Legal Costs Amendment Responsibility

Your client has received a request for further information by letter in respect of a defence it filed to a claim against it for misrepresentation. The defence as currently drafted fails to fully detail the oral representations made by your client before the contract was entered into. Your client agrees to provide the information requested. Which of the following most accurately describes the form your client’s response to the request for further information should take? The client’s response should be in the form of a letter in reply which will be signed and dated as normal. The client’s response should be in writing, signed, dated and be verified by a statement of truth. The client’s response should be in writing, signed and dated but need not be verified by a statement of truth. The client’s response should take the form of an amended defence. The client should provide the information in whichever form is most proportionate including verbally, for example, in a telephone call.

During her employment as a delivery driver, your client, Sue, was involved in a road traffic accident with another car. Your client has sued the driver of the other car, Amir, for personal injuries. Amir, in turn, has issued a counterclaim against your client claiming damages for personal injuries that Amir also sustained in the road traffic accident. Amir wishes to use the same arguments in the counterclaim against your client’s employer. The employer is vicariously liable for your client’s actions. Can Amir add your client’s employer as a party to the proceedings? Yes, as the defendant’s additional claim for contribution or indemnity from another party (CPR *.*) Yes, as a counterclaim against a person other than the claimant (CPR *.*) Yes, as a counterclaim against the claimant (CPR *.*) No, as there is no Part * claim that provides for this situation. Yes, as an ‘other’ additional claim (CPR *.*)

The claimant claims £*,*. The defendant pleads £*,* ‘set off’ in its defence and counterclaim against the claimant. If the claimant is successful at trial and the defendant is also successful at trial in its counterclaim, what is the effect of the judgment? Defendant pays the claimant £*,* Defendant pays the claimant £*,* Defendant pays the claimant £*,* Claimant pays the defendant £*,* Defendant pays the claimant nothing

An applicant makes an application for security for costs with a return date of Friday * October. What is the latest date that the applicant might be permitted to serve a copy of the application notice and supporting documentation on the respondent (without further order from the court)? Friday, * October Tuesday, * October Monday, * October. Thursday, * October As soon as possible before the hearing

in terms of uk law

An applicant makes an application for security for costs with a return date of Friday * October. What is the latest date that the applicant might be permitted to serve a copy of the application notice and supporting documentation on the respondent (without further order from the court)? Friday, * October Tuesday, * October Monday, * October. Thursday, * October As soon as possible before the hearing

For a summary judgment application, what is the latest date by which the applicant must serve the application documentation on the respondent if the hearing is to take place on Friday * October? Thursday * October Monday * October Thursday * October Friday * October Friday * October

A defendant makes an application for security for costs against the claimant two weeks before the trial of the claim. The claimant opposes the application. The claimant company is based overseas in the USA with no assets or operations elsewhere. It has been financially solvent for many years holding both liquid and illiquid assets (as publicly available accounts across the years have shown), and has a strong claim against the defendant. What is the most accurate description of the likely outcome of the defendant’s security for costs application? The defendant is likely to be unsuccessful in its application because there is no reason to believe that the claimant will be unable to pay the defendant’s costs if ordered to do so. The defendant is likely to be successful in its application because it is not using the application to stifle the claimant’s claim. The defendant is likely to be successful in its application because the claimant has the ability to comply with any order made for security for costs. The defendant is likely to be successful in its application because the claimant is resident out of the jurisdiction (but is not resident in a state bound by the Hague Convention *). The defendant is likely to be unsuccessful in its application because of its delay in making the application.

A claimant has commenced proceedings seeking in the region of £*,* in relation to personal injuries. A defence has been filed defending the claim in full. It is clear that the claimant will be awarded at least £*,* in relation to the injuries at trial, but the prospects of recovering more than this are unclear. The claimant needs to make adaptations to their house to cope with their injuries, but does not have the money to do so. Does an application for an interim payment by the claimant have good prospects of success? No, because the prospects of recovering the majority of the claim are uncertain. No, because the claimant has not obtained judgment against the defendant. Yes, because if the claim went to trial the claimant would obtain judgment for a substantial amount of money. No, because the defendant has not admitted liability. Yes, because the claimant does not have any money to make the necessary adaptations.

A wealthy supermarket chain wants to obtain an interim injunction against a car dealer possessing the neighbouring land to prevent the car dealer from parking cars on what the supermarket considers to be its own land. The claim has a *% chance of success. If the car dealer goes ahead with this parking, the supermarket will suffer losses of approximately £* for each day of infringement, being the cost of the supermarket renting the required space from a different neighbouring property instead. The car dealer has substantial assets and available cash. Which of the following best explains why an application for an interim injunction is likely to fail? The parking complained of has not taken place yet. The defendant has sufficient assets to pay the costs of opposing the application. Damages will be an adequate remedy for the supermarket if the claim succeeds. The claim does not have sufficient prospects of success. The supermarket will be unable to show the court that it will be able to honour the undertakings that are likely to be required of it.

A claimant pharmaceutical company claims damages in the approximate sum of £*,* against its defendant former employee. The claim is based on the alleged infringement of intellectual property rights in relation to a drug developed by the defendant whilst under contract and in the employment of the claimant. For the claimant, there is an important point of principle at stake and, as such, despite the relatively low value of the claim, the claimant requires the oral evidence of two separate expert witnesses and estimates that the trial will last two days. Which of the following statements most accurately describes the reasons behind and likely allocation of this claim? The claim is most likely to be allocated to the multi-track due to the estimated length of the trial and amount of expert evidence required. The claim is most likely to be allocated to the fast track due to the value of the claim. The claim is most likely to be allocated to the multi-track due to the importance of the claim to the claimant. The claim is most likely to be allocated to the intermediate track due to the complexity of the claim. The claim is most likely to be allocated to the intermediate track due to the estimated length of the trial and amount of expert evidence required.