lagondaf
Quiz by , created more than 1 year ago

This covers Pre Action Conduct in English law. Aimed at BPTC revision.

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Created by lagondaf about 10 years ago
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Civil Procedure: Pre Action Conduct

Civil Procedure: Pre Action Conduct

Question 1 of 7

1

How many specific pre-action protocols exist?

Select one of the following:

  • There are 14

  • There are 7

  • There are 12 plus the PD for pre action conduct

  • There are 12

Explanation

Question 2 of 7

1

Pre-Action Protocols apply to third party proceedings as much as normal proceedings.

Select one of the following:

  • True
  • False

Explanation

Question 3 of 7

1

Select the protocols that are made up:

Select one or more of the following:

  • Disease and illness

  • Commercial disputes

  • Mortgage possessions

  • Commercial property dilapidation

  • Contractual small claims

  • Patent and registered design disputes

  • Defamation

  • Construction and engineering

  • Rent arrears

  • Commercial property disputes

Explanation

Question 4 of 7

1

Select the correct answer to the question: 'Correctly name 6 protocols'.

Select one or more of the following:

  • 1 Clinical negligence, mortgage repossessions, building disputes, professional negligence, clinical negligence, RTAs.

  • 2 Personal injury, , low value traffic accidents, disease and illness, commercial property dilapidation, judicial review, housing disrepair.

  • 3 Construction and engineering , disease and illness, defamation, clinical disputes, housing disrepair judicial review.

  • 4 Professional negligence, rent arrears, low value traffic accidents, commercial possessions, personal injury, judicial review.

  • 5 low value traffic accidents, rent arrears, disease and illness, housing disrepair, mortgage possessions, commercial property dilapidations, defamation.

Explanation

Question 5 of 7

1

What are suitable things to do in cases not covered by a pre-action protocol?

Select one or more of the following:

  • Write a letter of claim to the other side letting them know you are bringing a claim if they don't respond.

  • Let the other side know how you are funding your claim

  • Reply to a letter of claim within reasonable time saying whether liability is fully or partially accepted or not at all.

  • Write a letter of claim detailing amongst other things a list of essential documents, the basis of claim and what the claimant wants.

  • If you deny liability give reasons.

  • Inform the other side you are seeking legal advice

  • Give a 14 day deadline for compliance to the defendant.

  • Tell the other side immediately if you entered a CFA or ATA insurance.

Explanation

Question 6 of 7

1

What does the personal-injury pre-action protocol apply to?

Select one of the following:

  • All cases involving death or injury to a persons physical or mental well being.

  • All cases involving death or injury to a persons physical or mental well being below 25,000 pounds

  • All cases involving death or injury to a persons physical or mental well being that fit into the multi-track

  • Personal injury cases that are not road traffic accident cases between 1000 and 10,000 pounds

  • Personal injury cases below 25,000 that aren't RTA ones.

Explanation

Question 7 of 7

1

Select the steps required to formally commence with the personal injury protocol.

Select one or more of the following:

  • Send a letter before claim too the defendant

  • Send a letter of claim to the defendant's insurer and the defendant.

  • Summarize facts in your letter of claim

  • State the nature of injuries and full details of financial loss

  • Enclose your expert's report.

  • Indicate which documents you want to have disclosed.

  • Give the defendant a list of experts for selection if it is appropriate

  • Name your own insurer or mention that you have a CFA.

Explanation

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