Deck 16: Funding Civil Litigation

Question 1

Rule 1 of the Civil Procedure Rules sets out the 'overriding objective' of the CPR. Which of the following most accurately represents this objective?

A) Cases must be dealt with speedily.
B) Cases must be dealt with equitably.
C) Cases must be dealt with justly.
D) Cases must be dealt with in an expedited manner.

Answer 1

C

Question 2

The CPR brought in a new case-management approach. Who has control over the case?

A) Counsel for the claimant/applicant.
B) Counsel for the defendant/respondent.
C) The judge.
D) The Clerk to the Court.

Answer 2

C

Question 3

There are ____ ways of calculating costs in civil claims.(insert number)

Answer 3

2

Question 4

Which of the following most accurately describes the meaning of a wasted costs order.

A) The losing side must pay the costs wasted in defending the case.
B) It is where the winning side still must pay some costs because they wasted time during the trial.
C) Where costs are ordered against a lawyer personally for acting in an inappropriate or unprofessional way.
D) Where costs are ordered to be paid from central funds because the court itself wasted time.

Question 5

Which of the following types of cases are allocated to the small claims track in the County Court?

A) A personal injury case where the claimant estimates his claim exceeds £1000
B) A claim involving a disputed allegation of dishonesty.
C) A dispute as to who properly owns two acres of land.
D) An order preventing doctors from treating a child in a way that the parents disagree with.

Question 6

What is the usual penalty for starting proceedings in the wrong court?

A) The matter will be struck out as an abuse of process.
B) The matter will be simply transferred to the correct court.
C) The matter will be simply transferred to the correct court and the claimant will be responsible for the costs of doing so.
D) The matter will be transferred to the correct court and the loser will be responsible for the costs of doing so in the usual way.

Question 7

In civil litigation how many tracks are there?

A) 2
B) 3
C) 4
D) 5

Question 8

What is the usual upper limit for cases on the fast track?

A) £10,000
B) £15,000
C) £20,000
D) £25,000

Question 9

Costs in the fast track are normally fixed (i.e. a litigant will ordinarily know how much success or failure should cost).

Question 10

Which judge will ordinarily hear a case in the small-claims track?

A) Justice of the Peace
B) District Judge
C) Recorder
D) Circuit Judge

Question 11

An application for judicial review should be made speedily but, in any event, no later than how many months?

A) 1 month
B) 3 months
C) 5 months
D) 7 months

Question 12

To which court would an application for Judicial Review be addressed?

A) Court of Appeal
B) Administrative Court
C) County Court
D) Crown Office Court