Civil Litigation Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Civil Litigation flashcards as text
Under the Limitation Act 1980, what is the standard limitation period for a contract claim?
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.
What is the role of a 'litigation friend' in civil proceedings?
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.
What does a 'without prejudice' communication mean in the context of civil litigation?
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.
Which remedy is available only in equity and is subject to equitable bars such as delay (laches)?
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.
Under CPR Part 25, a 'search order' (formerly Anton Piller order) requires:
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.
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?
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.