to be disclosed include anything on which information is recorded, and are not restricted to
written documents.
c. The parties are under a duty to make a reasonable search for documents that ought to be disclosed to the
other side.
d. The parties should serve each other with lists of documents within the time laid down in case management
directions by the court.
Question 20

Hazel, for whom you act, was injured at work when she fell down the stairs in the offices of Granger &
Harrison Ltd, her employer. Proceedings were brought in the High Court. Hazel's case was that she
sustained a serious head injury as a result of the fall. A direction was made granting permission to
both sides to call expert neurological evidence. Hazel instructed Jeremy Jenson, a consultant
neurologist with 20 years' experience employed at a National Health Service hospital. Granger &
Harrison Ltd instructed Professor Browning, who had 25 years' experience in the leading neurological
hospital in London, and is currently a Professor at a prestigious teaching hospital. Mr Jenson and
Professor Browning disagreed both in their reports and when giving evidence at the trial on three
major conclusions on the neurological issues in Hazel's case. Judgment was reserved and has not yet
been given, but counsel have each been given a copy of the judgment in draft. In it the trial judge
refers to the dispute between Mr Jenson and Professor Browning on the three issues. The judge goes
on: "I prefer the evidence of Professor Browning, who is an eminent authority in relation to neurology,
and is a professor with wide experience in this area." The judge then moves on to other issues.
Judgment was given for Hazel on liability, but for substantially less in damages than she had been
hoping for.
Which one of the following is the best approach to take in light of the draft judgment you have seen?

Select one:
A. To ask the judge to amplify his judgment on the three neurological issues.
B. To seek permission to recall both experts to deal in more detail with the three neurological issues, with a
request for the judge to review his decision on those points.
C. To seek permission to appeal against the decision on quantum because the reasons for preferring
Professor Browning's conclusions are insufficient.
D. To apply for costs on the basis that Hazel has won on liability and obtained damages.
Question 21

Trespassers have been fishing in the lake on Seth's farm one night. Albert, a neighbour, saw figures
emerging from a van, marked “Casterbridge Van Hire”, parked near the lake that night, and noted the
van's registration number.

Which of the following is the CORRECT advice to give Seth?

Select one:
A. Issue a claim form against Albert seeking disclosure of the identity of those using the van on the night in
question.
B. Issue a claim form against Casterbridge Van Hire seeking disclosure of the identity of those using the van
on the night in question.
C. Issue an application for pre-action disclosure under CPR r 31.16 against Casterbridge Van Hire requiring
disclosure of documents that will identify those using the van on the night in question.
D. Issue a witness summons against Albert requiring him to give evidence describing the Defendants at any
subsequent proceedings.
Question 22

Daniel has brought a County Court claim against Christine seeking damages for breach of contract.
Christine failed to respond to the particulars of claim within the prescribed period of time, and Daniel
entered judgment in default. Christine has applied to set aside the default judgment, which was
opposed by Daniel. The District Judge says both parties have acted reasonably after the entry of the
default judgment, and sets aside the default judgment.
Which one of the following is the most suitable order for costs to be included in the District Judge's
order?
Select one:
A. Costs in the case.
B. Claimant's costs in any event.
C. Defendant's costs in the case.
D. Costs thrown away.
Question 23

You have been briefed on behalf of the claimant in the trial of a claim that has been allocated to the fast
track. Your first witness will be the claimant, Angela, and you are about to start your examination-in-
chief.

Which ONE of the following is CORRECT?

