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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 36, what is the consequence for a defendant who fails to beat a claimant's Part 36 offer at trial?

    Answer: The defendant pays costs on the indemnity basis from the date of offer plus interest at an enhanced rate

    If the claimant's Part 36 offer is not beaten by the defendant, the court must award enhanced interest, indemnity costs, and an additional amount under CPR r.36.17.

  2. Which track is appropriate for a claim worth between £10,001 and £25,000?

    Answer: Fast track

    The fast track covers most cases between £10,001 and £25,000 (or up to £100,000 for personal injury cases for the intermediate track, introduced in 2023), with a fixed timetable.

  3. What is the primary purpose of a 'pre-action protocol'?

    Answer: To encourage parties to exchange information and attempt settlement before issuing a claim

    Pre-action protocols promote early exchange of information, proper investigation of claims, and settlement negotiations before the cost and delay of litigation.

  4. Under CPR Part 3, what power does the court have to manage cases?

    Answer: The court has broad case management powers including striking out statements of case, making unless orders, and setting timetables

    CPR Part 3 gives the court wide case management powers to ensure cases are dealt with justly and at proportionate cost, including the sanction of strike-out for non-compliance.

  5. What does the 'overriding objective' of the CPR require?

    Answer: That cases are dealt with justly and at proportionate cost, including ensuring parties are on an equal footing

    CPR r.1.1 sets out the overriding objective: dealing with cases justly and at proportionate cost, ensuring equality, saving expense, and allotting an appropriate share of court resources.

  6. A 'freezing injunction' (formerly Mareva injunction) prevents:

    Answer: A defendant from dissipating assets to frustrate enforcement of a future judgment

    A freezing injunction is an interim remedy that prevents the defendant from moving or disposing of assets so that any judgment can be enforced against them.