Civil Procedure: Pre Action Conduct

Description

This covers Pre Action Conduct in English law. Aimed at BPTC revision.
lagondaf
Quiz by lagondaf, updated more than 1 year ago
lagondaf
Created by lagondaf about 10 years ago
98
1

Resource summary

Question 1

Question
How many specific pre-action protocols exist?
Answer
  • There are 14
  • There are 7
  • There are 12 plus the PD for pre action conduct
  • There are 12

Question 2

Question
Pre-Action Protocols apply to third party proceedings as much as normal proceedings.
Answer
  • True
  • False

Question 3

Question
Select the protocols that are made up:
Answer
  • 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

Question 4

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

Question 5

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

Question 6

Question
What does the personal-injury pre-action protocol apply to?
Answer
  • 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.

Question 7

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