MULTIPLE CHOICE QUESTIONS

ANSWERS
Bar
Professional

Question 1
Norman wishes to appeal against an interim order made in a fast
track claim by District Judge Smith in the County Court sitting at
Neverland yesterday.
Which ONE of the following is CORRECT?

[A] The appeal may be made with permission by way of a review of

the decision to a County Court Circuit Judge.

[B] The appeal may be made with permission by way of a review of

the decision to the Court of Appeal.

[C] The appeal may be made without permission by way of a rehearing

to the County Court Judge.

[D] The appeal may be made as of right by way of a review of the

decision to a High Court Judge.

[[A] is CORRECT. See CPR r.52n.3 (1), 52n.21 and Table 1 in Practice Direction
52A – Appeals: General Provisions (PD 52A) in the White Book 2016. With
regard to the route of appeal, Table 1 at paragraph 3.5 to PD 52A shows that
a decision by a District Judge should be appealed to a County Court Circuit
Judge]
Question 2

Box Holdings Ltd wish to appeal against the judgment at trial of a

High Court Judge delivered on Friday last week in a breach of
contract claim. The Judge made no order as to the time in which to
file any appeal.
Which ONE of the following is CORRECT?

[A] Notice of appeal must be filed not later than 21 days after the date
on which the judgment was sealed.

[B] Notice of appeal must be filed not later than 28 days after the date
on which the judgment was sealed.

[C] Notice of appeal must be filed not later than 21 days after the date
on which the court gave its decision.

[D] Notice of appeal must be filed not later than 28 days after the date
on which the court gave its decision.

[C] is CORRECT. See CPR r.52n.12 (2) (b) in White Book 2016]
Question 3

Harvey was the Defendant to a breach of contract claim which was

heard in the County Court sitting at Neverland. The Judge found that
Harvey sold the Claimant a broken car and he was ordered to pay
damages of £5000 to the Claimant. Harvey now has a new statement,
which he considers to be in support of his version of events, from
Hamish. Harvey is determined to appeal, and he seeks your advice in
relation to the ability to rely on Hamish’s statement at the appeal
hearing.
Hamish has just been released from prison having served a sentence
for fraud by false representation. The statement has many
inconsistencies in it, and only addresses Harvey’s apparent surprise
that the car he had sold had broken down 5 minutes after the Claimant
paid for it and drove off in it. Harvey knew that Hamish could have given
this evidence from before the trial began, and had regularly visited him
in prison where they had discussed the claim, but he only thought it
was worthwhile to obtain the statement once he found out that his claim
had not been successful.

Which ONE of the following is the best advice concerning the

Courts discretion to hear new evidence?

[A] New evidence cannot be used on an appeal unless a practice

direction provides otherwise. Therefore, it would be a waste of time
and expense applying to the court for permission to rely on the
statement from Hamish.
[B] The appeal court has a general discretion to hear new evidence if it
would be in the interests of justice in the circumstances of an
individual appeal. Therefore, it is worth requesting permission that
the hearing proceed by way of re-hearing and there is a strong
chance that the court will hear the fresh evidence.

[C] The considerations of the appeal court will include whether the
evidence could not have been obtained with reasonable diligence
for use at the trial, whether it is credible, and whether it was
probable that it would have an important influence on the outcome
of the case. Therefore, whilst the Court has discretion to rely on
fresh evidence in the interests of justice, it is unlikely to do so in this
instance making it a potential waste of time and expense to apply.

[D] The appeal court can receive fresh evidence if it would be in the
interests of justice to hold a re-hearing. Whether the evidence would
have had an important influence on the case is not a factor that the
Court will consider as that cannot be determined unless and until
the evidence is heard.

[C] [This is the BEST ADVICE as the law is correct and the advice on
prospects of success is sound – see Ladd v Marshall [1954] 1 W.L.R. 1489 in
52.11.2 and CPR 52n.21] its discretion to hold a re-hearing].
Question 4

Loretta has brought a £40,000 claim in the County Court against

Neverland Council for personal injuries sustained in one of their
parks. The claim was allocated to the multi-track due to its value. At
the trial on liability which took place on Friday last week, judgment
was given in favour of Loretta. Permission to appeal was refused by
the Circuit Judge at the end of the trial. Neverland Council have a
conference with you today (please assume this takes place on the
Monday immediately following the split trial). At the end of the
conference Neverland Council provide instructions to you that they
still wish to appeal the decision on liability made at the conclusion
of the trial.
Which of the following is the correct?

[A] Permission to appeal should be sought from the Court of Appeal

in the appeal notice.

[B] The Court may only give permission if it considers that the appeal
would raise an important point of principle or practice or has a real
prospect of success.
[C] Permission to appeal can only be made to the lower court at the
hearing at which the decision to be appealed was made.
[D] The Court may only give permission if it considers that the appeal
would have a real prospect of success or there is some other
compelling reason why the appeal should be heard.

[D] [this is CORRECT – see CPR 52n.6 of the White Book 2016 which states
that permission to appeal may be given only where (a) the court considers
that the appeal would have a real prospect of success or (b) there is some
other compelling reason for the appeal to be heard]
Question 5

Which of the following is the best advice in relation to appeals

generally?

[A] If the trial judge refuses permission, it is, generally speaking, not
worth seeking permission to appeal from the appeal court. The trial
judge knows the case best and if he or she has refused permission
it is unlikely that a different judge in a higher court would make a
different decision. Therefore, it is not usually worth the time and
expense.

[B] If the trial judge refuses permission, it is still worth seeking

permission to appeal from the appeal court. A different judge might
have a different opinion of the prospects of success. Therefore, it is
always worth spending the money and taking the time to file an
appellant’s notice.

[C] If the trial judge refuses permission, it is may still be worth seeking
permission to appeal from the appeal court. A different judge may
have a different opinion of the prospects of success. However,
given that there is time to think about making an application, it is
worth giving your client advice in relation to merits which ought to
be considered carefully in light of the potential cost implications.

[D] If the trial judge has not been asked for permission to appeal then
you cannot ask permission from the appeal court.