Select one:
A. You must put oral questions to Angela in order to elicit all her relevant evidence on the issues.
B. You are entitled to put oral questions to Angela only on relevant points that have arisen since she signed
her witness statement.
C. You must ask Angela to adopt her exchanged witness statement, and then, if necessary, seek the court's
permission to ask oral questions to amplify her statement or on relevant points that have arisen since she
made her statement.
D. Angela's exchanged witness statement stands as her evidence-in-chief, and you will in no circumstances
be permitted to put any further questions to her.
Question 24

Audrey Dearing is a partner in a firm of architects who are defendants in a claim brought by Martin
Roper, the owner of Heath View, a luxury mansion built with views over Hampstead Heath. The other
defendants are the builders and engineers. During disclosure, copies of email and text messages
between the builder's site foreman and Tina Roper, Martin's wife, have been disclosed by the builders.
These documents are relevant to the issue of delay. Audrey is an amateur dramatics enthusiast and
wishes to use these documents in writing her next play, "Carry on Constructing". Which of the
following statements numbered (i) to (iv) is/are CORRECT? (
i) Audrey may not use the disclosed documents unless they are used in open court at the
hearing of the case.
ii) Although the documents are privileged, Audrey may use them as she is entitled to waive
privilege in relation to them.
iii) Audrey may use the documents if all parties waive the privilege in relation to them.
iv) Audrey may use the documents if the court gives permission.

Select one of the following:

Select one:
A. (ii) and (iii) only
B. (i), (iii) and (iv) only
C. (i) and (iv) only
D. All of them
Question 25

June has brought a claim against Western Outfitters Ltd for negligence and breach of contract. She is
seeking damages in the sum of £15,000. At the end of the trial she is successful on all aspects of her
claim.
Which ONE of the following statements is WRONG?

Select one:
A. June can draw up the judgment with the court's permission.
B. Western Outfitters must pay the £15,000 within 7 days of the date of the judgment.
C. The judgment takes effect from the time when the judge pronounces it.
D. The judgment must bear the date on which it is given and must be sealed by the court.
Question 26

Celia is aged 17, and is a successful singer with a recording contract with Tinpan Records plc. Celia
has complained to Tinpan Records plc about not being paid any royalties on her latest song in respect
of downloads from the internet, but Tinpan Records plc have replied saying it will only pay Celia
royalties on CD and DVD recordings. Celia has brought a High Court claim against Tinpan Records Ltd
in her own name and without a litigation friend. The claim form has been issued but has not been
served.
Which one of the following statements is CORRECT?

Select one:
A. Litigation friends are optional for children. As Celia is a successful recording artist she is entitled to proceed
with her claim without a litigation friend.
B. Litigation friends are mandatory for children. Tinpan Records plc will be entitled to apply to have Celia's
claim struck out for failing to act by a litigation friend.
C. Celia may apply for permission to conduct the proceedings without a litigation friend. Such an application is
made on notice to Tinpan Records Ltd, serving the application 3 clear days before the return day.
D. Celia may apply for permission to conduct the proceedings without a litigation friend. Such an application
may be made without giving notice to Tinpan Records Ltd.
Question 27

The Fulstone Farmers Association (“FFA”) has brought a claim against Blackburn Tractors Ltd (“BTL”)
seeking damages for defective tractors which had been supplied by BTL to FFA for subsale to its
members. On 20 January 2016 BTL made a Part 36 offer in the sum of £230,000. It is now February
2017, and the first day of the trial. During a short adjournment, Counsel for FFA advised his client to
accept the Part 36 offer, which FFA (acting by its Chairman) then purported to do, first orally to the
Managing Director of BTL in the coffee shop of the court building, secondly by a hand-written note
given to the Managing Director of BTL outside the door of the court, and thirdly by an email sent ten
minutes later to BTL's solicitors.

You are asked to advise FFA whether the Part 36 offer had been validly accepted.

Which of the following statements numbered (i) to (iv) below is/are CORRECT?
(i) The Part 36 offer was validly accepted orally.
(ii) The hand-written acceptance given to the Chairman of BTL was effective service of the notice of
acceptance.
(iii) The email acceptance sent to BTL's solicitors was an effective acceptance.
(iv) None of the attempts to accept was effective because permission to accept was required.
Select ONE of the following:
Select one:
A. (i) only.
B. (ii) only.
C. (iii) only.
D. (iv) only.
Question 28

Merry Orchestra Ltd wishes to sue Li Lim, who acts as the agent for a number of professional
musicians, for failing to provide the agreed number of musicians for an orchestral production in
breach of a contract between the parties.

