Question 1

Which is correct?
A claim form issued on the 30th October 2016, (the defendant being within the jurisdiction), must be served by …

Accepted Answer

A)  30th February 2016. 
B)  1st March 2016, there being no 30th February that year which is the date it would normally run to. 
C)  29th February 2016. 
D)  2nd March 2016 as the time runs from the day after issue and as there is no 30th February 2016 two days are added. 
A)  30th February 2016. 
B)  1st March 2016, there being no 30th February that year which is the date it would normally run to. 
C)  29th February 2016. 
D)  2nd March 2016 as the time runs from the day after issue and as there is no 30th February 2016 two days are added. C

Question 2

Which criteria is not an exception?
Claims may be started electronically at the MoneyClaimOnline Website except when …

Accepted Answer

A)  the claim exceeds £100,000. 
B)  the claimant is a child or patient or funded by the Legal Services Comission. 
C)  the claim is in sterling for less than £100,000 against one defendant. 
D)  the defendant resides outside England and Wales. 
A)  the claim exceeds £100,000. 
B)  the claimant is a child or patient or funded by the Legal Services Comission. 
C)  the claim is in sterling for less than £100,000 against one defendant. 
D)  the defendant resides outside England and Wales. C

Question 3

Which is correct?
Patients, within the meaning of the Mental Health Act 1983, and Children, being a person under 18 years of age, must have a litigation friend to conduct proceedings on their behalf. The title to the action with such a party should say …

Accepted Answer

A)  A (name or litigation friend) on behalf of X (name of child or patient). 
B)  X (name of child or patient) by A (name of litigation friend), his litigation friend. 
C)  X (name of litigation friend), the litigation friend, on behalf of A (name of child or patient). 
D)  A (name of child or patient) suing by X (name of litigation friend) his litigation friend. 
A)  A (name or litigation friend) on behalf of X (name of child or patient). 
B)  X (name of child or patient) by A (name of litigation friend), his litigation friend. 
C)  X (name of litigation friend), the litigation friend, on behalf of A (name of child or patient). 
D)  A (name of child or patient) suing by X (name of litigation friend) his litigation friend. B

Question 4

Which statement is not correct?
Once a claim form has been issued it must, or may, be served …

Accepted Answer

A)  within 4 months if the defendant is within the jurisdiction. 
B)  ... within 6 months if the defendant is outside the jurisdiction. 
C)  on any day of the week. 
D)  where the defendant deliberately evades service the time that can be attributed to his evasion from service may be added to the time by which the claim form must be served. 
A)  within 4 months if the defendant is within the jurisdiction. 
B)  ... within 6 months if the defendant is outside the jurisdiction. 
C)  on any day of the week. 
D)  where the defendant deliberately evades service the time that can be attributed to his evasion from service may be added to the time by which the claim form must be served.

Question 5

Which is not correct?
In what circumstances might it be appropriate for a party rather than the court to effect service of the claim form?

Accepted Answer

A)  When the party wishes to effect personal service. 
B)  When the party wishes to retain the document for longer before serving it. 
C)  He must file either a defence or an admission within 14 days. 
D)  He may file only the acknowledgement of service within 14 days of service upon him of the claim form and particulars of claim and then he may have a further 28 days in which to file either his defence or admission. 
A)  When the party wishes to effect personal service. 
B)  When the party wishes to retain the document for longer before serving it. 
C)  He must file either a defence or an admission within 14 days. 
D)  He may file only the acknowledgement of service within 14 days of service upon him of the claim form and particulars of claim and then he may have a further 28 days in which to file either his defence or admission.

Question 6

Which is correct?
In order to seek a recovery of any damages awarded to your client in a road traffic accident where the defendant was insured you must …

Accepted Answer

A)  send a duplicate copy of the letter of claim to the insurers. 
B)  give notice of impending proceedings to the insurer before issuing proceedings. 
C)  give notice of impending proceedings either before or within fourteen days of actually issuing proceedings. 
D)  do nothing, the defendant will contact his insurers about your claim. 
A)  send a duplicate copy of the letter of claim to the insurers. 
B)  give notice of impending proceedings to the insurer before issuing proceedings. 
C)  give notice of impending proceedings either before or within fourteen days of actually issuing proceedings. 
D)  do nothing, the defendant will contact his insurers about your claim.

