BPTC Civil Litigation 1

Question 1

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

Accepted Answer

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

Answer

The defendant pays only standard costs

Answer

The claimant must reduce the judgment sum

Answer

The claim is automatically struck out

Question 2

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

Accepted Answer

Fast track

Answer

Small claims track

Answer

Multi-track

Answer

Intermediate track

Question 3

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

Accepted Answer

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

Answer

To issue proceedings without court permission

Answer

To set out the trial timetable

Answer

To define which expert evidence is admissible

Question 4

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

Accepted Answer

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

Answer

The court may only adjourn hearings

Answer

The court may only make costs orders

Answer

The court may only give directions by consent

Question 5

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

Accepted Answer

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

Answer

That the claimant always wins if their case is stronger

Answer

That all cases are resolved within six months

Answer

That legal costs are recovered by the winning party in full

Question 6

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

Accepted Answer

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

Answer

A defendant from entering the jurisdiction

Answer

A third party from giving evidence

Answer

The claimant from amending their particulars of claim