CILEx L6 Civil Litigation Practice

Question 1

Under the Civil Procedure Rules, what is the overriding objective and how does it affect the court's case management powers?

Accepted Answer

To deal with cases justly and at proportionate cost, including ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, ensuring expedition and fairness, and allotting an appropriate share of court resources

Answer

To ensure that the wealthiest party prevails

Answer

To ensure all cases proceed to a full trial

Answer

To maximise the recovery of costs by successful parties

Question 2

What are the Pre-Action Protocol requirements in civil litigation and what is the consequence of failing to comply?

Accepted Answer

Pre-Action Protocols require parties to exchange information, consider ADR, and attempt to resolve disputes before issuing proceedings; non-compliance may result in adverse costs orders or case management sanctions

Answer

Pre-Action Protocols are optional guidelines with no consequences for non-compliance

Answer

Pre-Action Protocols only apply to personal injury claims

Answer

Failure to comply with a Pre-Action Protocol results in automatic dismissal of the claim

Question 3

In multi-track litigation, what factors does the court consider when deciding whether to grant summary judgment under CPR Part 24?

Accepted Answer

Whether the claimant or defendant 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

Answer

Whether the claim is complex enough to warrant a trial

Answer

Whether the parties have exchanged all relevant documents

Answer

Whether mediation has been attempted

Question 4

What is the standard disclosure obligation under CPR Part 31, and how has it been modified for cases in the Business and Property Courts?

Accepted Answer

Standard disclosure requires disclosure of documents on which a party relies, documents that adversely affect their case or support another party's case; in the Business and Property Courts, the Disclosure Pilot (now Practice Direction 57AD) introduced issue-based disclosure with multiple models

Answer

All documents in a party's possession must be disclosed regardless of relevance

Answer

Disclosure is entirely voluntary in all civil proceedings

Answer

Only documents that support a party's own case need be disclosed

Question 5

Under CPR Part 36, what are the costs consequences if a claimant fails to obtain a judgment more advantageous than a defendant's Part 36 offer?

Accepted Answer

The claimant is generally ordered to pay the defendant's costs from the date on which the relevant period expired, on the standard basis if not agreed, and is entitled to their own costs up to that date

Answer

The claimant pays all costs of the entire proceedings

Answer

There are no costs consequences for failing to beat a Part 36 offer

Answer

The claimant must pay the defendant's costs on an indemnity basis from the start of proceedings

Question 6

What is the test for obtaining a freezing injunction (formerly Mareva injunction) and what must the applicant demonstrate?

Accepted Answer

The applicant must demonstrate a good arguable case on the merits, a real risk that the respondent will dissipate assets to frustrate enforcement of a judgment, and that it is just and convenient to grant the order; the applicant must also give a cross-undertaking in damages

Answer

The applicant must only show they have issued proceedings

Answer

The applicant must prove their case on the balance of probabilities before the injunction will be granted

Answer

A freezing injunction is available automatically once judgment has been obtained