Civil Dispute Resolution Quiz

The claimant’s solicitor is explaining to his client to which track the claim for breach of contract will be allocated by the court. The claim was issued on 31 October 2024. The value of the claim is £75,000 which includes interest. In the defence, the defendant has denied he owes anything as the services supplied were not fit for purpose . With reference to the financial value of the claim only, what advice should the solicitor give his client as to which track the court is likely to allocate the claim, and for what reason?

• The intermediate track, because the value of the claim for the purposes of allocation is £75,000, which is the usual track for claims of this value.

• The small claims track, because the defendant does not admit any part of the claim.

• The fast track, because this would be usual track for a straight forward claim valued at £75,000.

• The multi-track because the value of the claim for the purposes of allocation is £75,000, which is well over the multi-track threshold.

An order has been made for standard disclosure. A solicitor is explaining to his client what is meant by the process of disclosure and specifically what is meant by the disclosure statement. What is the correct explanation to give to the client as to what is meant by the disclosure statement?

• It sets out the extent of the searches made and certifies an understanding of the duty to disclose documents and that the duty has been carried out to the best of the party's knowledge.

• It is a list of documents, made in the relevant practice form, which is provided by each of the parties pursuant to an order for standard disclosure.

• It is a list of documents upon which a party relies and which adversely affects their own case, adversely affects another party's case or supports another party's case, or is required to be disclosed by a practice direction.

• It is a statement within a party's witness statement which confirms that full and frank disclosure has been given of all material facts and evidence upon which the party relies.

A solicitor is compiling his client's disclosure list. He has listed some letters in the relevant section of his client's disclosure list as he wishes to object to them being inspected on the grounds of privilege. Which one of the following letters incorrectly claims privilege?

• A letter from the claimant's solicitors to the defendant's solicitors making an offer of £34,000 in respect of damages and which is marked 'without prejudice save as to costs'.

• A Part 36 offer letter which is not marked 'without prejudice except as to costs'.

• A letter from the claimant's solicitors to the defendant's solicitors making an offer to apportion liability but which is not marked 'without prejudice'.

• A letter marked 'without prejudice' from the claimant's solicitors to the defendant's solicitors giving inspection of the claimant's documents, and which simply confirms that certain documents are being withheld on the grounds of privilege.

A solicitor is to speak to her client about the client undertaking the process of standard disclosure in a complex matter. She wants to be sure that she explains the process appropriately so that the client can undertake the necessary search for documents enabling the list of documents then to be prepared. Which of the following statements correctly identifies a solicitor's professional duty when advising a client generally with regard to standard disclosure?

• Communications between the client and the solicitor for the purpose of giving and receiving legal advice should be disclosed in the list of documents but need not be made available for inspection.

• The disclosure statement contained within the list of documents must be signed by the solicitor.

• Communications between the client and the solicitor for the purpose of giving and receiving legal advice should not be disclosed in the list of documents but must be made available to the court for inspection within any trial bundle.

• Communications between the client and the solicitor for the purpose of giving and receiving legal advice should not be disclosed in the list of documents.

You are considering the wording of your client's witness statement for use in the trial of the matter. Which ONE of the following statements in relation to witness statements is CORRECT?

• The Statement of Truth in a witness statement can be signed by the witness or their solicitor.

• A witness statement should include evidence irrelevant to the disputed issues.

• Witness statements are privileged after exchange with other parties in the dispute.

• A witness statement should exclude opinion evidence.

Assume for this question that you have followed the Practice Direction - Pre-Action Conduct and Protocols in a case but the matter remains in dispute. Which ONE of the following accurately states what you should do now before proceeding to issue court proceedings?

• Apply to the court for a stay of proceedings to allow you to explore the possibility of settlement.

• Issue proceedings and then apply to the court for a stay of the proceedings to explore the possibility of settlement.

• Review the case and the evidence to see if proceedings can be avoided and if not at least seek to narrow the issues in dispute before issuing court proceedings.

• Make a Part 36 offer to settle the claim.

A solicitor has been instructed by a client who suffered personal injury and loss as a result of an accident which occurred whilst visiting an exhibition at a conference centre. The value of the personal injury element of the claim is estimated at less than £2,000 but more than £1,500 and the overall claim is valued at £10,000. To which track is it likely that the claim will be provisionally allocated by the court?

• The small claims track.

• The fast track.

• The court would be unable to make a provisional allocation on these facts and would list the matter for a case management conference.

• The multi-track.

Two companies are engaged in a dispute over the adequacy of the performance of a contract. Proceedings have been issued and a stay of proceedings has been ordered to enable the parties to attempt ADR. The defendant proposes mediation, to which the claimant agrees. The claimant has instructed their solicitor on a conditional fee arrangement whereas the defendant has instructed their solicitor on a fixed fee retainer. Who meets the costs of mediation?

• The mediator's fee will normally be borne by the parties equally and they will be jointly and severally liable to the mediator for it.

• The mediator's fee is met by the court in order to achieve the overriding objective of encouraging the parties to settle.

• The mediator's fee will be met by the claimant, in the usual way.

• The mediator's fee is always met by the party who proposed mediation; in this instance, the defendant.

In a complex claim arising in nuisance, the parties are unable to agree on the principal issues. As a result, although disclosure has taken place and the parties have exchanged witness statements, the parties are unwilling to commit to mediation. However, the parties are willing to consider early neutral evaluation (ENE). The claimant's solicitor telephones his client to explain the meaning of ENE. What is the correct explanation for the solicitor to give about early neutral evaluation?

• A neutral party, usually with specialist experience, will consider the evidence and provide a non-binding view of the case which may help the parties to narrow the issues and settle.

• A non-specialist neutral party observes the discussion between the parties' legal representatives and provides a view as to which has the stronger case to help the parties to settle.

• A neutral party will consider the evidence and provide a non-binding view of the case which will be drawn up as an order to conclude the proceedings.

• A neutral observer will assist the judge at trial to ensure a balanced view is reached.

In pre-action correspondence relating to a modest neighbour dispute, and to which a pre-action protocol does not apply, a claimant proposes the use of ADR to resolve the dispute. The defendant's solicitor discusses the proposal with his client. After consideration, the client is reluctant to enter into ADR and wishes to reject the proposal. How should the defendant's solicitor respond to the claimant's solicitor with regard to the proposal to use ADR?

• The defendant's solicitor should respond within seven days of the proposal confirming that his client wishes to reject the proposal.

• The defendant's solicitors should respond providing a specific reason to show that the consideration of the proposal has been exhaustive.

• The defendant's solicitor should respond within 14 days of the proposal confirming that his client wishes to reject the proposal.

• The defendant's solicitors should respond providing sufficient reasons to show that the refusal is reasonable.