BPTC Civil Litigation 2

Question 1

Under the Limitation Act 1980, what is the standard limitation period for a contract claim?

Accepted Answer

6 years

Answer

Section 5 of the Limitation Act 1980 provides a six-year limitation period for simple contract claims, running from the date the cause of action accrued.

Question 2

What is the role of a 'litigation friend' in civil proceedings?

Accepted Answer

A person who conducts litigation on behalf of a child or protected party who lacks capacity

Answer

A litigation friend is required where a party is a child or lacks mental capacity; they conduct proceedings in the best interests of the protected party.

Question 3

What does a 'without prejudice' communication mean in the context of civil litigation?

Accepted Answer

The communication is made in a genuine attempt to settle and cannot generally be put before the court as evidence

Answer

Without prejudice privilege protects genuine settlement negotiations from being used as admissions in court, encouraging candid settlement discussions.

Question 4

Which remedy is available only in equity and is subject to equitable bars such as delay (laches)?

Accepted Answer

Specific performance

Answer

Specific performance is an equitable remedy compelling a party to perform their contractual obligations; it will be refused if the claimant has delayed or acted unconscionably.

Question 5

Under CPR Part 25, a 'search order' (formerly Anton Piller order) requires:

Accepted Answer

A defendant to permit the claimant's representatives to enter premises and search for and seize evidence

Answer

A search order is a draconian remedy that allows entry to premises to preserve evidence, granted only in cases of extreme urgency with a real risk the evidence will be destroyed.

BPTC Practice Test

BPTC Practice Test

BPTC Civil Litigation 2