Disclosure Document Requirements Uk

uk

A defendant is defending a breach of contract claim brought by a claimant for failing to deliver packages on time. In its defence, filed one week ago, it denies that it was obliged to deliver the packages earlier than it did. However, if it is wrong on this point, then the delivery company attributes its failings to a van rental company that failed to make vans available when it agreed to. The defendant wants to add the van rental company to the proceedings so that it can be ordered to contribute to any sum which it is required to pay to the retailer. The claimant and van rental company are willing to consent to the van rental company being added. Will the defendant require the court's permission to bring this claim against the van rental company in the same set of proceedings? Select one alternative: Yes, because the defendant did not issue this additional claim before or at the same time as it filed its defence. No, because the van rental company consents to being added to the proceedings. Yes, because the court's permission is always required to bring a claim of this nature. • No, because the claimant consents to the van rental company being added to the proceedings. No, because this additional claim can be issued before the claimant responds to the defendant's defence.

A multi-track professional negligence claim has reached trial. At the start of the trial, the parties address the court on a preliminary issue relating to the admissibility of one of the witness statements, and the court determines the issue. The claimant then gives an opening speech. What would be the next usual event at the trial? Select one alternative: • The defendant's evidence in chief The claimant's cross examination The claimant's evidence in chief Identification of the key issues in dispute The defendant's opening speech

isnt it identification of the key issues in dispute?

A claimant in a personal injury claim applies for specific disclosure. The application is heard by a district judge. At the conclusion of the hearing, the district judge refuses the application. The claimant has already made clear a desire to appeal if the application was unsuccessful. From whom should the claimant ask for permission to appeal in the first instance? Select one alternative: A different District Judge (after the hearing) A High Court Judge The District Judge (at the hearing) A Circuit Judge The Court of Appeal

The court hearing a fast-track trial indicates at the beginning of the trial that it intends to allow the claimant from 10am until midday to present its case, and the defendant from 1pm until 3pm to present its case. At 2pm there is a security alert at the court that requires the building to be vacated, and the court is not reconvened until 3pm. At that point, the court indicates that it can only allow the defendant a few minutes to conclude its case, but that this should not cause any prejudice, because the court has read the statements from the defendant's witnesses in any event. At the end of the trial, the court finds in favour of the claimant. Does the defendant have good grounds for an appeal in relation to the decision in favour of the claimant? Select one alternative: Yes, because the decision was beyond the power of the court. No, because the grounds for an appeal are not made out. Yes, because the decision was wrong No, because the decision was a case management decision. Yes, because the decision was unjust

A claimant obtains a judgment against a defendant who owns a small business. The claimant knows that the defendant has some assets but is unsure of their exact nature and location. The defendant has not responded to any communication post-judgment, and the claimant suspects that the defendant might be hiding some assets. What is the most appropriate action for the claimant to take in this situation? Select one alternative: Search the Register of Judgments, Orders, and Fines for any existing judgments against the defendant. Apply to the court for an order to obtain information from the defendant about their assets. Apply for official copies from the Land Registry to check for property ownership. Conduct a company search to review the defendant's annual accounts and financial information. Hire an enquiry agent to investigate the defendant's financial status and asset location.

A design company has discovered that counterfeit products bearing their trademark are being sold on an online marketplace. The company has attempted to identify the seller through the platform's customer service, but the information provided is insufficient. The company wants to bring an intellectual property infringement case but needs more specific information to identify the seller. What can the design company do to obtain further information about the seller? Select one alternative: The design company can apply for a Norwich Pharmacal order against the online market place. They must show that a wrong has been committed by the online marketplace, that the information is necessary to bring the claim, and that the wrongdoer is criminally liable. The design company can apply for a Norwich Pharmacal order against the online market place. They must show that a wrong has been committed, that the information is necessary to bring the claim, and that the online marketplace is more than just a witness to the wrongdoing. The design company can apply for non-party disclosure against the online marketplace. They must show that the disclosure is necessary to dispose fairly of the claim and to save costs. The design company can apply for non-party disclosure against the online marketplace. They must show that the disclosure would fall within standard disclosure. The design company can apply for pre-action disclosure against the online market place. They must show that the online market place are likely to be a respondent to proceedings, that the information sought would fall within standard disclosure and that pre-action disclosure is desirable.

wrongdoer will not be criminally liable?

A claimant is involved in a breach of contract case against a defendant. The court issued a direction for both parties to serve their witness statements by 1st September. The claimant failed to serve their witness statement by the specified date due to an administrative error but subsequently served it on 10th September. What is the most likely consequence of the claimant's failure to serve the witness statement on time? Select one alternative: The claimant may not be called to give oral evidence at trial without obtaining the court's permission. The claimant can give oral evidence at trial provided that the defendant does not object. The claimant can give oral evidence at trial because the delay in service of the witness statement was minimal. The court will automatically exclude the witness statement from being used at the trial. The court will exclude the witness statement unless the claimant applies for an extension of time.