[C] [this is the BEST advice. Sometimes seeking permission orally at

the end of a hearing is the best thing to do, even if permission to
appeal is not pursued further. It is good advice to consider the merits
in light of the expenses of pursing the application further. See CPR
52n.3(2) of the White Book 2016].
Question 6

Sue and Martin Smithson instructed a builder, Arthur Jones (who is

a sole trader), to build an extension to their family home. They paid
him £15,000 up front and he began work immediately. However, on
a number of occasions Arthur asked for more money and he
repeatedly postponed the date on which he hoped to have finished
the work. Sue and Martin soon had concerns and they instructed a
surveyor to assess the work undertaken to date. The surveyor
concluded that in his opinion the work that had been done was of
such a poor standard that it would cost £40,000 to repair, and a
further £40,000 to complete the extension.
Sue and Martin asked Arthur to cease work on the house, and they
requested that he pay them their money back. Arthur refused, and
maintained that the work he had done was of a good quality.

Sue and Martin issued and served a claim for the money owed to
them by Arthur. By way of response to the claim, Arthur wrote a
letter to the court stating that Sue and Martin had threatened him
with legal proceedings. At an interim hearing in the County Court,
the defence was struck out and judgment was given on the claim
for £67,000, to be paid within 14 days.

Four months have passed and Arthur has not made a single
payment. Arthur is a self-employed builder, who owns the house
that he lives in which has no mortgage. Martin and Sue know
through a mutual friend that Arthur has an expensive Victorian
pottery collection which was last valued at £7,000. They know he
has a van and tools which he uses for work, but no other assets of
note. Arthur mentioned in Court that he is not waiting for any
payments from other customers because they all paid in full in
advance of him starting work due to the fact that he had no money
in his bank accounts to buy the necessary materials. He also said
that his business is doing very badly.

Martin and Sue are in desperate need of some money very soon
(approximately £6,000) to finish the house as soon as possible, but
are realistic that they are unlikely to receive the full amount any time
soon. They feel strongly that they should recover the full amount at
some point in the future, and they also want you to try and achieve
this for them.
Advise Sue and Martin on the best way to enforce the judgment in
their favour from the following options:

[A] Martin and Sue would be best advised to apply for an attachment
of earnings order.

[B] Martin and Sue would be best advised to apply for a charging order.
 [C] Martin and Sue would be best advised to apply for a warrant of
control and a charging order.

[D] Martin and Sue would be best advised to apply for a warrant of
control only.

[C] This is the BEST advice. The warrant of control seems likely to realise
some money on these facts due to the pottery collection. The pottery
collection is likely to realise approximately £7,000 (maybe more if there are
other assets which can be seized and sold, although some of Arthur’s items
or equipment that he needs for work will be exempt – see 84.0.2). This will
give Martin and Sue the money they need to finish the works on their house,
and could potentially be a quick method of enforcement. However, a charging
order should be sought as well as it appears on the facts the only remaining
option for securing the remaining amount. It is possible to combine different
methods of enforcement. See CPR 70.2, 70PD1.1, 73.0.1 and CPR 73.3, 83.0.4,
84.0.2 – 3, 83.2 and 84.3].

Question 7
 Rachel and Sally were in a road traffic collision in January 2016.
Both thought the other was to blame. After a short trial in November
2016, District Judge Davis found that Rachel was at fault and gave
judgment for Sally in the amount of £3,400, to be paid within 21
days.
Rachel has not paid anything. Rachel had been ordered to attend
court and provide information about her means following an
application by Sally. As a result, Sally knows that Rachel used to be
an accountant, but she recently has changed career. She is now a
yoga teacher. She is employed at Yoga Zen Studios and earns
approximately £300 per month, which is just about enough to cover
her living expenses. Rachel owns her own house which has a
mortgage for 98% of its value (leaving equity of £2,000), and has
approximately £5,000 in a bank account saved from when she was
earning more as an accountant.
Please advise Sally on the most appropriate method of enforcement
from the following options:
[A] Apply for a third party debt order over Rachel’s bank account.

[B] Apply for an attachment to earnings order over the money held by
the bank.

[C] Apply for a charging order over Rachel’s house.

[D] Apply for an attachment to earnings order over Rachel’s yoga

income.

[A] [This is the BEST advice as it is the most suitable order on these facts. A
bank account in credit is a debt due by the bank to its customer. It would
realise the money owed securely (as it is paid directly to the judgment
creditor) and would be fairly straightforward given that the third party is
reliable. See 72.0.1, CPR 72.1-3
 Question 8

Fred is a judgment debtor. He was found liable in a contract claim

heard in Neverland County Court by District Judge Stern (DJ Stern).
DJ Stern has now been asked to consider enforcement.
Which of the following is CORRECT?

[A] If judgment was given 7 days ago and the full amount was ordered
to be paid within 7 days, Fred has another 7 days to comply with
the judgment for the payment of the full amount of money (including
costs) as any party has 14 days to pay an order or judgment,
regardless of what the order states.

[B] If the judgment or order did not state a date by which Fred must
comply, he has 21 days from the date of the judgment or order to
pay it, unless any rule specifies a different date for compliance or
the court has stayed the proceedings or judgment.

[C] If DJ Stern makes an Attachment of Earnings Order, no other

method of enforcement may be used until the order has expired or
been revoked.

[D] An Attachment of Earnings Order may only be made in the County

Court.

[Option [D] is CORRECT – see 70PD para 1.1(4)) in the White Book 2016]
Question 9

Which of the following is/are WRONG?

[A] A “judgment or order for the payment of money” includes a

judgment or order for the payment of costs but does not include
a judgment or order for the payment of money into court.

[B] A judgment creditor may, except where an enactment, rule or

PD provides otherwise, use any method of enforcement in
relation to a judgment or order for the payment of money,
which is available and use more than one method of
enforcement, either at the same time or one after another.

[C] A judgment creditor may, except where an enactment, rule or

PD provides otherwise, use any method of enforcement in
relation to a judgment or order for the payment of money which
is available but may only use more than one method of
enforcement one after another.