Question 7

Which is correct?
The European Communities (Rights against Insurers) Regulations 2002 (SI 2002/3061) enables …

Accepted Answer

A)  action against the defendant but provides that notice of the proceedings need no longer be given to the insurer. 
B)  direct action against the insurer of the defendant in certain circumstances. 
C)  a claimant to enforce any judgment obtained against the defendants insurers. 
D)  claimants to force insurers to provide details of the cover provided to the defendant under the policy in force. 
A)  action against the defendant but provides that notice of the proceedings need no longer be given to the insurer. 
B)  direct action against the insurer of the defendant in certain circumstances. 
C)  a claimant to enforce any judgment obtained against the defendants insurers. 
D)  claimants to force insurers to provide details of the cover provided to the defendant under the policy in force.

Question 8

In which court should a claim be issued?

Accepted Answer

A)  If in the High Court, in London. 
B)  If in the County Court or the High Court; in the court most convenient to the claimant's solicitor. 
C)  If in the High Court, in London or the district registry where the action is likely to be tried. 
D)  In the County Court nearest the defendant. 
A)  If in the High Court, in London. 
B)  If in the County Court or the High Court; in the court most convenient to the claimant's solicitor. 
C)  If in the High Court, in London or the district registry where the action is likely to be tried. 
D)  In the County Court nearest the defendant.

Question 9

Which statement is not correct?
Where particulars of claim are not served with the claim form …

Accepted Answer

A)  the claim form must state that particulars of claim will follow. 
B)  particulars of claim must be served no later than the latest time for serving the claim form. 
C)  the particulars of claim must be served within 28 days of serving the claim form. 
D)  particulars of claim must be served within 14 days of service of the claim form provided that date is not later than the latest time for serving the claim form. 
A)  the claim form must state that particulars of claim will follow. 
B)  particulars of claim must be served no later than the latest time for serving the claim form. 
C)  the particulars of claim must be served within 28 days of serving the claim form. 
D)  particulars of claim must be served within 14 days of service of the claim form provided that date is not later than the latest time for serving the claim form.

Question 10

If the defendant in an action is a child or patient, which of the following statements is untrue?

Accepted Answer

A)  No steps may be taken other than issue and service until a litigation friend has been appointed for the defendant. 
B)  If the defendant becomes a patient after issue no further steps may be taken until the court gives permission and a litigation friend has been appointed. 
C)  The case cannot be issued until a litigation friend has been identified for the defendant. 
D)  The court may order that a child has sufficient maturity and understanding to conduct the action himself without a litigation friend. 
A)  No steps may be taken other than issue and service until a litigation friend has been appointed for the defendant. 
B)  If the defendant becomes a patient after issue no further steps may be taken until the court gives permission and a litigation friend has been appointed. 
C)  The case cannot be issued until a litigation friend has been identified for the defendant. 
D)  The court may order that a child has sufficient maturity and understanding to conduct the action himself without a litigation friend.

Question 11

Which is not correct?
Proceedings will be started when the court issues the claim form. What documents will be required before the court is in a position to issue a claim?

Accepted Answer

A)  A completed claim form for the court will be required. 
B)  A completed claim form for each defendant will be required. 
C)  The fee will be required. 
D)  If appropriate, a Notice of Funding will be required. 
E)  A completed Claim Form, (and the fee) to issue and copies for every defendant. 
A)  A completed claim form for the court will be required. 
B)  A completed claim form for each defendant will be required. 
C)  The fee will be required. 
D)  If appropriate, a Notice of Funding will be required. 
E)  A completed Claim Form, (and the fee) to issue and copies for every defendant.

Question 12

Which is correct?
Service of the particulars of claim …

Accepted Answer

A)  will be effected by the court by 1st class post. 
B)  may be served by the court by 1st class post only if it accompanies the claim form. 
C)  may not be served by the court. 
D)  will be served by the court unless the claimant requests the court not do so. 
A)  will be effected by the court by 1st class post. 
B)  may be served by the court by 1st class post only if it accompanies the claim form. 
C)  may not be served by the court. 
D)  will be served by the court unless the claimant requests the court not do so.

Question 13

Which statement is not correct?
The purpose of the section on the front page of Form N1 headed 'brief details of claim' is …

Accepted Answer

A)  to set out the claimant's case in full and if more room is needed to refer to a separately drafted document. 
B)  to satisfy CPR 16.2(1)(a) - that the claim form must contain a concise statement of the nature of the claim. 
C)  administrative - the section helps the court office file the claim appropriately. 
D)  to set out brief details of the claim such as cause of action, relevant dates, and type of loss being claimed. 
A)  to set out the claimant's case in full and if more room is needed to refer to a separately drafted document. 
B)  to satisfy CPR 16.2(1)(a) - that the claim form must contain a concise statement of the nature of the claim. 
C)  administrative - the section helps the court office file the claim appropriately. 
D)  to set out brief details of the claim such as cause of action, relevant dates, and type of loss being claimed.

