Civil Litigation SGS 1 Intro to Civ Lit & CPR

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billsykes
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203760
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Civil Litigation SGS 1 Intro to Civ Lit & CPR
Updated:
2013-02-27 10:36:36
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Civil Litigation
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Civil Litigation
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  1. Which ONE of the following
    statements is WRONG in relation to Pre Action Protocols:

    [A] Pre Action Protocols prescribe pre-action
    behaviour, including early exchange of information, to facilitate settlement of
    a dispute as soon as possible.

    [B] Pre Action Protocols have been issued in
    relation to personal injury and clinical negligence claims.

    [C] Non-compliance with a protocol by a claimant will result in their claim being automatically struck out.

    [D] Failure to comply with the protocols may
    result in sanctions by the courts
    [C] Non-compliance with a protocol by a claimant will result in their claim being automatically struck out.

    • [[C] is WRONG, and is therefore the CORRECT answer. Non-compliance with a protocol by a
    • claimant will not result in their claim being automatically struck out. The court has range of sanctions which it may impose at its own discretion – it is NOT automatic. See Practice Direction on Pre- Action Conduct ('PD Pre-Action') at C1- 004 in WB particularly paragraphs 4.5 and 4.6 of Volume 1 of WB]
  2. Which ONE of the following courses of action does NOT give effect to the overriding objective of the Civil Procedure Rules 1998 ('CPR'):

    [A]  A Judge orders that a single surveyor give evidence in a property case rather than each party calling their own expert.

    [B]  A conference between the Judge and the parties is ordered at an early stage in a case to consider the most appropriate way forward.

    [C]  Cross-examination is limited by a Judge in a trial.

    [D]  A party automatically discloses all the documents in their files relating to the
    dispute.
    • [D] A party automatically discloses all the documents in their files relating
    • to the dispute.

    • [[D] is WRONG, and is therefore the CORRECT answer. A party would not automatically disclose all the documents. See CPR Part 1. Before a claim is issued, the parties should generally comply with the Practice Direction - Pre Action Conduct (‘PD Pre- Action Conduct’) and the relevant
    • Pre-Action Protocol ('Protocols'). Neither the PD Pre – Action Conduct or the Protocols require automatic disclosure but generally encourage the exchange of the appropriate relevant information. See the PD Pre – Action Conduct and the Protocols (reference as 1[A]) above). Please note there are circumstances when parties can apply for disclosure before proceedings have started]
  3. Which ONE of the following
    statements is WRONG in relation to the role of the court under the CPR:

    [A] The court’s role is to adjudicate on
    whatever case parties choose to present.

    [B] The court is under a duty to control the
    progress of the case.

    [C] The role of the court involves considering
    whether or not a step in the proceedings justifies the cost of taking it.

    [D] The role of the court involves encouraging
    the parties, if possible, in settling the dispute.
    [A] The court’s role is to adjudicate on whatever case parties choose to present.

    [[A] is WRONG, and is therefore theCORRECT answer. See CPR Rule 1.4(2)]
  4. Which ONE of the following
    statements is WRONG in relation to the overriding objective of the CPR:

    [A] One of the aims is to save expense

    [B] The court will attempt to ensure that the parties are on an equal footing
    
in litigation.

    [C] Proportionality means looking only at the amount of money in issue.

    [D] Court resources are a relevant factor.
    [C] Proportionality means looking only at the amount of money in issue.

    [[C]is WRONG, and is therefore the CORRECT answer. See CPR Rule 1.1(2)(C)]
  5. Jack is injured whilst lifting a manhole cover at work. He sues his employers Gradgrind Ltd for negligence, claiming damages for pain, suffering and loss of earnings. Gradgrind deny negligence, allege contributory negligence in the way Jack lifted the manhole cover, and deny that he has suffered the pain and suffering and losses claimed.

    Which ONE of the following statements is CORRECT:

    [A]  Jack has the legal burden of proving beyond reasonable doubt that
    Gradgrind were negligent, that he was not contributory negligent and that he suffered the pain, suffering and losses claimed.


    [B]  Jack has the legal burden of proving on the balance of probabilities that
    Gradgrind were negligent, he was not contributory negligent and that he
    suffered the pain, suffering and losses claimed.

    [C]  Jack has the legal burden of proving on the balance of probabilities that Gradgrind were negligent and that he suffered the pain and suffering and losses claimed. Gradgrind has the legal burden of proving contributory negligence on the balance of probabilities.

    [D]  Jack has the legal burden of proving on the balance of probabilities that Gradgrind were negligent. Gradgrind has the legal burden of proving contributory negligence and that Jack did not suffer the pain and suffering and other losses, on the balance of probabilities.
    [C]  Jack has the legal burden of proving on the balance of probabilities that Gradgrind were negligent and that he suffered the pain and sufferingand losses claimed. Gradgrind has the legal burden of proving contributory negligence on the balance of probabilities.

    [[C] is CORRECT. The burden of proof is the obligation which rests on aparty in relation to an issue of fact and which must be discharged if that party is to win on that issue (i.e. he/she who asserts mustprove). The civil standard of proof at trial is on the balance ofprobabilities. Please read Adrian Keane’s Modern Law of EvidenceChapter 4 dealing with the burden and standard of proof]
  6. Which one of the following statements is WRONG in relation to the Practice Direction - Pre Action Conduct (the ‘Practice Direction on Pre Action Conduct’):

    [A] The aims of the Practice Direction are to
    enable parties to settle the issue between them without the need to start proceedings and to support the efficient management by the court and the parties of proceedings that cannot be avoided.

    [B] There are some types of application where
    the principles in the Practice Direction cannot or should not apply. These include, but are not limited to, applications where telling the other potential party in advance would defeat the purpose of the application.

    [C] The court will expect the parties to have
    complied with the Practice Direction or any relevant pre-action protocol. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.

    [D] The court will not expect the parties to have complied with the Practice Direction or any relevant pre-action protocol. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.
    [D] The court will not expect the parties to have complied with the Practice Direction or any relevant pre-action protocol. Where there has been a failure of compliance by a party the court may ask that party to  provide an explanation.

    [[D] is WRONG, and is therefore the CORRECT  answer. See Practice Direction on Pre Action Conduct at paragraph 4.2 at C1- 004 in WB]

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