A claimant commences proceedings against a defendant for breach of contract. The claimant intends to rely on a letter written by a former employee of the defendant, who has since passed away, to prove that the defendant agreed to certain essential terms. The claimant has given the defendant notice of their intention to use this hearsay evidence. The defendant wants to attack the credibility of the hearsay based on inconsistent statements made in other earlier documents. What must the defendant do to attack the credibility of the hearsay evidence? Select one alternative: The defendant must apply to the court for permission to cross-examine the claimant about the hearsay evidence. The defendant must submit written questions to the claimant to test the credibility of the hearsay evidence before trial. The defendant must notify the claimant of their intention to attack the credibility no later than 14 days after the notice of intention to rely on hearsay was served. The defendant must file a witness statement detailing the inconsistent statements within 14 days of receiving the hearsay notice. The defendant must obtain permission from the court to submit additional evidence on the deceased former employee's credibility.

In a breach of contract claim, the court makes a directions order which includes a direction for each party to serve the witness statements of witnesses it intends to rely on. The defendant (which does not have legal representation) writes a letter to one of its witnesses. The letter is marked without prejudice. The contents of the letter deal solely with the date set out in the directions order for the submission of the witness statement and the arrangements for the witness to attend trial. Is the defendant's letter privileged? Select one alternative: Yes, without prejudice privilege applies Yes, legal advice privilege applies No, no privilege applies Yes, litigation privilege applies The letter is not disclosable so the question of privilege does not arise

The claimant in a tenancy dispute with its landlord is preparing its documents for disclosure. The claimant is considering a letter of advice sent to him from his solicitors. The claimant's solicitor has informed the claimant that although this document should be disclosed it will not be available for inspection as it is covered by legal advice privilege. The claimant is disappointed as the letter contains a paragraph which the claimant feels will be particularly supportive of his case and the claimant would like to share this paragraph with the defendant. Which of the following is the best advice to give to the claimant in relation to allowing inspection of this paragraph? Select one alternative: The claimant may waive privilege of this paragraph by redacting the rest of the letter. The claimant may waive privilege over this paragraph but in doing so will be waiving privilege over the entire letter. The claimant may waive privilege of this paragraph but in doing so will be waiving privilege over anything which attracts legal advice privilege. The claimant may waive privilege of this paragraph only and withhold inspection over the remainder of the document on the basis of privilege. The claimant may waive privilege of this paragraph only and withhold inspection over the remainder because the parties have greater control over inspection of a letter of advice

A claimant is pursuing a claim for personal injuries sustained at work. Proceedings have been issued, and a directions order was made three weeks ago. The directions order includes permission for the parties to rely on the written evidence of a single joint expert about health and safety at the work premises. The single joint expert was identified by the parties and named in the directions order. The defendant has not cooperated with the claimant in jointly instructing the single joint expert since the directions order was made. What should the claimant do to instruct the single joint expert? Select one alternative: Arrange a meeting with the single joint expert Apply to the court to instruct a different single joint expert Wait to hear from the defendant so that a joint letter of instruction can be sent Ask the court to instruct the single joint expert Send the claimant's instructions to the expert and send a copy to the defendant

The claimant in a personal injury claim wants to adduce evidence from a police officer who witnessed the accident. The claimant has obtained a witness statement from the police officer, but whilst the police officer has indicated that he personally would be happy to help the claimant, his police force has a policy of police officers not attending trial unless required to do so. What is the best course of action for the claimant to take in light of this information from the police officer? Select one alternative: Cease to rely on the evidence from the police officer. Issue and serve a witness summons on the police officer. Put the police officer's witness statement forward as hearsay evidence (following the correct procedure). Advise the police officer that it would be contempt of court to fail to attend the trial having provided a witness statement. Apply for an injunction to secure the police officer's attendance at trial.

The parties to a breach of contract claim on the multi-track with a value of £*,* are attending the Costs and Case Management Conference. The claim does not involve any complex issues. The Claimant has filed a Disclosure Report indicating that the cost of retrieving, processing and reviewing all the electronic files from its back-up systems will cost £*,* in legal and administrative fees. What view is the court likely to take in relation to the search for documents that must be carried out by the Claimant? Select one alternative: The court is likely to order that the Claimant's search should include its back up systems given the value and complexity of the claim. The court is unlikely to order that the Claimant's search should include electronic files from its back up systems given the value of the claim. The court is unlikely to order that the Claimant's search should include electronic files from its back up systems given there are unlikely to be any significant documents found there. The court is unlikely to order that the Claimant's search should include electronic files from its back up systems given the lack of complexity of the claim. The court is likely to order that the Claimant's search should include its back up systems given the track on which the claim is proceeding.

