BPTC Civil Litigation 2 — Questions and Answers
Question 1: Under the Limitation Act 1980, what is the standard limitation period for a contract claim?
- 3 years
- 6 years (Correct answer)
- 12 years
- 1 year
Correct answer: 6 years
Section 5 of the Limitation Act 1980 provides a six-year limitation period for simple contract claims, running from the date the cause of action accrued.
Question 2: What is the role of a 'litigation friend' in civil proceedings?
- A paralegal who assists the solicitor
- A person who conducts litigation on behalf of a child or protected party who lacks capacity (Correct answer)
- A costs draftsman appointed by the court
- A neutral third party who assists with mediation
Correct answer: A person who conducts litigation on behalf of a child or protected party who lacks capacity
A litigation friend is required where a party is a child or lacks mental capacity; they conduct proceedings in the best interests of the protected party.
Question 3: What does a 'without prejudice' communication mean in the context of civil litigation?
- The document can be used as evidence in any subsequent hearing
- The communication is made in a genuine attempt to settle and cannot generally be put before the court as evidence (Correct answer)
- The communication is legally privileged in all circumstances
- The document must be disclosed to the other side immediately
Correct answer: The communication is made in a genuine attempt to settle and cannot generally be put before the court as evidence
Without prejudice privilege protects genuine settlement negotiations from being used as admissions in court, encouraging candid settlement discussions.
Question 4: Which remedy is available only in equity and is subject to equitable bars such as delay (laches)?
- Damages at common law
- Specific performance (Correct answer)
- Debt recovery
- Restitution
Correct answer: Specific performance
Specific performance is an equitable remedy compelling a party to perform their contractual obligations; it will be refused if the claimant has delayed or acted unconscionably.
Question 5: Under CPR Part 25, a 'search order' (formerly Anton Piller order) requires:
- A defendant to reveal the location of their bank accounts
- A defendant to permit the claimant's representatives to enter premises and search for and seize evidence (Correct answer)
- A defendant to attend court for questioning
- A defendant to disclose their email correspondence
Correct answer: A defendant to permit the claimant's representatives to enter premises and search for and seize evidence
A search order is a draconian remedy that allows entry to premises to preserve evidence, granted only in cases of extreme urgency with a real risk the evidence will be destroyed.
Question 6: In a cost-benefit analysis for civil litigation, which principle requires that the costs incurred must be proportionate to the value and importance of the claim?
- The overriding objective
- The proportionality principle (Correct answer)
- The equality of arms principle
- The indemnity principle
Correct answer: The proportionality principle
The proportionality principle in the CPR means that costs incurred (and recoverable) must bear a reasonable relationship to the sum in issue, the value of any non-monetary relief, the complexity of the litigation, and the conduct of the parties.
BPTC Civil Litigation 2
Under the Limitation Act 1980, what is the standard limitation period for a contract claim?