Civil Litigation SGS 3 How to start proceedings

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billsykes
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203786
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Civil Litigation SGS 3 How to start proceedings
Updated:
2013-02-27 10:59:22
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Civil Litigation
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Civil Litigation
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  1. When filling out a claim form, which ONE of the following statements is
    WRONG:

    [A]  The claim form must be verified by a statement of truth.

    [B]  The claim form must specify the remedy that the claimant seeks. However the court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.

    [C]  When stating the value of a claim and calculating how much he/she expects to recover, the claimant must disregard any possibility that the court may make a finding of contributory negligence against him.

    [D]  When stating the value of a claim and calculating how much he/she expects to recover, the claimant must take into account that the defendant may be liable to pay an amount of money which the court awards to the claimant, to the Secretary of State for Social Security under section 6 of the Social Security (Recovery of Benefits) Act 1997.
    [D]  When stating the value of a claim and calculating how much he/she expects to recover, the claimant must take into account that the defendant may be liable to pay an amount of money which the court awards to the claimant, to the Secretary of State for Social Security under section 6 of the Social Security (Recovery of Benefits) Act 1997.

    [D is WRONG, and is therefore the CORRECT answer. See r 16.3(6)(d)]
  2. Your instructing solicitors have achieved a pre-action settlement of £4,000 from Gladbury Council on behalf of 5 year old Jenny in relation to an accident she suffered at the playground in Gladbury Place Park.
    Which ONE of the following statements is WRONG in relation to proceedings, commenced by Mrs Smith on Jenny’s behalf, for obtaining the Court’s approval for the settlement:

    [A] The claim form must be verified by a statement of truth.

    [B] The claim form must set out the question Mrs Smith wishes the court to decide or the remedy sought.

    [C]Particulars of claim should be served 14 days after service of claim form.

    [D] If Mrs Smith wishes to rely on written evidence she should file it with the
    claim form.
    [C]Particulars of claim should be served 14 days after service of claim form.

    [C is WRONG, and is therefore the CORRECT answer. This claimshould be a Part 8 claim. Part 16 (statements of case) does notapply to a Part 8 claim. See CPR r.8.9 (a) (i)]
  3. Which of the following claims below numbered (i) to (iv) may use the CPR Part 8 procedure:

    i)  A claim where the claimant seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact.

    ii)  A claim to obtain the approval of the court to a pre-action settlement of a personal injury dispute by a child.

    iii)  A claim for summary possession of land where there is a substantial dispute of fact.

    iv)  A claim which is subject to a practice direction that the Part 8 procedure should apply.

    Select ONE of the following:

    [A]  i), ii), iv).

    [B]  i), iii), iv)

    [C]  i), ii), iii)

    [D]  i), ii), iii), iv)
    [A]  i), ii), iv).

    [A is CORRECT. Options i), ii) and iv) above are all claimswhich may use the CPR Part 8 procedure.

    Option iii) above is not appropriate for the Part 8 procedurebecause ‘there is a substantial dispute of fact’. See CPR r. 8.1 (2)(a)]
  4. When a claimant is making a claim for money they must include a statement of value in the claim form. When calculating how much they expect to recover which of the following must they disregard:

    i)  That the defendant may make a counterclaim or that the defence
    may include a set-off.

    ii)  That the court may make a finding of contributory negligence against the claimant.

    iii)  That the claimant may recover interest.

    iv)  That the claimant may recover costs.

    Select ONE of the following:

    [A] i) and ii)

    [B] i), iii), iv)

    [C] i) only

    [D] All of the above.
    All of the above.

    [D is CORRECT]
  5. James and Freda jointly entered into a contract with Second Choice Holidays for a trip to the Dominican Republic. The holiday was disastrous in that there were cockroaches in the bathroom, the food was inedible and both of them contracted typhoid from the water. James wishes to bring proceedings in breach of contract against Second Choice Holidays Limited but he has not seen Freda for six months and prefers not to involve her.

    Which ONE of the following statements is WRONG:

    [A] The general rule indicates that if James starts proceedings then Fredamust be a party unless the court orders otherwise.

    [B] James is free to bring his own claim without involving Freda without anyorder of the court.

    [C] If Freda refuses to be a joint claimant with James she must be joined to
    his claim as a defendant unless the court orders otherwise.

    [D] James may, with Freda’s consent, use a single claim form to start a joint
    claim by himself and Freda.
    James is free to bring his own claim without involving Freda without any order of the court.

    [B is WRONG, and is therefore the CORRECT answer.
  6. Ajay is suing The Boat Co, alleging that their negligence caused the death of his wife, Betty. Betty was on board a riverboat owned by The Boat Co- “The Able Seaman”- when it hit another boat and sank. The Boat Co was prosecuted for gross negligent manslaughter and acquitted, but convicted of a number of breaches of River Traffic Regulations involving negligence. The convictions are relevant to the issue of negligence, and Ajay ask you if the convictions are admissible at the civil trial.

    Which ONE of the following statements is CORRECT?

    [A] The convictions are admissible and there is an irrebuttable presumption that The Boat Co. committed the offences. 

    [B] The convictions are admissible, and it is presumed that The Boat Cocommitted the offences unless rebutted by The Boat Co proving on the balance of probabilities that they did not commit the offences.

    [C] The convictions are admissible, and it is presumed that The Boat Co committed the offences unless rebutted by The Boat Co proving beyond reasonable doubt that they did not commit the offences. The convictions are not admissible.

    [D] The convictions are not admissible.
    [B] The convictions are admissible, and it is presumed that The Boat Co committed the offences unless rebutted by The Boat Co proving on the balance of probabilities that they did not commit the offences.

    [B is CORRECT. See s.11 CEA 1968. In these circumstances, the convictions are admissible in evidence for the purpose of proving that The Boat Co committed the offences. S.11 (2) CEA 1968 states the person ‘... shall be taken to have committed the offence unless the contrary is proved’]

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