BPTC: CIVIL FT 2018/2019 and PT 2018/20 SGS 5 MCQS

CIVIL SGS 5:
MULTIPLE CHOICE QUESTIONS

Bar Professional
Training Course

Question 1

Which ONE of the following descriptions regarding the circumstances in

which a claimant may obtain a default judgment is CORRECT?

[A] Where the defendant has satisfied the whole claim (including any claim
for costs) upon which the claimant is seeking judgment.

[B] The defendant has applied to have the claimant’s statement of case struck
out and the application has not been disposed of.

[C] Where the defendant has filed an acknowledgment of service but has not
filed a defence and the relevant time limit for doing so has expired.

[D] Where the claim is for delivery of goods subject to a Consumer Credit Act
Agreement.

Question 2

Fiddle Limited recently issued proceedings against Dodd & Co Limited for
breach of contract. The Claim Form and Particulars of Claim were served
on Dodd & Co Limited on 27 July. On 6 August Fiddle Limited entered
judgment in default of the service of an acknowledgment of service. Which
ONE of the following statements is CORRECT?

[A] The court may set aside the default judgment if Dodd & Co Limited can
show a triable issue.

[B] The court may set aside the default judgment if Dodd & Co Limited has
no real prospect of successfully defending the claim and no other good
reason why the judgment should be set aside or why they should be
allowed to defend the claim.

[C] The court must set aside the default judgment because the time limit for
the service of an acknowledgement of service or a defence had not
expired.

[D] The court must set aside the default judgment if Dodd & Co Limited has a
real prospect of successfully defending the claim.

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SGS 5 MCQS BPTC: CIVIL FT 2018/2019 and PT 2018/20

Question 3

Sally was injured at Gladbury Zoo when a crocodile ran up the side of its
pit and bit her in the face as she was leaning over to take a photograph of
it. She issued and served proceedings against Gladbury Zoo for damages
for personal injury including nervous shock. The Zoo has failed to file an
acknowledgment of service or a defence within the relevant time limit.

She now wishes to obtain default judgment. Which ONE of the following
statements is CORRECT?

[A] She can obtain default judgment by filing a request in the relevant practice
form.

[B] She must apply to the court for default judgment, in accordance with Part
23.

[C] She will not be entitled to default judgment because her claim is for an
amount that is yet to be decided.

[D] The court must set aside any default judgment if Gladbury Zoo
demonstrates a real prospect of successfully defending the claim or there
is some other good reason why the judgment should be set aside or why
Gladbury Zoo should be allowed to defend the claim.

Question 4

7 days have passed since the day on which a claim form and particulars
of claim for damages for negligent advice were deemed to have been
served on Rosa, a financial adviser. Assuming that the Claim Form and
Particulars of Claim were deemed to have been served on the same day,
which ONE of the following statements is WRONG?

[A] She now has up to 7 days to file a defence, if she decides not to file an
acknowledgement of service first.

[B] She now has up to 7 days to file an acknowledgment of service.

[C] If she files an acknowledgment of service today, she has another 21 days
within which to file a defence.

[D] If she does not file an acknowledgment of service, she has another 14
days within which to file a defence.

2 SGS 5 Law School

BPTC: CIVIL FT 2018/2019 and PT 2018/20 SGS 5 MCQS

Question 5

D.J. Jones Limited issued a claim against Woolly Jumpers Limited

claiming £20,000, being the price of goods sold and delivered. Woolly
Jumpers Limited wish to defend the claim. Which ONE of the following
statements is WRONG?

[A] If Woolly Jumpers Limited admit any parts of the claim, they do not need
to state this in their defence as it must contain only those allegations which
they deny.

[B] If Woolly Jumpers Limited fail to deal with an allegation made in the claim,
they will be taken to admit it, unless the allegation relates to the amount
of money being claimed by D.J. Jones Limited or unless the allegation is
inconsistent with the nature of the case set out in the defence.

