BPTC Civil Litigation and Remedies 2 — Questions and Answers
Question 1: Under CPR Part 25, which of the following is an example of an interim remedy?
- Final judgment
- Freezing injunction (Correct answer)
- Striking out a statement of case
- Summary judgment
Correct answer: Freezing injunction
A freezing injunction (formerly Mareva injunction) is an interim remedy under CPR Part 25 that prevents a party from disposing of or dealing with assets. It is designed to preserve assets pending trial so that any judgment can be enforced effectively.
Question 2: What is the standard disclosure obligation under CPR Part 31?
- Disclose only documents that support your case
- Disclose all documents in your control that you intend to rely on, that adversely affect your case, or that support another party's case (Correct answer)
- Disclose only privileged documents
- Disclose only documents requested by the other party
Correct answer: Disclose all documents in your control that you intend to rely on, that adversely affect your case, or that support another party's case
Standard disclosure under CPR Part 31.6 requires a party to disclose documents on which they rely, documents that adversely affect their own or another party's case, or support another party's case. This duty extends to documents within a party's control, not just their possession.
Question 3: In which circumstance can the court grant summary judgment under CPR Part 24?
- When both parties agree to it
- When the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial (Correct answer)
- Only when the claim is under £10,000
- Only in personal injury cases
Correct answer: When the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial
Under CPR Part 24, the court may give summary judgment against a claimant or defendant if it considers that the party has no real prospect of succeeding on the claim or defence, and there is no other compelling reason why the case should proceed to trial. It is a merits-based test, not value-based.
Question 4: What is the primary purpose of case management conferences under the CPR?
- To allow parties to negotiate settlements
- To enable the court to manage the progress of the case towards trial (Correct answer)
- To hear preliminary witness evidence
- To determine costs at an early stage
Correct answer: To enable the court to manage the progress of the case towards trial
Case management conferences (CMCs) are a key part of active case management under the CPR. The court uses CMCs to give directions, set timetables, identify issues, and ensure the case progresses efficiently towards trial in accordance with the overriding objective.
Question 5: What is the general rule on costs under CPR Part 44?
- Each party always pays their own costs
- Costs follow the event — the unsuccessful party pays the successful party's costs (Correct answer)
- Costs are always split equally
- The court has no discretion over costs
Correct answer: Costs follow the event — the unsuccessful party pays the successful party's costs
The general rule under CPR Part 44.2 is that the unsuccessful party will be ordered to pay the costs of the successful party ('costs follow the event'). However, the court has wide discretion and may make a different order depending on the circumstances, including the conduct of the parties.
Question 6: Under the CPR, what does the 'overriding objective' require the court to do?
- Ensure the wealthier party always wins
- Deal with cases justly and at proportionate cost (Correct answer)
- Fast-track every case to trial within 6 months
- Prioritise criminal cases over civil ones
Correct answer: Deal with cases justly and at proportionate cost
CPR Part 1.1 sets out the overriding objective: to deal with cases justly and at proportionate cost. This includes ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, ensuring cases are dealt with expeditiously and fairly, and allotting an appropriate share of court resources.
BPTC Civil Litigation and Remedies 2
Under CPR Part 25, which of the following is an example of an interim remedy?