Question 1

In the context of pre-action practice which of the following is not an example of non-compliance with Protocol?

Accepted Answer

A)  A potential claimant has not provided sufficient detail of his claim to a potential defendant. 
B)  A potential defendant fails to respond to the letter of claim within 21 days. 
C)  A potential defendant fails to respond to a reasonable request for pre-action disclosure. 
D)  Failing to provide detail of any funding arrangement and success fee to a potential opponent. 
A)  A potential claimant has not provided sufficient detail of his claim to a potential defendant. 
B)  A potential defendant fails to respond to the letter of claim within 21 days. 
C)  A potential defendant fails to respond to a reasonable request for pre-action disclosure. 
D)  Failing to provide detail of any funding arrangement and success fee to a potential opponent. D

Question 2

Which is most correct?
The costs of either party in undertaking reasonable pre-action protocol practice guidelines are …

Accepted Answer

A)  recoverable as 'incidental to' proceedings if proceedings are subsequently issued. 
B)  not generally recoverable within the costs of any subsequently issued proceedings. 
C)  generally only recoverable as part of the costs of an action subsequently issued if they were part of the detail of the claim set out in the letter of claim. 
D)  generally recoverable in any subsequently issued proceedings. 
A)  recoverable as 'incidental to' proceedings if proceedings are subsequently issued. 
B)  not generally recoverable within the costs of any subsequently issued proceedings. 
C)  generally only recoverable as part of the costs of an action subsequently issued if they were part of the detail of the claim set out in the letter of claim. 
D)  generally recoverable in any subsequently issued proceedings. C

Question 3

You have received instructions to act for a client, who is 15 years old, to recover loss and damage arising from an accident in an engineering factory. Your client has been very seriously injured and is unlikely to ever be able to work full time. Which of the following statements regarding the pre-action protocol for personal injury is correct?

Accepted Answer

A)  The pre-action protocol for personal injury does not apply because your client is a child and will need to act through his litigation friend. 
B)  The pre-action protocol for personal injury does not apply because his injuries are too great. 
C)  The pre-action protocol for personal injury does directly not apply because the action would be in the multi-track (however the PI Protocol can be used and be relevant to higher value claims. 
D)  The pre-action protocol for personal injury does not apply because the accident happened when your client was a visitor at his uncle's factory and is classed as an 'accident in the workplace'. 
A)  The pre-action protocol for personal injury does not apply because your client is a child and will need to act through his litigation friend. 
B)  The pre-action protocol for personal injury does not apply because his injuries are too great. 
C)  The pre-action protocol for personal injury does directly not apply because the action would be in the multi-track (however the PI Protocol can be used and be relevant to higher value claims. 
D)  The pre-action protocol for personal injury does not apply because the accident happened when your client was a visitor at his uncle's factory and is classed as an 'accident in the workplace'. C

Question 4

Which of these is incorrect?
In any subsequent proceedings the court will take any compliance or non-compliance with an approved protocol into account …

Accepted Answer

A)  at any stage in the subsequent proceedings. 
B)  when giving directions for the management of the case. 
C)  when making orders for costs. 
D)  on the issue of proceedings, if the court believes the proceedings might otherwise have been avoided. 
A)  at any stage in the subsequent proceedings. 
B)  when giving directions for the management of the case. 
C)  when making orders for costs. 
D)  on the issue of proceedings, if the court believes the proceedings might otherwise have been avoided.

Question 5

Which statement is false?
The potential defendant's response to a letter of claim should do the following …

Accepted Answer

A)  say whether liability is accepted in full or in part or denied. 
B)  decide on the expert evidence that should be used in the action. 
C)  suggest or respond to the potential claimant's request for ADR. 
D)  if liability is denied in part or in full give detailed reasons for the denial. 
A)  say whether liability is accepted in full or in part or denied. 
B)  decide on the expert evidence that should be used in the action. 
C)  suggest or respond to the potential claimant's request for ADR. 
D)  if liability is denied in part or in full give detailed reasons for the denial.

Question 6

In the context of pre-action practice and in subsequent proceedings, which of the following is not an example of a sanction the court might use against a party who has not complied with an approved protocol?

Accepted Answer

A)  An order against the claimant to stay proceedings so that the defendant can gather information. 
B)  Dismiss the action so that the parties can go back and apply the pre-action protocol procedures. 
C)  Order a party to pay money into court. 
D)  An order that the defaulting party pay costs immediately. 
A)  An order against the claimant to stay proceedings so that the defendant can gather information. 
B)  Dismiss the action so that the parties can go back and apply the pre-action protocol procedures. 
C)  Order a party to pay money into court. 
D)  An order that the defaulting party pay costs immediately.