[C] If Woolly Jumpers Limited deny any allegations made against them, they
must, in their defence, state their reasons for doing so and their own
version of events, if different from that given by D.J. Jones Limited.

[D] If D.J. Jones Limited decide not to file a reply, they will not be taken admit
matters raised in the defence of Woolly Jumpers Limited.

Question 6

In which ONE of the following claims would default judgment be available

under Part 12?

[A] A claim for the court’s approval of the settlement, prior to the
commencement of proceedings, of seven year old Jenny’s claim for
damages for personal injury arising from an accident at the local
swimming baths.

[B] A breach of contract claim where the defendant has not filed a defence
within the time limit, but has applied for summary judgment against the
claimant and the application has not yet been disposed of.

[C] A claim in admiralty proceedings.

[D] A claim for an injunction.

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SGS 5 MCQS BPTC: CIVIL FT 2018/2019 and PT 2018/20

Question 7

Simon obtained a surveyor’s report from Peter which contained negligent

advice on which Simon relied. They have followed the relevant pre-action
protocol but have not managed to settle the matter. The claim is worth
£27,000 and Simon now wishes to issue proceedings against Peter for this
amount.

Simon serves the Claim Form, with Particulars of Claim attached, by first
class post on Peter and this is deemed to have been served yesterday.
Peter wishes to defend the claim, as he believes he was given incorrect
information by Simon, but he is about to go away on business for 4 weeks
as he has a project he is involved with abroad. He thinks he will need
approximately 8 weeks to prepare and file a defence.

Which ONE of the following statements is the BEST advice to give to

Peter?

[A] Peter should make an application to the court as soon as possible for an
extension of time (56 days) to file his defence.

[B] Peter should write to Simon to notify him that he will be unable to file his
defence within the prescribed period and so will be filing it 56 days late.

[C] Peter should file an acknowledgment of service within the next 14 days
and notify the court that he will be unable to file his defence within the
prescribed period and so will be filing it 28 days late.

[D] Peter should file an acknowledgment of service within the next 14 days,
giving him 28 days after service of the particulars of claim and then seek
to obtain the Simon’s agreement to extend the time for filing his defence
by a further 28 days.

4 SGS 5 Law School

BPTC: CIVIL FT 2018/2019 and PT 2018/20 SGS 5 MCQS

Question 8

Freda recently issued a claim against Standby Sun Ltd (“Standby”), a

travel company, for breach of contract following a recent family holiday.
On arrival at the “luxury” hotel Freda found that the “sea view” family
room she had booked overlooked a motorway, that the swimming pool
was an unexplained shade of green and that a number of the excursions
she had paid for were cancelled.

After following the appropriate pre-action protocol, the matter failed to

settle, so Freda issued and served the Claim Form and Particulars of
Claim. Standby are defending the case on the basis that they believe
Freda is over-exaggerating her complaints and that they told her a sea-
view room and all the excursions could not be guaranteed at the time of
booking. Standby duly served a Defence to the claim within the prescribed
period (about a week ago).

Freda has now obtained a report on the contents of the water in the
swimming pool, having brought a sample back home with her, and also
wishes to claim in negligence for a bout of food poisoning she had on her
return, which she is now convinced was due to the food, which was
included as part of the package holiday. Freda would like these matters
to be included in her claim.

Which ONE of the following statements is the BEST advice to give to

Freda?

[A] Freda should include these matters within a reply, which she should serve
without the court’s permission.

[B] Freda should make an application to the court to obtain permission to

amend her Particulars of Claim to include these matters.

[C] Freda should make an application to the court to obtain permission to

serve a reply, which would include these matters.

[D] Freda should seek to obtain an order from the court for the claim to
continue without any further statements of case.

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SGS 5 MCQS BPTC: CIVIL FT 2018/2019 and PT 2018/20

Question 9

Freddie was injured whilst at a go-kart track and issued proceedings for
personal injury against the owners, Joyrides Ltd (“Joyrides”), who passed
the claim to their insurance brokers, Gotcha. Freddie claims that the go-
kart he was driving malfunctioned and caused him to skid off the track
into the barriers, injuring his leg.