A company and one of their suppliers are in a dispute over a breach of contract. The parties reach a settlement agreement before the case goes to trial. The settlement includes some confidential terms regarding future business relations and a lump sum payment. What would be the most appropriate way to conclude the settlement? Select one alternative: A standard consent order, as it maintains confidentiality and is enforceable by the court. A standard consent order as this is the only way to notify the court of settlement once proceedings have been issued. A settlement agreement as this will maintain confidentiality and detailed terms need not be disclosed. The parties can write to the court to notify it of settlement without preparing a formal document. A Tomlin order, because it allows for the confidentiality of the detailed terms of the settlement while still being enforceable by further court order.

The claimant, an English company, has entered into a contract with a foreign defendant, a company based in Germany. The contract was negotiated and signed in Germany, and it stipulates that German law will govern the contract. However, the contract does not contain any jurisdiction clause. The foreign defendant has a branch office in London, England. The claimant wants to sue the foreign defendant in the courts of England and Wales for breach of contract. Can the courts of England and Wales establish jurisdiction over the foreign defendant? Select one alternative: No, because there is no jurisdiction clause in the contract granting jurisdiction to the courts of England and Wales. Yes, but only if the court grants permission to serve the proceedings on the defendant outside the jurisdiction. No, because the contract was negotiated and signed in Germany and is governed by German law. No, because the foreign defendant must be sued in Germany where it is domiciled. Yes, because the foreign defendant has a branch office in London, England, and proceedings can be served there.

The claimant makes a Part * offer to the defendant for £*,* on * January to settle the whole of the claim. The trial is due to take place in 3 months' time. On * January at * pm, the defendant serves notice on the claimant to accept the offer. What happens in relation to the costs? Select one alternative: The claimant is entitled to its costs of the proceedings up to * January and the defendant is entitled to its costs of the proceedings up to payment of the £*,* The claimant is entitled to its costs of the proceedings up to * January The claimant is entitled to its costs of the proceedings up to 21 days after * January The claimant is entitled to its costs of the proceedings up to payment of the £*,* The claimant is entitled to its costs of the proceedings up to * January

A company is being sued by a pedestrian who was born on * June *. One of the company's drivers drove into the pedestrian whilst making a delivery, causing immediate (and clear) spinal injuries. This accident happened in *. The pedestrian's solicitors have been in correspondence with the company from the day after the accident onwards, but proceedings have not yet been issued What is the best advice to give as to limitation in relation a claim by the pedestrian against the company? Select one alternative: The claim is time barred because the accident was more than three years ago (and no extension is possible). The claim is not time barred because the date of knowledge of the pedestrian was not more than 3 years ago. The claim is not time barred because time has not yet begun to run. The claim is time barred because the date of knowledge of the pedestrian was more than 3 years ago (and no extension is possible). The claim is time barred because the accident was more than three years ago, but the court might grant a discretionary exterion of time.

A claim form is deemed served on the defendant on Monday * November. The defendant is also sent an email on Monday * November informing them that the particulars of claim had been sent by first class post that day. Which is the last day on which your client can acknowledge service or file a defence? Select one alternative: • Monday * November • Monday * November • Thursday * November Wednesday * November • Wednesday * November

A trial is due to start on Wednesday * November and the trial bundles need to be filed with the court. There are no bank holidays in the two weeks preceding Wednesday * November. What is the latest date by which the trial bundles must be lodged with the court? Select one alternative: Monday * November Thursday * November • Wednesday * November Friday * November Wednesday * October

A property developer issues a claim against a building company for failing to complete works on time, leading to additional cost of securing the services elsewhere of £*,*. The defendant files a defence defending the entire claim. The defendant wishes to make an offer to settle of £*,* for damages and £*,* for costs (£*,* in total), to bring all aspects of the dispute to an immediate conclusion. What is the best advice to give the defendant as to how to put this offer forward? Select one alternative: The defendant should make an offer (not pursuant to Part *) of £*,* in full and final settlement of the claimant's claim, including any claim for costs. The defendant should make a Part * offer of £*,* in full and final settlement of the claimant's claim, including any claim for costs. The defendant should make an offer (not pursuant to Part *) of £*,* plus costs in full and final settlement of the claimant's claim. The defendant should make a Part * offer of €*,* plus £*,* in relation to costs in full and final settlement of the claimant's claim. The defendant should make a Part * offer of £*,* in full and final settlement of the claimant's claim.