[D] Subject to rule 83.17, a judgment creditor wishing to enforce a

High Court judgment or order in the County Court must apply
to the High Court for an order transferring the proceedings. A
practice direction may make provision about the transfer of
proceedings for enforcement.

[C] [This is WRONG and therefore the CORRECT answer. See CPR 70.2(2)
in the White Book 2016 - different methods can be used atthe same time
save for as provided by another rule, enactment or PD].
Question 10

21 days ago you represented Neverland Furnishings Ltd at trial

on a claim allocated to the fast track. At trial, your client
obtained judgment in the sum of £15,000 against Tom Jones
relating to an unpaid invoice for materials, goods and services
supplied to him, which was the full amount claimed. Neverland
obtained a Charging Order on his property. Tom has now
applied to have the judgment set aside.

What is CORRECT advice to give your client concerning

enforcement if the judgment is set aside?
[A] The enforcement will not be affected.

[B] The enforcement will cease to have effect.

[C] The enforcement will cease to have effect unless the court
orders otherwise.

[D] The enforcement proceedings will be transferred to another

court.

[C] [This is the CORRECT – see CPR 70.6 - if a judgment or order is set
aside, any enforcement of the judgment or order shall cease to have
effect unless the court otherwise orders. The Court may keep the
enforcement process “on hold” see r 70.6.2]
Question 11

Which ONE of the following statements is WRONG in relation to

fast track trials?

[A] They will generally last no longer than a day.

[B] Oral expert evidence will always be limited to one per party

[C] The court will not direct an expert to attend the hearing unless it is
necessary to do so in the interests of justice.

[D] The general rule is that lay witnesses should give oral evidence.

[[B] is WRONG and is therefore the CORRECT answer. Expert evidence is

not always limited to one per party; it will be limited to one expert per party
in relation to any expert field and expert evidence in two expert fields. See
CPR r.26.6 (5) (b).]
Question 12

In relation to witness summonses, which ONE of the following

statements is WRONG?

[A] A party must obtain permission from the court to have a witness
summons issued less than 7 days before the trial date.

[B] When the witness summons is served, the witness must be

offered or paid a reasonable sum to cover travelling expenses and
compensation for loss of time.

[C] A party must obtain permission from the court to have a witness
summons issued for a witness to attend any hearing except trial.
[D] A witness summons must be served by the party on whose
behalf it is issued.

[[D] is WRONG (you are looking for the wrong statement) and is therefore
the CORRECT answer. See r.34.6 in White Book 2016.]
Question 13

Kenneth is an important witness for the Claimant in a high value

personal injury case, but he is too ill to attend trial and it is not
possible to take his evidence by video link. The Claimant intends to
obtain an order for Kenneth to give his evidence by way of a
deposition. Which of the following statements numbered (i) to (iv)
is/are CORRECT?

[A] If a deposition is ordered, Kenneth can only be examined

on oath by a judge.
[B] When the order for the deposition is served on him,
Kenneth must be offered or paid reasonable travelling
expenses and compensation for his loss of time.
[C] The court may, when it makes an order for a deposition to
be taken, also order that Kenneth serve a witness statement or
a witness summary.
[D] Once obtained, the deposition can be put in evidence
without giving notice to the other party.

Select ONE of the following:

[A] (i) and (ii).

[B] (ii) and (iv).
[C] (ii) and (iii
[D] (ii), (iii) and (iv).

[[C] is CORRECT as (ii) and (iii) are correct. See r.34.8

(6) (for option (ii)) and r.34.8 (7) (for option (iii) ) in White Book 2016.
Question 14

Fabrico Ltd issues proceedings against Dodgey Designs Ltd for

breach of contract and obtains judgment for £25,000 plus interest
and costs at final trial. Which ONE of the following statements in
relation to the judgment is CORRECT?
[A] The court must draw up the judgment.
[B] The judgment automatically takes effect from the date it is served
on Dodgey Designs Ltd..]
[C] The court cannot correct any omissions made in the judgment.
[D] Dodgey Designs Ltd must pay the £25,000 (plus interest and costs)
within 14 days of the judgment date, unless the court orders
otherwise or has stayed the judgment.

[[D] is CORRECT. See r.40.11 in White Book 2016.]

Question 15

In which of the following scenarios will permission of the court be

required to discontinue all or part of a claim?

(i) Where the claim has been amended.

(ii) Where the court has granted an interim injunction.

(iii) Where there is more than one Defendant.

(iv) Where there is more than one Claimant and the others will not
give their consent in writing.

Select ONE of the following:

[A] (ii) and (iv) only.

[B] (iv) only

[C] (ii), (iii) and (iv) only.

[D]
[E] All of them.]

[[A] is CORRECT.
Question 16

Brian has issued a claim for personal injury against Owen following
a road traffic accident. Kathy and Craig were witnesses to the
accident and have provided witness statements which support
Brian’s claim. These have been served in accordance with the
directions given on allocation. The case has proceeded to trial and
Brian intends to call Kathy and Craig to give oral evidence. Kathy
has unfortunately had to go to hospital for a routine operation at the
time of the trial and will be unable to attend.

Which of the following statements is/are CORRECT on how the

court may deem it appropriate to proceed?

(i) The court may allow Kathy to give evidence through a video link.

(ii) The court may limit the cross-examination of Craig.

(iii) The court may exclude the evidence of Kathy, which would
otherwise be admissible.

(iv) The court may decide that Craig may not be called as a witness.

Select ONE of the following:

[A] (i) and (ii) only.

[B] (i), (ii) and (iv) only.]

[C] (iii) and (iv) only.

[D] All of them.

[[D] is CORRECT as all the statements are correct. See r.32.3, r.32.1 (3),
r.32.1 (2) and r.32.2 (3) (b) in White Book 2016 respectively.]
Question 17

Phoneup Plc issued proceedings against Cellular Ltd for infringing

a patent held by them. Cellular defended the claim and also brought
a counterclaim against Phoneup for losing out on a contract as a
result of the proceedings. The case went to trial and judgment was
handed down on 17th January 2017 in favour Phoneup in relation to
part of the claim (£560,000) and in favour of Cellular in relation to
part of the counterclaim (£140,000). Binary Ltd, a non-party, was
also affected by the judgment, which was drawn up by Phoneup and
served by the court a few days later on 20th January 2017.
Which ONE of the following statements in relation to the judgment
is WRONG?

