BPTC Civil Litigation and Remedies 2

Question 1

Under CPR Part 25, which of the following is an example of an interim remedy?

Accepted Answer

Freezing injunction

Answer

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?

Accepted 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

Answer

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?

Accepted Answer

When the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial

Answer

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?

Accepted Answer

To enable the court to manage the progress of the case towards trial

Answer

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?

Accepted Answer

Costs follow the event — the unsuccessful party pays the successful party's costs

Answer

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.

BPTC Practice Test

BPTC Practice Test

BPTC Civil Litigation and Remedies 2