Which ONE of the following statements is WRONG?

Select one:
A. As this is a general contractual claim, none of the specific pre-action protocols apply to it.
B. As this is a general contractual claim, Merry Orchestra Ltd should comply with the procedure set out in
Practice Direction – Pre-Action Conduct and Protocols before issuing proceedings.
C. As part of reasonable pre-action conduct, the parties should consider settling the claim by an alternative
dispute resolution process.
D. The court has no power to impose sanctions if any applicable pre-action procedure is not followed.

.
Question 29

Robert Swanson is a plumber and trades as "Plumbing Solutions & Co". He has no business partners,
and he has not incorporated his business. Robert, in the name of his business, installed a new
bathroom in Deborah's house, for which Deborah agreed to pay £14,000. Deborah has not paid the
invoice sent to her by Plumbing Solutions & Co. Robert wants to bring court proceedings against
Deborah.
Which one of the following CORRECTLY states the name that should be used as the claimant on the
claim form?

Select one:
A. Robert Swanson.
B. Mr Robert Swanson.
C. Plumbing Solutions & Co.
D. Plumbing Solutions & Co (A Firm).
Question 30

Ronald has brought a County Court claim against Helen seeking damages for breach of contract. A
month ago Helen filed and served a defence and counterclaim. In her counterclaim Helen sought
damages for breaches she alleged against Ronald of other terms of the same contract. 12 days ago
Helen received a notice of provisional allocation of the claim to the multi-track. The notice of
provisional allocation required the parties to file and serve directions questionnaires 28 days after the
date of the notice of provisional allocation. Neither party has taken any steps in the proceedings since
Helen filed the defence and counterclaim.
What is the most important thing Helen should be doing now in the proceedings?

Select one:
A. Completing her directions questionnaire.
B. Entering default judgment against Ronald.
C. Completing her disclosure report.
D. Completing her costs budget.
Question 31

You have been instructed to advise on the conditions that must be established before the court can
make an interim payment.

Which ONE of the following is CORRECT?

Select one:
A. The claimant establishing a pressing need for the money.
B. The court finding that the claim is for a substantial sum of money taking into account any set-off or
counterclaim.
C. Judgment being entered for damages to be decided by the court.
D. Both defendants being insured where the claim is brought against two defendants.
Question 32

In a High Court claim C&P Ltd is suing DMK plc for the unpaid contract price of £347,000, which was
payable 28 days after invoice. A defence and counterclaim alleges that C&P Ltd failed to send a proper
invoice for the goods, and that the goods delivered by C&P Ltd were not of satisfactory quality. An
order has been made for standard disclosure. You have been asked to advise DMK plc about its
disclosure obligations. Among your papers are: (i) An invoice from C&P Ltd in the sum of £253,000
("the original invoice"). The purchasing manager of DMK plc explains these are part of the goods C&P
Ltd, but not the whole of the goods C&P Ltd had to deliver. (ii) A copy of the invoice for £253,000 ("the
copy invoice"), on which a member of staff at DMK plc wrote: "Do not pay, goods defective" ("the
indorsement").

Which one of the following is the best advice to give to DMK plc about disclosure of these documents?

Select one:
A. DMK plc does not need to disclose either the original invoice or the copy invoice.
B. DMK plc needs to disclose the original invoice but not the copy invoice.
C. DMK plc needs to disclose both the original invoice and the copy invoice with the indorsement.
D. DMK plc needs to disclose both the original invoice and the copy invoice, but should redact the
indorsement.
Question 33

Mark Jones plc brought a claim against West Products Ltd for damages for supplying defective goods
and services under a sale and purchase agreement. West Products Ltd made a Part 36 offer in respect
of the claim in the sum of £25,000 on 6 May 2016. The Claimant rejected this offer. Following disclosure
and inspection of documents and service of witness statements, West Products Ltd revised their
assessment of the merits of the claim, and decided to reduce their offer. On 12 August 2016 West
Products Ltd made a second Part 36 offer in the sum of £15,000.