Question 7

Which of the following statements is incorrect?
In general the aim of a 'letter of claim' is to …

Accepted Answer

A) provide sufficient detail of the claim so the defendant can assess liability. 
B)  provide sufficient detail of the claim to enable the defendant to gauge the likely value of the claim. 
C)  tell the potential defendant what work the potential claimant will be doing immediately following the letter of claim. 
D)  give the potential defendant details of time limits for action in the protocol phase. 
A) provide sufficient detail of the claim so the defendant can assess liability. 
B)  provide sufficient detail of the claim to enable the defendant to gauge the likely value of the claim. 
C)  tell the potential defendant what work the potential claimant will be doing immediately following the letter of claim. 
D)  give the potential defendant details of time limits for action in the protocol phase.

Question 8

Which is incorrect?
The court may use the following sanctions against a party for an act of non-compliance with an approved protocol …

Accepted Answer

A)  to pay all the costs of the action. 
B)  to deprive a party of some of, or all of, the damages or sum claimed. 
C)  to deprive a party of interest on damages or the sum claimed. 
D)  to pay costs on an indemnity basis. 
A)  to pay all the costs of the action. 
B)  to deprive a party of some of, or all of, the damages or sum claimed. 
C)  to deprive a party of interest on damages or the sum claimed. 
D)  to pay costs on an indemnity basis.

Question 9

Your opponent fails to comply with the time set in an approved protocol. From the statements below, choose the one that most correctly describes what this situation enables you to do.

Accepted Answer

A)  You would be able to extend all future time limits proportionately with the delay caused by your opponent. 
B)  You would be able to consider that as your opponent was in breach of the approved protocol all future protocol guidelines need not be followed, and, if your client wished, you may issue proceedings without any further recourse to the protocol guidelines. 
C)  You would be able to continue to abide by the protocol guidelines regardless of your opponent's breach. 
D)  You would be able to continue if possible with the guidelines of the protocol but indicate to your opponent that you will seek to raise their delay or non-compliance with the court at the first opportunity. 
E)  You would be able to continue if possible but indicate to your opponent that they should bear the consequences of their delay or non-compliance and submit a bill of your costs for their delay or non-compliance. 
A)  You would be able to extend all future time limits proportionately with the delay caused by your opponent. 
B)  You would be able to consider that as your opponent was in breach of the approved protocol all future protocol guidelines need not be followed, and, if your client wished, you may issue proceedings without any further recourse to the protocol guidelines. 
C)  You would be able to continue to abide by the protocol guidelines regardless of your opponent's breach. 
D)  You would be able to continue if possible with the guidelines of the protocol but indicate to your opponent that you will seek to raise their delay or non-compliance with the court at the first opportunity. 
E)  You would be able to continue if possible but indicate to your opponent that they should bear the consequences of their delay or non-compliance and submit a bill of your costs for their delay or non-compliance.

Question 10

If no protocol is in place for the type of action that would be commenced, which of the following would be the correct course of action?

Accepted Answer

A)  The protocol that is most closely linked to the type of action that would be commenced. 
B)  Each party should seek to agree a suggested timetable of protocol events and practice. 
C)  The party who would commence the action should set out a suggested timetable of protocol events and practice in their first correspondence to the other party. 
D)  Parties should follow a 'general' guidance set out in the PDPACP. 
A)  The protocol that is most closely linked to the type of action that would be commenced. 
B)  Each party should seek to agree a suggested timetable of protocol events and practice. 
C)  The party who would commence the action should set out a suggested timetable of protocol events and practice in their first correspondence to the other party. 
D)  Parties should follow a 'general' guidance set out in the PDPACP.

Question 11

Which of these is not correct?
The aims of the Pre-action protocols are …

Accepted Answer

A)  To encourage the exchange of early and full information about a prospective claim in order that the parties may understand the position or claim of their opponent. 
B)  To enable parties to avoid litigation by agreeing a settlement of a claim before the commencement of proceedings. 
C)  To provide details of each parties' costs so that they can be recovered in any subsequent proceedings. 
D)  To support the efficient management of proceedings where litigation cannot be avoided. 
A)  To encourage the exchange of early and full information about a prospective claim in order that the parties may understand the position or claim of their opponent. 
B)  To enable parties to avoid litigation by agreeing a settlement of a claim before the commencement of proceedings. 
C)  To provide details of each parties' costs so that they can be recovered in any subsequent proceedings. 
D)  To support the efficient management of proceedings where litigation cannot be avoided.

Question 12

Which is correct?
It would be excusable to issue proceedings without complying with any protocol guidelines if …

Accepted Answer

A)  your client instructs you to do so. 
B)  there is no approved protocol in place for the type of action. 
C)  the limitation period for the action is about to end. 
D)  your client does not wish to seek the costs of any pre-action work so does not need to comply. 
A)  your client instructs you to do so. 
B)  there is no approved protocol in place for the type of action. 
C)  the limitation period for the action is about to end. 
D)  your client does not wish to seek the costs of any pre-action work so does not need to comply.

