Dispute Resolution

• Topic 01

  Introduction to Dispute Resolution

  45 questions
• Topic 02

  Pre-Action Considerations and Steps

  40 questions
• Topic 03

  Commencing a Claim

  63 questions
• Topic 04

  Responding to a Claim

  45 questions
• Topic 05

  Progressing a Claim

  45 questions
• Topic 06

  Case Management

  45 questions
• Topic 07

  Evidence and Disclosure

  54 questions
• Topic 08

  Preparation for Trial and the Trial

  45 questions
• Topic 09

  Costs

  72 questions
• Topic 10

  Appeals

  60 questions
• Topic 11

  Enforcement of Judgments

  45 questions

A few questions from this unit, with the answer and a full explanation. The complete bank is available when you start practising.

1. Can the court in civil proceedings exclude evidence that is relevant but whose prejudicial effect outweighs its probative value?

   • A
     Yes, but only if both parties agree to the exclusion
   • B
     Yes, but only in criminal proceedings, not in civil proceedings
   • C
     No, the court must admit all relevant evidence without exception
   • D
     Yes, the court has a wide discretion to exclude evidence that would otherwise be admissible if its prejudicial effect outweighs its probative value
     Correct answer
   Explanation

   The court in civil proceedings has a wide discretion to exclude evidence that would otherwise be admissible. This applies where the prejudicial effect of the evidence outweighs its probative value. This ensures fairness and prevents the proceedings from being distorted by evidence that is technically relevant but potentially misleading or unfairly damaging.

2. Which of the following is one of the enhanced penalties that the court must order under CPR r.36.17(4) when a defendant fails to beat a claimant's Part 36 offer at trial?

   • A
     A requirement that the defendant pay the claimant's costs on the standard basis only
   • B
     A fixed penalty of £50,000 payable to the court
   • C
     Automatic doubling of the damages award
   • D
     An additional amount calculated as a percentage of the sum awarded, capped at £75,000
     Correct answer
   Explanation

   Under CPR r.36.17(4)(d), one of the enhanced penalties when a defendant fails to beat a claimant's Part 36 offer is an additional amount calculated as a percentage of the sum awarded: 10% on the first £500,000 and 5% above that, up to a maximum of £75,000. The other enhanced penalties under r.36.17(4) are: interest on damages at up to 10% above base rate (r.36.17(4)(a)), costs on the indemnity basis (r.36.17(4)(b)), and interest on those costs at up to 10% above base rate (r.36.17(4)(c)).

3. Under CPR r.25.13, which of the following is a condition that must be satisfied before the court can make an order for security for costs?

   • A
     The court must be satisfied, having regard to all the circumstances of the case, that it is just to make the order, and one or more of the specified conditions in r.25.13(2) must be met
     Correct answer
   • B
     The claimant must have been found liable in previous proceedings
   • C
     The claimant must have failed to comply with a previous court order
   • D
     The defendant must have made a Part 36 offer which the claimant has not accepted
   Explanation

   Under CPR r.25.13(1), the court may make an order for security for costs if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order and one or more of the conditions in r.25.13(2) is met. This is a two-stage test: (1) a threshold condition from the list in r.25.13(2) must be established; and (2) the court must then exercise its discretion to determine whether it is just to order security. The conditions in r.25.13(2) include: the claimant being resident outside the jurisdiction, the claimant being a company unable to pay costs, the claimant changing address to evade litigation, and others. The court does not need to assess the merits conclusively.