[A] Binary Ltd may apply to have the judgment set aside or varied,
despite being a non-party as they are directly affected by the
judgment. ]
[B] Interest shall begin to run from 20th January 2017 when the
judgment is served, unless the court orders otherwise.

[C] The court may order Cellular to pay the balance of £420,000 to
Phoneup, rather than ordering Cellular to pay Phoneup £560,000
and Phoneup to pay Cellular £140,000.

[D] The court may make a separate order as to costs against Phoneup
in relation to losing the counterclaim (in part) and against Cellular
on losing the claim (in part).

[C] is correct. See r.40.13 in White Book 2016.

Question 18

Victoria Harris issue a claim against her architect for professional

negligence. The claim proceeds to trial and Victoria, unfamiliar with
the court process, asks you at a pre-trial conference the likely order
of events at trial.
Although the court may adopt a different approach, which ONE of
the following BEST reflects the usual sequence of evidence and
speeches at trial?

[A] Claimant’s opening speech (unless dispensed with) – Defendant’s

opening speech – Claimant’s evidence – Defendant’s evidence –
Defendant’s closing speech – Claimant’s closing speech –
Consideration of Costs – Judgment.
[B] Claimant’s opening speech (unless dispensed with) – Claimant’s
evidence – Claimant’s closing speech – Defendant’s evidence –
Defendant’s closing speech – Judgment – Consideration of Costs.

[C] Claimant’s opening speech (unless dispensed with) – Claimant’s

evidence – Defendant’s evidence – Defendant’s closing speech –
Claimant’s closing speech – Judgment – Consideration of Costs.
[D] Claimant’s opening speech (unless dispensed with) – Claimant’s
evidence – Defendant’s evidence – Claimant’s closing speech –
Defendant’s closing speech – Judgment – Consideration of Costs.
]

[[C] is CORRECT as it is the BEST reflection of the usual sequence of

evidence and speeches at trial. See Sime Manual 19th edition paragraphs
39.36-39.54 and para 28.6.5 of the White Book 2016. Please note that this
reading is not curriculum reading for 2016/15, but the “trial of civil cases
including trial timetables, order of speeches, calling and examining
witnesses, judgments, submissions on orders for costs and permission to
appeal” is on the curriculum
Question 19

Value Added Ltd have issued a claim against one of its employees,
Louis Martinez, for breaching a covenant in his employment
contract.

Prior to issue, Value Added failed to comply with the Practice

Direction on Pre-Action Conduct as they did not provide sufficient
information to Louis for him to make a decision as to how to
proceed and also refused to use any form of ADR, as they were
sceptical about the outcome of this. As a result, Value Added was
ordered to pay a sum of money into court (£12,500) as they could
show no good reason for failing to comply with the pre-action
procedure. In addition, the court ordered that the proceedings be
stayed for 2 months to ensure that both parties could take the
appropriate pre-action steps in accordance with the Practice
Direction on Pre-Action Conduct.
During this time, Value Added provided Louis with the information
that he needed and also entered into negotiation discussions with
him. Both parties are now keen to settle and move on. They have
managed to reach an agreed set of terms, which involve an
extremely complicated pay-out structure for Louis as he owns
shares in the business and confidentiality clauses as Value Added
do not wish any of their other employees or competitors to find out
about the settlement terms. In that later regard, confidentiality is
very important. They have also agreed that the money Value Added
paid into court will be paid out to Louis as part of the settlement.
Terms have also been agreed on points a Judge could not order.

Which ONE of the following is the BEST ADVICE as to how the

agreement should be drawn up by the parties?

[A] The parties should draw up the agreement as a Tomlin order, with
the agreed terms set out in a schedule attached and provisions for
the payment out of the money paid into court, a stay (with liberty to
apply to carry the terms into effect) and detailed assessment of
costs set out in the body of the order.

[B] The parties should draw up the agreement as a Tomlin order, with
the agreed terms and provisions for a detailed assessment of costs
and for the payment out of the money paid into court set out in a
schedule attached and the provision for a stay (with liberty to apply
to carry the terms into effect) set out in the body of the order.]
 [C] The parties should draw up the agreement as a Tomlin order, with
the agreed terms and provision for the payment out of the money
paid into court set out in a schedule attached and the provisions for
a stay (with liberty to apply to carry the terms into effect) and
detailed assessment of costs set out in the body of the order.

[D] The parties should draw up the agreement as a consent order,

which should be signed and expressed as being “By Consent”, with
the agreed terms, the provision for a stay (with liberty to apply to
carry the terms into effect) and payment out of the money paid into
court and a detailed assessment of costs clearly set out in the order.

[[A] is the BEST ADVICE and so is the CORRECT answer. See the editorial
commentary in para 40.6.2 of the White Book 2016.]
Question 20

Abacus Partnership, a firm of accountants, issued proceedings against one

of its clients, Supaglazing Ltd, for the recovery of their unpaid professional
fees. Supaglazing dispute the claim as they believe the services provided
by Abacus were negligent and therefore served a Defence and
Counterclaim for professional negligence.
The case was allocated to the multi-track and directions were given on
allocation for disclosure to take place and witness statements and experts’
reports to be exchanged. Disclosure has now taken place.
One of the partners at Abacus Partnership, Morgan Bashford, is to be a
witness in the case and his witness statement has been prepared and
served in accordance with the court directions. Expert reports have also
been exchanged and the matter has proceeded to trial. Morgan Bashford is
willing to attend court to give evidence orally, but has very recently
discovered further new information which he believes supports the case of
Abacus Partnership.
Which ONE of the following is the BEST ADVICE as to how the evidence of
Morgan Bashford should be dealt with in court for Abacus Partnership to
be able to rely on it?

