BPTC Civil Litigation

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

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.

Question 2

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

Accepted Answer

Fast track

Answer

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.

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

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

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

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.

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

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.

BPTC Practice Test

BPTC Practice Test

BPTC Civil Litigation