CILEx L6 Civil Litigation Procedure

Question 1

What is the 'overriding objective' of the Civil Procedure Rules 1998 and how does it apply to parties?

Accepted Answer

To deal with cases justly and at proportionate cost; parties are required to help the court further this objective

Answer

To ensure all cases reach trial as quickly as possible

Answer

To protect the interests of claimants in personal injury cases

Answer

To ensure all parties have equal access to legal representation

Question 2

What are the three tracks to which civil cases are allocated under the CPR?

Accepted Answer

Small claims track (up to £10,000), fast track (£10,000–£25,000), and multi-track (over £25,000 or complex cases)

Answer

Small claims, standard claims, and high value claims

Answer

Summary track, standard track, and extended track

Answer

Simple track, complex track, and urgent track

Question 3

What is a 'pre-action protocol' under the CPR and why does it matter?

Accepted Answer

A code of conduct setting out the steps parties should take before commencing proceedings, with non-compliance attracting cost sanctions

Answer

An optional guideline that parties may choose to follow

Answer

A procedural step required only in personal injury claims

Answer

A document that must be filed with the court before issuing a claim

Question 4

What is 'summary judgment' under CPR Part 24?

Accepted Answer

Judgment without trial where the court concludes the claim or defence has no real prospect of success and there is no other compelling reason for trial

Answer

Judgment delivered orally at the first hearing

Answer

Judgment entered against a defendant who fails to acknowledge service

Answer

Judgment agreed between the parties without admission of liability

Question 5

What are 'without prejudice' communications and their effect in civil litigation?

Accepted Answer

Genuine settlement communications that cannot be admitted as evidence of liability in proceedings, protecting the negotiation process

Answer

Any communication marked 'without prejudice' is inadmissible for any purpose

Answer

Without prejudice communications are admissible to prove an agreement was reached

Answer

Without prejudice protection applies only to written communications

Question 6

What is 'specific disclosure' under CPR Part 31?

Accepted Answer

An order requiring a party to disclose specific documents or categories of documents that standard disclosure would not have required

Answer

The duty to disclose all documents relating to the case

Answer

Disclosure ordered only for cases on the multi-track

Answer

Disclosure of expert reports before trial