[A] Put Morgan Bashford’s witness statement in as hearsay evidence rather

than call him to give oral evidence, as this will save costs and avoid the
difficulties of dealing with the new matters that have arisen since the witness
statement was served.
[B] Call Morgan Bashford to give oral evidence at the trial, with his witness
statement standing as his evidence in chief and seek the court’s permission
(showing good reason) for him to give evidence regarding the new matters
that have arisen since the witness statement was served.
[C] Avoid the difficulties of dealing with the new matters that have arisen since
the witness statement was served and save costs by not calling Morgan
Bashford or putting his witness statement in as hearsay evidence as
Supaglazing Ltd must then put the witness statement in as hearsay
evidence, which will save costs for Abacus Partnership.
[D] Call Morgan Bashford to give oral evidence at the trial and then take the
witness through the statement in examination in chief as this will allow the
claimant to deal with the new matters at the same time without needing to
obtain the court’s permission.
[[B] is the BEST ADVICE and so is the CORRECT answer as the matter has
proceeded to trial. See r.32.5 (1) - (4) in White Book 2016.]
Question 21

Brian has obtained a judgment for £15,000 against James following a fast track trial
in the County Court at Northville. James fails to satisfy the judgment. Brian obtains
information that James is the owner of goods to the value of £15,000. Brian now
seeks advice as to the process by which he may obtain control over these goods
to satisfy the judgment debt.

Which of the following procedures should Brian follow in seeking to enforce the
judgment?

[A] Brian should apply to the County Court at Northville for a Writ of Delivery.

[B] Brian should apply to the High Court for a Writ of Control.

[C] Brian should apply to the County Court at Northville for a Warrant of Control.

[D] Brian should apply to the High Court for a Writ of Possession.

The correct answer is B. If a party wants to gain control over the judgment debtors
goods this is done by Warrant of Control in the County Court and by Writ of Control in the
High Court. (High Court and County Court Jurisdiction Order 1991(SI 1991/724. Art
8(1))(a) and see Sime 48.02., CPR 83.19 and 83.15. and PD 70 paras 1A.1 and 1.1 NB
Although this case was heard in the County Court, judgments for £5,000 or more must
be transferred to the High Court for enforcement by the method of control over goods.

A Writ of Delivery (A) is appropriate to enforce a judgment for the delivery of goods and
a Writ of Possession (D) will secure possession of land.
Question 22

Melinda has had judgment ordered against her and has been ordered by the court
to pay Wei Ling damages in the sum of £5,000. Melinda is a self – employed hair -
dresser and as such has a monthly income of approximately £1,500. This income
is paid into a bank account she holds with the Chartered Standish Bank. Her bank
account currently is £200 in credit. She lives with her boyfriend, Graham, in a flat
which they jointly own and which currently has an equity of £30,000. Graham owns
a high specification flat screen HD 52” TV and sound system worth £4,000 which
both he and Melinda enjoy.

Which of the following statements is the best advice to give to the judgment
creditor in relation to the enforcement of the judgment?

([A] The judgment can be enforced by a third party debt order.

[B] The judgment can be enforced by a charging order against the flat.

[C] The judgment can be enforced by taking control of the TV and sound system.

{D] The judgment can be enforced by an attachment of earnings order.

[B] is the best advice (CPR 73) as Melinda and her boyfriend jointly own the flat and
there is sufficient equity in the flat to pay the judgment debt. [A], although possible, is
not the best advice because Melinda only has £200 in the bank account and therefore
it is not worth using this method, particularly as the judgment debt is £5000.
Question 23

You represented Derrick in a county court claim against Marjorie. Derrick

obtained judgment for £ 6,000 and costs agreed at £2,500. This was 4 months
ago, since which date Marjorie has made no attempt to settle these
outstanding sums. Your instructing solicitors are aware that there are
various methods of enforcement available to Derrick and seek some general
advice from you.

Which ONE of the following is the correct advice to give?

[A] Derrick, as the judgment creditor may use any method of enforcement which is
available, provided such methods are used sequentially.

[B] The rules relating to enforcement of judgments or orders for the payment of money
include a judgment or order for the payment of money into court, but do not include a
judgment or order for the payment of costs. Therefore, although you will be able to
advise Derrick as to how to seek to enforce the judgment sum of £ 6,000, this advice
will not extend to the order for costs for £2,500.

[C] If Derrick wishes to consider an attachment of earnings as a method of

enforcement, an application will need to be made to the High Court, to transfer the
claim from the County to the High Court as only the High Court has jurisdiction over
this method of enforcement.

[D] Where the sum which is sought to be enforced is more than £ 5,000, the judgment
must be enforced in the High Court.

D is the correct answer (see CPR 70.3 and explanatory notes 70.3.1 and 70.3.2).
A is wrong (see CPR 70.2(2)(a) and (b) which make it clear that a judgment debtor
can use any method of enforcement available either at the same time or one after
the other).
Question 24

Which ONE of the following statements regarding Orders for Information

from Judgment Debtors is CORRECT?

[A] An order for information from Judgment Debtors may be obtained by a potential
claimant before a claim is commenced, to ensure that there will be a real prospect of
enforcing the judgment should the claimant be successful at trial.

[B] An application for a Judgment Debtor to attend court will be made on notice to the
Judgment Debtor.

[C] An application for a Judgment Debtor to attend court, may be made without notice
and may be dealt with by a court officer without a hearing.

[D] A Judgment Debtor ordered to attend court will be questioned by a Judge unless
the court orders that the hearing should be before a court officer.

[C] is correct (see CPR 71.2(2)(a) and 71.2(4)) which sets out the procedure for the
order for information from the Judgment Debtor. A is wrong - see the reading at
71.01. which makes it clear that there must be a judgment before this procedure can
be used and that it is not available pre action. B is wrong (see CPR 71.2(2)(a) which
makes it clear that the first stage of the procedure can be made without notice to the
Judgment Debtor).
D is wrong, the presumption will be that the questions will be asked by a court officer
and only in rare cases by the Judge (see CPR 71.6(2)).
Question 25

Sally has obtained a judgment against David for £10,000. David serves in (and
is employed by) the Army. David solely owns a house worth £200,000 which has
an outstanding mortgage on it of £195,000.David owns several valuable
antiques. He has several bank accounts, all of which are very substantially
overdrawn and which have been for some time. David has no other assets.
What is the best advice that you can give to Sally about how she might want to
seek to enforce her judgment against David?