Which ONE of the following statements is CORRECT?

Select one:
A. The Defendant has made two effective Part 36 offers, each of which would have the costs consequences
prescribed by Part 36.
B. It is only open to a party to make one subsisting Part 36 offer, so the second offer was not a valid Part 36
offer.
C. The Claimant’s rejection of the Part 36 offer of 6 May 2016 rendered that offer incapable of acceptance
thereafter, so the only subsisting offer which is open for acceptance by the Claimant is the offer of 12 August
2015.
D. The offer on 12 August 2016 varied the original offer of £25,000, and operated as an implied withdrawal of
that offer so that the offer of £25,000 was no longer open for acceptance.
Question 34

Supatoys Ltd entered into a contract with Techno Computers Ltd to provide their stores nationwide
with a new computer system. After installation, the system failed causing Supatoys Ltd considerable
loss of business. A claim has been brought for breach of contract and the case is listed for trial in the
High Court in 2 weeks’ time. Supatoys Ltd wishes to amend its Particulars of Claim, to include
allegations of negligence in addition to breach of contract.

Which one of the following best describes the approach the Court is likely to take at the hearing of the
application to amend?

Select one:

A. As the case is so close to trial it is unlikely that the Court will allow the amendment as the prejudice to
Techno Computers Ltd will be considerable and it would be highly likely that an adjournment of the trial would
be required, leading to delay in the administration of justice.

B. The case is close to trial, but it is likely that the Court will allow the amendment, in the interests of justice so
that the real dispute between the parties can be adjudicated upon. Any prejudice to Techno Computers Ltd can
be compensated in costs.

C. The Court will consider how substantial the proposed amendment is and if it will considerably alter the
case against Techno Computers Ltd, whether an adjournment of the trial would be required, and the extent of
any prejudice that would be caused.

D. The proposed amendment is not merely to clarify the issues, but will add a new cause of action that is
being raised for the first time. The Court is likely to disallow the amendment due to the prejudice it would cause
to Techno Computers Ltd.
Question 35

In a High Court claim C&P Ltd is suing DMK plc for the unpaid contract price of £347,000, which was
payable 28 days after invoice. A defence and counterclaim alleges that C&P Ltd failed to send a proper
invoice for the goods, and that the goods delivered by C&P Ltd were not of satisfactory quality. An
order has been made for standard disclosure. You have been asked to advise DMK plc about its
disclosure obligations. Among your papers is an invoice from C&P Ltd in the sum of £347,000 on
which a member of staff at DMK plc wrote: "Do not pay, goods defective" ("the indorsement"). The
invoice was sent as an attachment to the letter DMK plc wrote to your Instructing Solicitor when DMK
plc first retained your Instructing Solicitor to advise in the present case.

Which one of the following is the best advice to give to DMK plc about disclosure of this invoice?
Select one:
A. The invoice is protected by legal advice privilege because the indorsement contains legal advice.
B. The invoice is protected by legal advice privilege because it was sent to your Instructing Solicitor under
cover of a letter seeking legal advice in relation to a contemplated legal dispute.
C. While the original invoice would not have been privileged, the version of the invoice sent to your instructing
solicitor is a privileged version of a non-privileged document.
D. Even with the indorsement the invoice is not privileged unless it forms part of a compilation of documents
that will give away the trend of legal advice given.
Question 36

Hazel was injured at work when she fell down the stairs in the offices of Granger & Harrison Ltd, her
employer. A claim form was issued on Hazel’s behalf on 1 March, which was sent by first class post to
Granger & Harrison Ltd on 13 March. Particulars of claim were sent separately to Granger & Harrison
Ltd by first class post on Monday 20 March. A defence was served on 17 April. Hazel would like to
apply for an interim payment.

