BPTC Civil Litigation 1 — Questions and Answers
Question 1: Under CPR Part 36, what is the consequence for a defendant who fails to beat a claimant's Part 36 offer at trial?
- The defendant pays costs on the indemnity basis from the date of offer plus interest at an enhanced rate (Correct answer)
- The defendant pays only standard costs
- The claimant must reduce the judgment sum
- The claim is automatically struck out
Correct answer: The defendant pays costs on the indemnity basis from the date of offer plus interest at an enhanced rate
If the claimant's Part 36 offer is not beaten by the defendant, the court must award enhanced interest, indemnity costs, and an additional amount under CPR r.36.17.
Question 2: Which track is appropriate for a claim worth between £10,001 and £25,000?
- Small claims track
- Fast track (Correct answer)
- Multi-track
- Intermediate track
Correct answer: Fast track
The fast track covers most cases between £10,001 and £25,000 (or up to £100,000 for personal injury cases for the intermediate track, introduced in 2023), with a fixed timetable.
Question 3: What is the primary purpose of a 'pre-action protocol'?
- To issue proceedings without court permission
- To encourage parties to exchange information and attempt settlement before issuing a claim (Correct answer)
- To set out the trial timetable
- To define which expert evidence is admissible
Correct answer: To encourage parties to exchange information and attempt settlement before issuing a claim
Pre-action protocols promote early exchange of information, proper investigation of claims, and settlement negotiations before the cost and delay of litigation.
Question 4: Under CPR Part 3, what power does the court have to manage cases?
- The court may only adjourn hearings
- The court has broad case management powers including striking out statements of case, making unless orders, and setting timetables (Correct answer)
- The court may only make costs orders
- The court may only give directions by consent
Correct answer: The court has broad case management powers including striking out statements of case, making unless orders, and setting timetables
CPR Part 3 gives the court wide case management powers to ensure cases are dealt with justly and at proportionate cost, including the sanction of strike-out for non-compliance.
Question 5: What does the 'overriding objective' of the CPR require?
- That the claimant always wins if their case is stronger
- That cases are dealt with justly and at proportionate cost, including ensuring parties are on an equal footing (Correct answer)
- That all cases are resolved within six months
- That legal costs are recovered by the winning party in full
Correct answer: That cases are dealt with justly and at proportionate cost, including ensuring parties are on an equal footing
CPR r.1.1 sets out the overriding objective: dealing with cases justly and at proportionate cost, ensuring equality, saving expense, and allotting an appropriate share of court resources.
Question 6: A 'freezing injunction' (formerly Mareva injunction) prevents:
- A defendant from entering the jurisdiction
- A defendant from dissipating assets to frustrate enforcement of a future judgment (Correct answer)
- A third party from giving evidence
- The claimant from amending their particulars of claim
Correct answer: A defendant from dissipating assets to frustrate enforcement of a future judgment
A freezing injunction is an interim remedy that prevents the defendant from moving or disposing of assets so that any judgment can be enforced against them.
BPTC Civil Litigation 1
Under CPR Part 36, what is the consequence for a defendant who fails to beat a claimant's Part 36 offer at trial?