[A] Sally can enforce the judgment by a third party debt order.

[B] Sally can enforce the judgment by an attachment of earnings order.

[C] Sally can enforce the judgment by a charging order.

[D] Sally can enforce the judgment by a Warrant of Control (i.e. by taking control
of the goods).

The best advice to Sally is that set out at B. An attachment of earnings order is
possible as we are told that David is employed and so he will be earning a salary. It
would not be possible if he were self-employed. (CPR 89)

A is not appropriate advice to give because Sally cannot enforce the judgment by a
third party debt order (as we are told that all of his bank accounts are overdrawn).
(CPR 72)

C is not the best advice to give – it is unlikely that a charging order would be of any
benefit to Sally – although we are told that David owns his own house, we are told that
it is encumbered with a mortgage of £195,000. (CPR 73)

D is not the most apprioruate advice as although enforcement by way of writ of

control is possible as we are told that David has valuable antiques option D refers to
a warrant of control, which is wrong. Note that it is a writ of control as this would be
enforced in the High Court due to the value of the judgment (and so is not a warrant
of control in the County Court) (CPR 83 and 84)
Question 26

Excel Limited (“Excel”) brought an action for breach of fiduciary duty and
breach of contract against Diamond Realty Industries Limited (“Diamond”) in
relation to a proposed joint venture agreement. After prolonged negotiation the
parties agreed settlement terms. The terms of the settlement went beyond the
issues in the original dispute, in particular including a clear and unambiguous
clause requiring Diamond to provide funding for a future joint project. The
terms were embodied in a Tomlin order dated 6 February 2016. One year later
Diamond broke the terms of the agreement by refusing to provide funding for
the future project.

Which of the following statements about how Excel should now proceed is the
best option?

[A] Excel can directly enforce the terms of the schedule without any further order
of the court.

[B] As the breached term was not in issue in the original claim, Excel should bring
a new claim in order to enforce the agreement.

[C] Excel should apply to set the Tomlin order aside and seek permission to amend
the particulars of claim to include a claim for breach of the agreement in the
Tomlin order.

[D] Excel should invoke the ‘liberty to apply’ clause in the Tomlin order and seek
an order requiring Diamond to comply with the agreement in the schedule
attached to the Tomlin order.

The best option is D.

White Book 40.6.2 confirms the correct procedure if there is a breach of the agreement
in the Tomlin order is as outlined in option D. Options A, B and C are wrong. B is
wrong as the fact that the breached term of settlement was not in issue in the original
claim is irrelevant. The Tomlin Order is especially useful when parties reach a
compromise which includes elements which the court could not have ordered (e.g. an
apology from the defendant to the claimant, or an agreement that the defendant would
in future give the claimant the right to bid for contracts at a reduced rate). These terms
of agreement would be in the Schedule to the Tomlin Order and the Order would state
that there would be liberty to apply… etc etc
C is wrong for the reasons set out at B but also, thinking about it- and using your
knowledge of the overriding objective, it would not be making the best use of the courts
time and resources if a new claim needed to be brought to enforce the agreement. A
is obviously wrong – see WB 40.6.2.
Question 27

The following statements purport to relate to Consent Orders. Which is the

correct option?

[A] A Consent Order must be expressed to be either "By Consent" or "Pursuant to the
Agreement of the parties" in order for it to be accepted by the Court.

[B] In all circumstances, Consent Orders must be signed by the parties to the
agreement (and not the legal representative) to ensure compliance with its terms.

[C] A Consent Order must be expressed to be "By Consent".

[D] A Consent Order must still be drawn up and filed with the court when settlement
has been reached before proceedings have been issued, if the pre- action protocols
have been followed by the parties.

C is the correct answer (CPR 40.6(7)(b)). Consequently, the wording in option A is

incorrect and so A is wrong. D is wrong as it is important to realise that the court will
not be aware of the proceedings if a claim has not been issued and so a Consent
Order would not be necessary (if an agreement were reached between the parties to
a dispute before proceedings had commenced, then that agreement could be
recorded in a settlement agreement and if the terms were subsequently breached then
the aggrieved party could sue under the terms of that agreement). B is wrong as the
Consent order must be signed by the legal representative acting for the parties to
whom the order relates (or by the party if the party is a litigant in person) ( CPR
40.6(7)(c))
Question 28

Which of the following statements correctly identifies an aspect of a Tomlin

Order?

[A] A Tomlin Order may only be used where it relates to an agreement for the
payment of money (including costs)

[B] Any direction or agreement for a sum of money to be paid out of court, or the
assessment of costs, must be included to the schedule to the Tomlin Order and not
in the body of the Tomlin Order.

[C]In the event of a breach of a term contained in the schedule to the Tomlin Order,
the aggrieved party can automatically enforce the term of the agreement which has
been breached.

[D]Any direction or agreement for a sum of money to be paid out of court, or the
assessment of costs, must be included in the body of the Tomlin order and not in the
schedule to the Tomlin order.

D is the correct answer. It is important to understand the device of the Tomlin Order
(see reading at paragraph 40.6.2 of the White Book). It is useful where the terms of
the agreement go beyond what the court could order. Often the terms of the
agreement, if complex, go beyond what the court would order, or are sensitive to public
scrutiny, will be attached to a schedule to the Tomlin Order. The terms in the schedule
however, will not therefore strictly speaking form part of the body of the Order and so
could not be immediately enforced without a further order from the court, hence the
“liberty to apply provision”(and so C is wrong) . That is why something which the court
could order (such as a payment of a sum of money – or costs) should be included in
the body of the order and will therefore be directly enforceable. As D is correct, B must
therefore be wrong.
Question 29

Your client disagrees with the interim order made by a District Judge sitting in
the Bristol District Registry of the High Court. Your client wants to appeal this
decision. Which of the following states the correct position?

[A] An appeal lies to a High Court Judge without permission.

[B] An appeal lies to the County Court Circuit Judge with permission.