When was the earliest date Hazel was allowed to apply for an interim payment?
Select one:
A. 1 March.
B. 15 March.
C. 5 April.
D. 17 April.
Question 37

What is a notice to prove documents?

Select one:
A. A notice served by a party of their intention to rely at trial on documentary hearsay evidence.
B. A notice served by a party to whom documents have been disclosed to avoid the deemed admission of
authenticity.
C. A form served by the parties in claims on the multi-track setting out their proposals on the most
proportionate method of giving disclosure.
D. A form of witness summons that requires a person to attend at the trial and produce documents for use at
the trial.
Question 38

Dairy Farm plc ("DFP") issued a claim form seeking damages for breach of contract against
Agricultural Construction Ltd ("ACL") in December 2013 alleging that a milking parlour constructed at
DFP's farm by ACL breached the implied terms of the contract. In accordance with directions witness
statements were exchanged in September 2015 and experts' reports in October 2015. Martin is DFP's
milking parlour expert. In his report dated October 2015 Martin criticised the inadequate space for the
cows in the milking parlour built by ACL. In November 2016 DFP enlarged the stalls in the milking
parlour, which had the effect of increasing its milk yields. In March 2017 DFP served 6 additional
witness statements dealing with the enlargement of the stalls and the effects on milk production. It is
now April 2017. You have been briefed on behalf of ACL to attend a pre-trial review. During the pre-trial
review counsel for DFP applies to the Circuit Judge for permission to rely on the 6 additional witness
statements. The trial is listed with a time estimate of 10 days in May 2017.

Which one of the following identifies the first stage that should be followed when the court considers
DFP's application to use the 6 additional witness statements, and how is the Circuit Judge likely to
assess that stage?

Select one:
A. Whether there has been a serious or significant breach. There has been no breach by DFP.
B. Whether there has been a serious or significant breach. This is a significant breach.
C. Whether there is a good reason. The change in circumstances with the modification of the milking parlour
means there is a good reason.
D. Whether there is a good reason. As the need for enlarged stalls was identified by Martin's report there is
no good reason.
Question 39

Karen has brought a claim for damages for negligence against Sonia as the first defendant and Mark
as the second defendant. The claim was issued about a year ago, and both defendants filed defences
more than 9 months ago. Both defences respond to the allegations in the particulars of claim, but
make no allegations between the two defendants. The claim has reached the stage of exchange of
witness statements. You have been asked to advise Mark. You take the view that Karen has a claim
with good prospects of success, but that most of the blame rests with Sonia.

Which one of the following is the best advice to give to Mark?

Select one:
A. To seek permission to issue a contribution notice against Sonia.
B. To issue an additional claim form against Sonia, which can be done without permission, because it is less
than two years since Karen issued her claim form.
C. To amend Mark's defence, which can be done without permission, because this is the first amendment
sought by Mark.
D. To seek permission to amend Mark's defence.
Question 40

Wayne issued a claim form 13 weeks ago against DFZ Partnership claiming damages of £330,000.
Wayne has now discovered that DFZ Partnership’s business premises have been demolished, and he
does not know the current addresses of the individual partners.

Which ONE of the following is CORRECT?

Select one:
A. Wayne should apply to extend the period of validity of the claim form. This will be considered applying the
overriding objective, and the strength of the reasons for not being able to serve.
B. Wayne should apply to extend the period of validity of the claim form. This will be considered applying the
test of whether Wayne has taken all reasonable steps to serve, but has been unable to do so.
C. Wayne should abandon the present proceedings, and commence fresh proceedings when the necessary
addresses have been discovered.
D. Wayne should serve the claim form by fixing it to stakes on the site of the demolished business premises of
DFZ Partnership.
Question 41