Gotcha assured Joyrides that Gotcha was dealing with the claim on
Joyrides’ behalf but Joyrides has recently found out that default judgment
has been entered against the company for failing to file a defence.
Joyrides has also heard that Gotcha are in financial difficulties and may
not be able to pay out on the insurance policy. Joyrides are therefore
worried that Gotcha will not be able satisfy any potential judgment entered
against Joyrides and that the company will be forced to pay any judgment
itself.

Joyrides has a draft expert report which shows that the go-kart did not
malfunction and that the accident was caused as a result of Freddie’s bad
behaviour. This expert evidence, together with witness evidence which
supports the fact that Freddie was messing around and driving
dangerously, suggests that Joyrides has a real prospect of succeeding in
their defence to the claim. Unfortunately, due to other commitments, the
expert will not be able to make his report final for at least 4 months.

Freddie entered default judgment against Joyrides last week but he has
failed to file a certificate of service and no Response Pack was served with
the Claim Form and Particulars of Claim.

Which of the following is the BEST advice to give to Joyrides?

[A] Wait to see what happens with the financial position of Gotcha and then
at a later date rely on the technical failures of Freddie (not filing a
certificate of service and not including a Response Pack with the Claim
Form and Particulars of Claim) as grounds to set aside the default
judgment, as these will outweigh any delay by Joyrides in making the
application to set aside default judgment.

[B] Leave Gotcha to apply to set aside the default judgment and blame any
delay on their actions as Joyrides’ representatives.

[C] Joyrides should make an application to set aside the default judgment as
soon as possible, supported by a witness statement, exhibiting a draft
defence.

[D] Joyrides should wait until the final expert’s report has been received and
then make the application to set aside the default judgment, as this will be
needed to show a real prospect of successfully defending the claim.

6 SGS 5 Law School

BPTC: CIVIL FT 2018/2019 and PT 2018/20 SGS 5 MCQS

Question 10

Gareth injured his right, dominant hand at work on a piece of cutting

machinery. He was off work for 3 months and had to visit Gladbury
General Hospital twice a week initially for the dressings to be changed
and later, once a week, for physiotherapy sessions. He was unable to
drive and so had to take taxis to all his appointments. He also had to have
his wedding ring cut off his finger when they were treating him at the
hospital and he would like to replace this, preferably for the same type of
ring from the same jewellers that his wife bought it from originally.

There were several witnesses who saw the accident and Gareth has
obtained a medical report to support his claim for pain, suffering and loss
of amenity. His solicitors have prepared a schedule of past and future
expenses and losses and this was attached (with the medical report) to
the Particulars of Claim.

The Pre-Action Protocol for Personal Injury Claims was followed by both
parties, but did not result in settlement, so proceedings were issued by
Gareth against his employer, Printworks Ltd, recently for negligence as
he believes the equipment was defective. Printworks Ltd wishes to defend
the claim on the basis that the equipment was in proper working order but
Gareth was not using the safety equipment he had been provided with,
which he had been instructed and trained to use and that his errors
caused the accident.

Which ONE of the following statement(s) about the contents of

Printworks’ defence is WRONG?

[A] Printworks may not attach to or serve with its defence a copy of any
document which it considers necessary to its defence as this must be
dealt with later at the disclosure stage.

[B] Printworks may in its defence give the name of any witness that it
proposes to call even though this will be dealt with later when directions
questionnaires are filed.

[C] Printworks should state in its defence whether it agrees, disputes (and if
so give reasons for doing so in the defence) or has no knowledge of the
matters set out in the medical report Gareth has attached to his Particulars
of Claim and Printworks should attach a copy of any medical report it
intends to reply on to its defence.

[D] Printworks should include in or attach to its defence a counter-schedule

of past and future expenses and losses stating which items it agrees,
which it disputes (giving alternative figures) or which it has no knowledge
of.

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