[C] An appeal lies to the Court of Appeal with permission.

[D] An appeal lies to a High Court Judge with permission.

The correct answer is D.

Routes of appeal are set out in PD52A Tables 1, 2 and 3. Table 1 is applicable here.
A District Judge in the District Registry will be treated as a ‘Master’ (see PD52A para
3.4) and the destination of the appeal is therefore the High Court Judge, with
permission.

A is wrong because an appeal cannot be made without permission unless the case
falls within one of the limited exceptions (committal orders, a refusal to grant habeas
corpus, and a secure accommodation order under the Children Act 1989 s.25 – see
CPR r 52n.3(1)(a)). B and C are wrong because the destination of the appeal is
incorrect in both these options.
Question 30

John a multimillionaire Defendant in a High Court breach of contract case has

had a judgment made against him to pay the Claimant, Richard, the sum of
£75,000, payment to be made within 14 days. He has instructed you to appeal
against the decision of the court, and the Court of Appeal has granted
permission to appeal. John now questions you and asks whether it is possible
delay the payment of the £75,000 until the appeal has been decided. In the
circumstances which one of the following provides the best advice to John?

[A] A successful application to appeal has the automatic effect of staying execution.

[B] A stay of execution cannot be granted and if the appeal is successful John will
have to claim the £75,000 back from Richard.

[C] In considering an application for a stay of execution the court will work from the
basic principle that the order should not be executed until the matter has been finally
determined.

[D] To obtain a stay of execution the appellant will have to show some special
circumstances taking the case out of the ordinary.

The correct answer is D.

The basic principle is that litigants should not be denied the benefits of litigation. The
appellant will have to show special circumstances, for example, that the appellant
would face financial ruin. See CPR 52n.16. The fact that CPR 52n.16 allows for an
appellant to make an application to the court for a stay, illustrates why A is wrong
(because of the reference to an “automatic stay”. Equally, as it is possible to apply to
the appeal court for a stay, B is wrong as it suggests that a stay cannot be made. C
is wrong as it recites the incorrect principles on which an application for a stay is
made. The explanatory notes to 52n.16 ( not on the syllabus) explain that to succeed
in obtaining a stay an appellant would need to show “ solid grounds” for the stay to be
put forward which normally means that “ some form of irremediable harm if no stay is
granted” ( WB paragraph 52.7.1 – the notes to the old Part 52 but which is still valid)
Question 31

Which of the following is an exceptional situation when an appeal may be made

without seeking permission?

[A] When a committal order has been refused.

[B] When an order granting habeas corpus has been made.

[C] When a secure accommodation order under section 25 of the Children Act 1989
has been refused

[D] When an order refusing to grant habeas corpus has been made.

The correct answer is D.

See CPR 52n.3(1)(a). Options A, B and C fall outside this provision but option D does
not as it xpressly states that an order refusing habeas corpus (not granting it) has
been made. The exceptions in r52n.3(1)(a) apply to situations where the liberty of the
subject is threatened. Hence, the exception does not apply where a company is in
contempt – i.e. permission to appeal is still needed in this situation.
Question 32

You are acting for the Claimant, Jessica Walters, who is suing the Defendant,
Peter Morgan, for damages for personal injury arising out of a road traffic
accident. The Claim has been allocated to the Fast Track. The Claimant wishes
to appeal against a decision made by a County Court District Judge and wishes
to know which of the following statements reflect the correct position.

[A] An appeal may be made with permission to a County Court Circuit Judge, and
will be by way of a review of the decision (unless the Court considers that it
would be in the interests of justice to hold a re-hearing).

[B] An appeal may be made as of right to the Court of Appeal, and will be by way
of a review of the decision (unless the Court considers that it would be in the
interests of justice to hold a re-hearing).

[C] An appeal may be made with permission to the Court of Appeal, and will be by
way of a review of the decision (unless the Court considers that it would be in
the interests of justice to hold a re-hearing).

[D] An appeal may be made without permission to the County Court Circuit Judge,
and will be by way of a re-hearing (unless the Court considers that it would be
in the interests of justice to hold a review).

The correct answer is A.

Routes of appeal are set out in PD52A Table 1, since these are not insolvency or
family proceedings. According to this, the destination of the appeal is to a County
Court Circuit Judge. Therefore, options B and C are wrong. CPR r 52n.21(1) states
that every appeal is heard by way of a review of the decision below unless the Court
considers it would be in the interests of justice to hold a re-hearing. Therefore option
D is wrong. D is wrong for the additional reason that permission is required.
Question 33

You are acting on behalf of Silver Printing Limited (‘Silver’) at a Fast Track trial
of their claim for damages for breach of contract against Bradford Builders
Limited (‘Bradford’). The trial judge, District Judge Peterson, has granted a short
adjournment while he considers the case before giving judgment. Silver’s
Managing Director, who is present in court with you, tells you that if Silver loses,
he wants to appeal.

Which of the following is the best advice you would give Silver on the question
of permission to appeal?

[A] Permission is required, and can only be sought in writing from the Circuit Judge
in the County Court.

[B] Permission is not required, because this is an appeal from a District Judge.

[C] Permission is required, and could initially be sought from District Judge Peterson.

[D] Permission is required, and must initially be sought from District Judge Peterson.

The correct answer is C.

The limited situations where permission to appeal is not required (CPR r 52n.3(1)), do
not apply here since it is a claim for damages for breach of contract. Therefore option
B is wrong. Permission may be sought initially orally before the lower court judge
(r.52n.3(2)(a) and PD 52A para 4.1). Therefore option A is wrong. The wording of
PD52A para 4.1 is much clearer than was the case under the previous provision as it
says the application for permission “may” be made to the lower court, whereas the
previous provision said the application “should” be made to the lower court, which
might have suggested an application for permission needed to be made to the lower
court. It is very clear from the wording in para 4.1 now that there is no such
requirement. Therefore, option D is wrong.
Question 34

Brian has obtained a judgment for £15,000 against James following a fast track
trial before DJ Todd in the County Court at Northville. James appeals to CJ Rush
in the same court and permission is granted but CJ Rush dismisses the
substantive appeal. James is considering a further appeal and wishes to know
what test would be applied by the court hearing the application to appeal against
the decision of CJ Rush. What is the best advice you could give him?