You have been asked to advise about limitation in civil claims. Which of the following statements
numbered (i) to (iii) is/are WRONG?
(i) If a person, subsequent to accrual of a cause of action, becomes temporarily of unsound
mind, time does not run for limitation purposes for the period during which they are under
this disability.
(ii) In a claim based on fraud the limitation period does not begin to run until the claimant in fact
discovers the fraud, regardless of whether he could have, with reasonable diligence,
discovered it.
(iii) In a latent damage case not involving personal injury, proceedings for damages cannot be
brought after the expiration of 15 years from the relevant act or omission.
Select ONE of the following:
Select one:
A. (i) only
B. (i) and (ii) only.
C. (ii) only.
D. (iii) only.
Question 42
An application is being made for permission to adduce fresh evidence on an appeal to the Court of
Appeal. The court asks you about the traditional principles governing this situation. Which of the
following numbered (i) to (iv) is/are WRONG?
(i) Whether the evidence would have been admissible in the lower court.
(ii) Whether the evidence would probably have had an important influence on the result in the
lower court.
(iii) Whether the evidence could not have been obtained with reasonable diligence for use in the
lower court.
(iv) Whether the evidence is apparently credible.

Select ONE of the following:

Select one:
A. (i) only.
B. (iv) only.
C. (i) and (ii) only.
D. (ii) and (iv) only.
Question 43

Dairy Farm plc ("DFP") issued a claim form seeking damages for breach of contract against
Agricultural Construction Ltd ("ACL") in September 2013 alleging that a milking parlour constructed at
DFP's farm by ACL breached the implied terms of the contract. In accordance with directions witness
statements were exchanged in June 2015 and experts' reports in August 2015. Martin is DFP's milking
parlour expert. In his report dated July 2015 Martin criticised the inadequate space for the cows in the
milking parlour built by ACL. In August 2016 DFP enlarged the stalls in the milking parlour, which had
the effect of increasing its milk yields. In December 2016 DFP served 6 additional witness statements
dealing with the enlargement of the stalls and the effects on milk production. In January 2017 there was
a pre-trial review in which the Circuit Judge gave DFP permission to rely on the 6 additional witness
statements, and the trial, which was listed for February 2017 was adjourned. ACL has appealed against
the permission to use the 6 additional witness statements.
How is the appeal court likely to deal with the appeal?

Select one:
A. The appeal should be dismissed because this was a case management decision which fell within the wide
discretion given to procedural judges.
B. The appeal should be dismissed because the need for the 6 additional witnesses arose after the date
provided by the original directions.
C. The appeal should be allowed because appeals are conducted as rehearings, and the three and a half year
delay between issue of the claim form and the original trial date was excessive.
D. The appeal should be allowed because the Circuit Judge's decision was plainly wrong as an impermissible
exercise of his case management powers.
Question 44

William has brought a claim claiming damages for nuisance against Lilly. At an application made by
William for an extension of time for service of his witness statements, the court makes an order for
defendant's costs in the case.

Which ONE of the following is CORRECT?

Select one:
A. William will be entitled to his costs of the application provided he wins the claim.
B. Lilly will have to pay William's costs of the application.
C. Lilly will be entitled to her costs of the application provided the final costs order is made in her favour, but
she will not have to pay William his costs of the application regardless of the final outcome.
D. William will have to pay Lilly's costs of the application.
Question 45

Raymond was the owner of Pirbright Manor, an estate of 800 acres. He died last year. By his Will he
appointed Philip and Andrew as his executors. Under the Will Pirbight Manor has been left to Mavis,
Nigel and Olivia. Solicitors retained by the executors estimate that complications in dealing with
Raymond's estate mean final disposal of the estate will not happen for about another two years. Philip
and Andrew have received complaints from the tenant farming part of the land on Pirbight Manor that
off-road vehicles have been entering the land from a lane that crosses Pirbright Manor. Taking the view
that the lane belongs to Pirbright Manor, and to stop access to the off-road vehicles, Philip closed an
iron gate across the lane, and padlocked it shut. Colin owns a bungalow which is about 0.5 km from
Pirbright Manor. Colin says he has a right of way along the lane that has now been blocked by the iron
gate. Colin wishes to bring proceedings for interference with his right of way.

Which one of the following statements is CORRECT?

