CILEx L6 Civil Litigation Practice 2

Question 1

What is the court's approach to costs budgeting under CPR Part 3 Section II, and what is the effect of an approved or agreed budget?

Accepted Answer

The court manages litigation costs by approving budgets, and at assessment the court will not depart from the approved or agreed budget unless there is good reason to do so, as established in CPR r.3.18

Answer

Costs budgets are merely informative and have no binding effect

Answer

Costs budgets only apply to small claims track cases

Answer

An approved budget guarantees that the successful party will recover the full amount budgeted

Question 2

In relation to expert evidence, what restrictions does CPR Part 35 impose and when will the court permit each party to instruct their own expert?

Accepted Answer

Expert evidence is restricted to that which is reasonably required to resolve proceedings; the court may direct a single joint expert and will only permit separate experts where it is necessary to do so, considering the overriding objective

Answer

Each party has an automatic right to instruct their own expert on any issue

Answer

Expert evidence is only permitted in personal injury cases

Answer

The court cannot restrict the number of experts a party instructs

Question 3

What are the grounds for appealing a decision of a first instance judge, and what test does the appeal court apply?

Accepted Answer

Permission to appeal is required and will be granted only where the court considers the appeal has a real prospect of success or there is some other compelling reason for it to be heard; the appeal court will only allow an appeal where the decision was wrong or unjust due to serious procedural irregularity

Answer

An appeal may be brought on any ground of dissatisfaction with the lower court's decision

Answer

Appeals are only permitted on points of law, not findings of fact

Answer

Any party may appeal as of right within 28 days

Question 4

What is the effect of a 'without prejudice' communication in civil litigation, and what are the exceptions to the without prejudice rule?

Accepted Answer

Without prejudice communications made in a genuine attempt to settle a dispute are inadmissible as evidence of admissions, but exceptions include proving a concluded settlement (Tomlin order), rectification, estoppel, undue influence or fraud, and determining costs under Part 36

Answer

Without prejudice communications are admissible in all circumstances

Answer

The without prejudice rule only applies to written communications

Answer

Without prejudice communications can never be disclosed, even with the consent of both parties

Question 5

Under the Limitation Act 1980, what is the limitation period for a claim in negligence where the damage is latent and not discoverable at the time it occurred?

Accepted Answer

Under s.14A, the claimant has either six years from the date of accrual or three years from the date of knowledge of the material facts, whichever expires later, subject to a longstop of fifteen years from the negligent act under s.14B

Answer

Six years from the date of the negligent act with no extension possible

Answer

Three years from the date of the negligent act

Answer

There is no limitation period for latent damage claims

Question 6

What principles govern the court's decision on whether to grant a stay of proceedings to enforce an arbitration agreement under s.9 of the Arbitration Act 1996?

Accepted Answer

The court must grant a mandatory stay of proceedings unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed

Answer

The court has full discretion to refuse a stay if it considers court proceedings more appropriate

Answer

A stay is only granted if both parties agree to arbitration after proceedings have been issued

Answer

The court will only stay proceedings if the arbitration clause covers all issues in dispute