[A] Brian would need to show that the appeal would have a real prospect of success
and raise an important point of principle or practice.

[B] Brian would need to show that the appeal would have a real prospect of success
or that there is some other compelling reason for the appeal to be heard.

[C] Brian would need to show that the appeal would have a real prospect of success
and that there is some other compelling reason for the Court of Appeal to hear it.

[D] Brian would need to show that the appeal would have a real prospect of success
and raise an important point of principle or practice. Or, Brian would need to show that
there is some other compelling reason for the Court of Appeal to hear it.

The correct answer is D. The other options are incomplete or inaccurate renditions
of the test in r52n.7(2)
Question 35

Melinda is suing John for unregistered design right infringement in the

Intellectual Property Enterprise Court. Her claim was struck out by the
Enterprise Judge. Which one of the following options correct represents the
destination of the appeal and whether she needs permission.

[A] High Court with permission

[B] Court of Appeal without permission

[C] High Court without permission.

[D] Court of Appeal with permission

D is the correct answer – see Table 1 and CPR 52n.3(1)(a). This situation does
not fall within one of the exceptions in 52n.3(1)9a) where permission is not
required, so options B and C are wrong. Table 1 does not designate the High
Court to hear any appeal from the Intellectual Property Enterprise Judge.
Question 36

The Claimant wishes to appeal against the decision made at trial of a District Judge who
was exercising the jurisdiction of a Circuit Judge. The case concerned a commercial
transaction were judgment was for £25,000. You are asked to advise as to which Court
or Judge the appeal should be made.

Which one of the following statements is correct?

[A] A Circuit Judge

[B] The High Court

[C] The Court of Appeal

[D] A Master in the High Court

Answer [B] – PD 52A, para 3.5 Table 1 WB 4th supp page 127
Question 37

The Claimant pursues a claim for breach of contract. The value of the claim is £3,000. At
the final hearing the deputy District Judge finds in favour of the Defendant. The
Claimant wishes to appeal. You are asked to advise as to which Court the appeal
should be made.

Which one of the following statements is correct?

[A] A Single Judge of the High Court

[B] The Circuit Judge in the County Court
[C] The Court of Appeal
[D] The District judge in the County Court

Answer [B] - PD 52A, para 3.5 Table 1 page 1941.

This is a final decision in a small claims case. There is no distinction between a

deputy or full time district judge.
Question 38

The Claimant brings a personal injury claim in Cardiff County Court. The value of the claim
is £45,000. Two days after the defence is filed the Defendant issues an application to
strike out the claim. The hearing of the application takes place 7 days later but prior to
allocation. At that hearing the District Judge strikes out the claim. You are asked to advise
as to which Court the appeal should be made.

Which one of the following statements is correct?

[A] A Single Judge of the High Court

[B] The Supreme Court
[C] The Court of Appeal
[D] The Circuit Judge in the County Court

Answer [D] - This is an interim decision and PD52A paragraph 3.5 WB 4th supp page
127 applies. Although it has not yet been allocated the same destination for an
appeal would apply.
Question 39

Which one of the following statements as to when permission to appeal is not required is
correct?

[A] An appeal against a decision which is wrong in law

[B] An appeal against an order for committal

[C] An appeal against a decision which is wrong in fact

[D] An appeal on the grounds of bias

Answer [B] - This is one of the exceptions in CPR 52n.3(1). The others all require
the permission of the court to pursue an appeal.
Question 40

Which one of the following statements sets out the criteria to be met for permission to
appeal?

[A] That the decision was wrong in law

[B] That the decision was wrong in fact

[C] That there is a real prospect of success

[D] That the Judge erred in his discretion

Answer [C] - CPR 52n.6 is the test for permission to appeal. The others are the
grounds/ factors to be considered for allowing an appeal – CPR 52n.21
Question 41

The Judge finds against the Claimant at the final hearing on the 1 February 2017. The
order is drawn up and sealed on the 13 February 2017. It is received by the Claimant on
the 15 February 2017. The Claimant wishes to appeal. No permission to appeal was
sought at the hearing on the 1 February 2017 and the order does not state as to when
any appeal should be lodged.

By what date must the Claimant ensure that the application for permission to appeal is
filed?

Which one of the following calendar dates is the correct date?

[A] 6 March 2017

[B] 27 February 2017
[C] 15 February 2017
[D] 22 February 2017

Answer [D] CPR 52n.12. Time runs from the date of the decision not the date that
the order is drawn up. If the order is silent on the time, the Claimant/Appellant has
21 days.
Question 42

Which one of the following statements is wrong in relation to any appeal to the Court of
Appeal (‘CA’)?

[A] The CA if it grants permission to appeal may limit the issues to be heard on
appeal.

[B] The CA if it grants permission to appeal may make the permission to appeal
subject to conditions.

[C] The CA if it grants permission to appeal may give permission if it considers that
there is some other compelling reason for the appeal to be heard.

[D] The CA if it grants permission to appeal may give permission if it considers that
there is a real prospect of success or that the appeal raises an important point of
principle or practice.

Answer [D] - CPR 52n.6 . An order giving permission to appeal may limit both the
issues and be subject to conditions. However the CA may grant permission to
appeal if there is ‘some other compelling’ OR ‘ there is a real prospect of success
and an important point of principle or practice’ – Question requires you to know
the Rule!
Question 43

Which one of the following statements is wrong in relation to a Tomlin Order?

[A] A Tomlin Order is a form of consent order.

[B] The Order will set out the full details of the agreement between the parties. The
schedule will include a provision for the payment and assessment of costs.

[C] The Order does not set out the full details of the agreement between the parties.
Any provision for costs will be included within the Order. The schedule will set out
full details of the agreement between the parties.

[D] The Court has power to vary the terms incorporated into the Order but not to vary
the terms of the Schedule.

Answer [B] commentary 40.6.2 WB page 1322 –All the above points are dealt with
in the commentary and in the LG HO.