Select one:
A. Colin should bring proceedings against Philip and Andrew as executors of Raymond's estate. Any
judgment obtained against Philip and Andrew will normally bind the beneficiaries.
B. Colin should bring proceedings against Philip and Andrew as executors of Raymond's estate. Any
judgment obtained against Philip and Andrew will only bind Philip and Andrew.
C. Colin should bring proceedings against five defendants: Philip and Andrew as executors of Raymond's
estate, and Mavis, Nigel and Olivia. It is only by doing so that any judgment will bind both the executors and the
beneficiaries.
D. Colin should bring proceedings against Mavis, Nigel and Olivia as beneficiaries of Pirbright Manor. It is
impermissible to name executors in proceedings as they are merely representatives of the estate of the
deceased.
Question 46

Rachel wishes to commence proceedings to claim the cost of repairs to her car in the sum of £2,200
and compensation for minor bruising sustained in a road accident. Your instructing solicitor has asked
for your advice on the nature of the proceedings if they are contested by the defendant.

Which ONE of the following is CORRECT?

Select one:
A. The claim is likely to be a High Court small claims track case.
B. The claim is likely to be a County Court small claims track case.
C. The claim is likely to be a High Court fast track case.
D. The claim is likely to be a County Court fast track case.
Question 47

Which one of the following CORRECTLY describes the position regarding evidence of fact in a fast
track County Court trial?

Select one:
A. Although direct oral testimony from witnesses whose statements have been exchanged before trial is the
normal rule, generally the exchanged witnesses’ statements will stand as their evidence in chief.
B. Oral testimony is only allowed if the judge grants permission for special reasons. The normal rule is that all
evidence is adduced by witness statements, which are exchanged before trial.
C. Direct oral testimony from witnesses whose statements have been exchanged before trial is the normal
rule for trial in open court. Where the trial is in private, evidence is given either on affidavit or through
exchanged witness statements.
D. Other than real evidence, all evidence must be given by direct oral testimony. Statements of witnesses
must be exchanged before trial.
Question 48

For some years, James has purported to exercise a right of way along a path over Lynn’s land. Hearing
that Lynn intends to build an outbuilding across the path, James has applied on notice for an interim
injunction.

Which ONE of the following statements is CORRECT?

Select one:
A. The fact that the building work has not yet commenced has no direct relevance to the question whether the
injunction should be granted, apart from being part of the factual background.
B. The fact that the building work has not yet commenced is only relevant to whether damages would be an
adequate remedy for either party.
C. The fact that the building work has not yet commenced is likely to be the decisive factor if the other factors
bearing on the convenience of granting the injunction are evenly balanced.
D. The fact that the building work has not yet commenced is only relevant to deciding whether the proposed
injunction is mandatory or prohibitory.
Question 49

What is the purpose of an undertaking in damages?

Select one:
A. To compensate the defendant for any loss caused by an interim injunction if it later appears the injunction
was wrongly granted.
B. To ensure that damages are an adequate remedy.
C. To provide security to the claimant if the court decides to set aside or vary a judgment in default in a
marginal case where there is some doubt over whether the defence has a real prospect of success.
D. To provide security in a case where there is reason to believe the other side will be unable to pay if
ordered to do so at trial.
Question 50

At a case management conference in a County Court multi-track claim the District Judge is concerned
about the volume of evidence the claimant proposes to adduce at the trial.

Which one of the following best states the powers available to the District Judge to ensure the volume
of evidence does not result in disproportionate costs?
Select one:
A. The District Judge has a general discretion to control the evidence that may be adduced at trial.
B. The District Judge may control the evidence by limiting cross-examination, limiting the issues on which
factual evidence may be adduced, by identifying the witnesses who may be called and limiting the length of the
witness statements.
C. The only mechanism available to the District Judge to control the evidence is by limiting the budgeted costs
figures in the parties' costs budgets.
D. The best method of controlling the cost of the evidence to be adduced is by limiting the budgeted costs
figures in the parties' costs budgets.