Question 13

Which of these is correct?
If your opponent fails to abide by the guidelines of an approved protocol you should …

Accepted Answer

A) whenever this happens, apply to the court for an order that your opponent complies. 
B) on most occasions, apply to the court for an order that your opponent complies. 
C) apply to the court for an order that your opponent complies only if there is a CPR applying that enables a pre-action application. 
D) on rare occasions, apply to the court for an order that your opponent complies. 
A) whenever this happens, apply to the court for an order that your opponent complies. 
B) on most occasions, apply to the court for an order that your opponent complies. 
C) apply to the court for an order that your opponent complies only if there is a CPR applying that enables a pre-action application. 
D) on rare occasions, apply to the court for an order that your opponent complies.

Question 14

Which is correct?
The aim of imposing any sanction on a party who has not complied with an approved protocol is ...

Accepted Answer

A)  to punish the non-compliant party for his non-compliance. 
B)  to put the innocent party in no worse a position than he would have been had the other party complied and to ensure that the overriding objectives are met. 
C)  to balance the pre-action behaviour of each of the parties. 
D)  to equate the sanction with the waste of court time and the costs arising. 
A)  to punish the non-compliant party for his non-compliance. 
B)  to put the innocent party in no worse a position than he would have been had the other party complied and to ensure that the overriding objectives are met. 
C)  to balance the pre-action behaviour of each of the parties. 
D)  to equate the sanction with the waste of court time and the costs arising.

Question 15

Which of these is correct?
Where a particular protocol applies, to be protocol-compliant you should …

Accepted Answer

A)  follow, in substance, the guidelines of an approved protocol. 
B)  strictly follow the guidelines set down in a protocol that applies. 
C)  strictly follow the guidelines set down in a protocol or as it has been amended with the agreement of both parties. 
D)  follow the appropriate protocol only if your opponent does. 
A)  follow, in substance, the guidelines of an approved protocol. 
B)  strictly follow the guidelines set down in a protocol that applies. 
C)  strictly follow the guidelines set down in a protocol or as it has been amended with the agreement of both parties. 
D)  follow the appropriate protocol only if your opponent does.

In the context of pre-action practice which of the following is not an example of non-compliance with Protocol?

Which is most correct? The costs of either party in undertaking reasonable pre-action protocol practice guidelines are …

Which of these is incorrect? In any subsequent proceedings the court will take any compliance or non-compliance with an approved protocol into account …

Which statement is false? The potential defendant's response to a letter of claim should do the following …

In the context of pre-action practice and in subsequent proceedings, which of the following is not an example of a sanction the court might use against a party who has not complied with an approved protocol?

Which of the following statements is incorrect? In general the aim of a 'letter of claim' is to …

Which is incorrect? The court may use the following sanctions against a party for an act of non-compliance with an approved protocol …

Your opponent fails to comply with the time set in an approved protocol. From the statements below, choose the one that most correctly describes what this situation enables you to do.

If no protocol is in place for the type of action that would be commenced, which of the following would be the correct course of action?

Which of these is not correct? The aims of the Pre-action protocols are …

Which is correct? It would be excusable to issue proceedings without complying with any protocol guidelines if …

Which of these is correct? If your opponent fails to abide by the guidelines of an approved protocol you should …

Which is correct? The aim of imposing any sanction on a party who has not complied with an approved protocol is ...

Which of these is correct? Where a particular protocol applies, to be protocol-compliant you should …

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

Starting Your Court Action and Serving It on the Defendant

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

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Exam 5: Pre-Action Protocols

In the context of pre-action practice which of the following is not an example of non-compliance with Protocol?

Which is most correct? The costs of either party in undertaking reasonable pre-action protocol practice guidelines are …

Which of these is incorrect? In any subsequent proceedings the court will take any compliance or non-compliance with an approved protocol into account …

Which statement is false? The potential defendant's response to a letter of claim should do the following …

In the context of pre-action practice and in subsequent proceedings, which of the following is not an example of a sanction the court might use against a party who has not complied with an approved protocol?

Which of the following statements is incorrect? In general the aim of a 'letter of claim' is to …

Which is incorrect? The court may use the following sanctions against a party for an act of non-compliance with an approved protocol …

Your opponent fails to comply with the time set in an approved protocol. From the statements below, choose the one that most correctly describes what this situation enables you to do.

If no protocol is in place for the type of action that would be commenced, which of the following would be the correct course of action?

Which of these is not correct? The aims of the Pre-action protocols are …

Which is correct? It would be excusable to issue proceedings without complying with any protocol guidelines if …

Which of these is correct? If your opponent fails to abide by the guidelines of an approved protocol you should …

Which is correct? The aim of imposing any sanction on a party who has not complied with an approved protocol is ...

Which of these is correct? Where a particular protocol applies, to be protocol-compliant you should …

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

Starting Your Court Action and Serving It on the Defendant

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