Deck 4: Pre-Action Substantive Matters

Question 1

A client has sustained an injury in a road traffic accident. Which of the following is correct?

A) The cause of action will be against the other driver.
B) If the person who is alleged is responsible for your client's injury is insured, the cause of action will be against their insurer because they will pay any damages awarded to your client.
C) The cause of action will be against the person who your client alleges has been negligent and the negligence has caused the injuries your client has sustained.
D) Where your client claims that he was driving perfectly safely, the cause of action will be against the driver of the other vehicle and any passengers in that car as at least one of them has been negligent and at this stage you do not know who was.

Answer 1

C

Question 2

Which is correct?
If the defendant in a road traffic accident was uninsured at the time of the accident you should advise your claimant client:

A) Having checked the financial status of the defendant and discovered both that he is "a man of straw" with no assets or income and that he was uninsured at the time of the accident advise the client not to proceed as there would be little prospect of recovering either damages awarded or the costs of the action.
B) Go ahead with the action in the expectation that the defendant's previous insurers will have to pay both any damages and costs awarded.
C) Ask the defendant for the details of his insurers before commencing proceedings and give notice of any proceedings that are commenced to the Motor Insurers Bureau within 14 days of issuing proceedings with copy documents, then advise the client to proceed.
D) Ask the defendant for the details of his insurers before commencing proceedings and give notice of any proceedings that are commenced to the Motor Insurers Bureau within 7 days of issuing proceedings with copy documents, then advise the client to proceed.

Answer 2

C

Question 3

Which of the following statements is correct?

A) The expiry of the limitation period for an action provides the defendant with a complete defence to the action providing he sets out 'limitation' as a procedural defence in his defence.
B) The expiry of the limitation period for an action means the claimant cannot commence the action and the court will not issue it or will strike it out.
C) The expiry of the limitation period for an action will not prevent the claimant issuing proceedings but the court will consider limitation at allocation and on noting that the limitation period has expired strike out the action.
D) Provided the claimant responds to the defendants claim that the case is statute barred within 21 days the issue of limitation will be reserved to trial when the trial judge will make a decision on the issue.

Answer 3

A

Question 4

Which of the followings statements is incorrect?

A) In claims for personal injury alleging negligence or breach of duty (contractual or statutory) where the relief claimed includes damages for personal injury the limitation period is 3 years from the date of the injury.
B) In claims for personal injury alleging negligence or breach of duty (contractual or statutory) where the relief claimed includes damages for personal injury the limitation period is 3 years from the date when it would have been reasonable for the claimant to know about his injury and loss and that the loss was wholly or in part caused by the defendant.
C) In claims for personal injury alleging negligence or breach of duty (contractual or statutory) where the relief claimed includes damages for personal injury the limitation period is 3 years from the date when the claimant became aware of the identity of the defendant even when the defendant had taken steps to 'hide' his identity, but when the defendant's true identity could have been discovered earlier.
D) In claims for personal injury alleging negligence or breach of duty (contractual or statutory) where the relief claimed includes damages for personal injury the limitation period is until the claimant is 21 years old even though injured when he was 10 years old.

Question 5

The High Court and the County Court has concurrent jurisdiction over most claims. The business is allocated between them according to a range of rules, including some of those below. Which of the rules below is not correct?

A) A claim for damages or a specified sum claim may be issued in the High Court only where the claim is for more than £100,000.
B) Claims issued in the High Court but which claim less than £50,000 will generally be transferred to the County Court unless certain criteria apply.
C) Claims for personal injury may not be started in the High Court unless the sum claimed exceeds £50,000.
D) A claim for £500,000 must be started in the High Court though unless it is of public importance it will be transferred to the County Court for trial.