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Civil Litigation Flashcards

6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Civil Litigation flashcards as text

  1. Under CPR Part 35, an expert witness's overriding duty is to:

    Answer: The court, to provide independent and impartial assistance

    CPR r.35.3 makes clear that an expert's paramount duty is to the court, not to the party instructing them, requiring independence and objectivity.

  2. What is a 'summary judgment' application under CPR Part 24?

    Answer: An application for judgment without a full trial where the respondent has no real prospect of success

    Summary judgment dispenses with a full trial where the claim or defence has no real prospect of success and there is no other compelling reason for a trial.

  3. When is a 'default judgment' available under CPR Part 12?

    Answer: When the defendant fails to file an acknowledgment of service or a defence within the required period

    Default judgment is available where the defendant does not respond to the claim within the prescribed period, allowing the claimant to obtain judgment without a hearing.

  4. Under CPR Part 36, a claimant's Part 36 offer must:

    Answer: Be open for at least 21 days and comply with the formal requirements of CPR r.36.5

    A valid Part 36 offer must be in writing, state it is a Part 36 offer, specify a relevant period of not less than 21 days, and either relate to the whole claim or part of it.

  5. What is the test for granting an interim injunction set out in American Cyanamid v Ethicon [1975]?

    Answer: There is a serious question to be tried, and the balance of convenience (including adequacy of damages) favours the grant

    American Cyanamid lowered the threshold for interim injunctions: the claimant need only show a serious issue to be tried, then the court weighs the balance of convenience including whether damages would be an adequate remedy.

  6. A 'Tomlin Order' in civil proceedings has what effect?

    Answer: It stays proceedings on agreed terms scheduled to the order, enforceable without a further trial

    A Tomlin Order records a settlement and stays proceedings, with the terms attached in a schedule that can be enforced by application if breached, without needing to start new proceedings.