Question 14

Which of the following statements is correct?

Accepted Answer

A)  When issuing a P8 claim, the judge will allocate it automatically once the papers are received by the court. 
B)  A Part 8 claim requires the Defendant to file his defence within 21 days of service of the Claim Form. 
C)  Part 8 claims can only be fast or multi track. 
D)  There is no requirement for a defence, allocation, or tracking in Part 8 claims. 
A)  When issuing a P8 claim, the judge will allocate it automatically once the papers are received by the court. 
B)  A Part 8 claim requires the Defendant to file his defence within 21 days of service of the Claim Form. 
C)  Part 8 claims can only be fast or multi track. 
D)  There is no requirement for a defence, allocation, or tracking in Part 8 claims.

Which is correct? A claim form issued on the 30^th October 2016, (the defendant being within the jurisdiction), must be served by …

Which criteria is not an exception? Claims may be started electronically at the MoneyClaimOnline Website except when …

Which is correct? Patients, within the meaning of the Mental Health Act 1983, and Children, being a person under 18 years of age, must have a litigation friend to conduct proceedings on their behalf. The title to the action with such a party should say …

Which statement is not correct? Once a claim form has been issued it must, or may, be served …

Which is not correct? In what circumstances might it be appropriate for a party rather than the court to effect service of the claim form?

Which is correct? In order to seek a recovery of any damages awarded to your client in a road traffic accident where the defendant was insured you must …

Which is correct? The European Communities (Rights against Insurers) Regulations 2002 (SI 2002/3061) enables …

In which court should a claim be issued?

Which statement is not correct? Where particulars of claim are not served with the claim form …

If the defendant in an action is a child or patient, which of the following statements is untrue?

Which is not correct? Proceedings will be started when the court issues the claim form. What documents will be required before the court is in a position to issue a claim?

Which is correct? Service of the particulars of claim …

Which statement is not correct? The purpose of the section on the front page of Form N1 headed 'brief details of claim' is …

Which of the following statements is correct?

Introduction & A modern litigation approach & Costs information to the client and funding options

The Nature, Extent, and Recovery of Legal Costs

Alternative Dispute Resolution

Pre-Action Substantive Matters

Pre-Action Protocols

Defending a claim & Drafting statements of case

Case management & Interim applications - general considerations & Interim applications - common types

Part 36 Offers and Offers to Settle Outside Part 36

Disclosure and Inspection

Witness Statements and Documentary Evidence

Experts and Expert Evidence

Trial, Settlement, and Appeals

Legal Enforcement Options and Procedures for Debt Recovery

Filters

Exam 6: Starting Your Court Action and Serving It on the Defendant

Which is correct? A claim form issued on the 30th October 2016, (the defendant being within the jurisdiction), must be served by …

Which criteria is not an exception? Claims may be started electronically at the MoneyClaimOnline Website except when …

Which is correct? Patients, within the meaning of the Mental Health Act 1983, and Children, being a person under 18 years of age, must have a litigation friend to conduct proceedings on their behalf. The title to the action with such a party should say …

Which statement is not correct? Once a claim form has been issued it must, or may, be served …

Which is not correct? In what circumstances might it be appropriate for a party rather than the court to effect service of the claim form?

Which is correct? In order to seek a recovery of any damages awarded to your client in a road traffic accident where the defendant was insured you must …

Which is correct? The European Communities (Rights against Insurers) Regulations 2002 (SI 2002/3061) enables …

In which court should a claim be issued?

Which statement is not correct? Where particulars of claim are not served with the claim form …

If the defendant in an action is a child or patient, which of the following statements is untrue?

Which is not correct? Proceedings will be started when the court issues the claim form. What documents will be required before the court is in a position to issue a claim?

Which is correct? Service of the particulars of claim …

Which statement is not correct? The purpose of the section on the front page of Form N1 headed 'brief details of claim' is …

Which of the following statements is correct?

Introduction & A modern litigation approach & Costs information to the client and funding options

The Nature, Extent, and Recovery of Legal Costs

Alternative Dispute Resolution

Pre-Action Substantive Matters

Pre-Action Protocols

Defending a claim & Drafting statements of case

Case management & Interim applications - general considerations & Interim applications - common types

Part 36 Offers and Offers to Settle Outside Part 36

Disclosure and Inspection

Witness Statements and Documentary Evidence

Experts and Expert Evidence

Trial, Settlement, and Appeals

Legal Enforcement Options and Procedures for Debt Recovery

Filters

Which is correct? A claim form issued on the 30^th October 2016, (the defendant being within the jurisdiction), must be served by …