10. Amendments to statements of case (Civ Lit)

1.

1 point

If the Claim is for Personal Injury, the Claimant must include which of the following in their statement of case?

Claimant’s date of birth

Schedule of past and future losses

A statement which addresses the issue of contributory negligence

The enactment or authority which the alleged duty of care is based on

A chronology of events

Medical report (if one is relied on)

2.

1 point

Statements of truth are required for every statement of case. Which of the following are NOT possible consequences of a failure to include a statement of case?

The Court may strike out the statement of case

The party may be in contempt of court.

The court must strike out the statement of case

The party may not rely upon the statement of case as evidence of the matters set out in it

The innocent party can apply to strike out the statement of case

3.

1 point

Complete this timetable for litigation

1. The Claimant issues a Claim form with the Court
2. The Claimant has Z months to serve the Claim form on the Defendant
3. The Claimant may include the Particulars of Claim in the Claim form but if she does not she must serve them within Y days
4. The Defendant has X days to serve an Acknowledgment of Service or a Defence
5. If the Defendant files an Acknowledgment of service, the Defendant has W days from receipt of the Particulars of Claim to file a Defence
6. The Defence may file a counterclaim in his defence
7. The Court will then send the Parties a notice of provisional allocation.
8. In the Small Claims Track, parties have V days to complete the directions questionnaire
9. In the Fast/Multi Track, parties have U days to complete the directions questionnaire

Z= 4, Y =28, X = 14, W = 28, V = 14, U = 28

Z= 3, Y =28, X = 14, W = 28, V = 14, U = 28

Z= 4, Y =28, X = 14, W = 74, V = 28, U = 28

Z= 4, Y =14, X = 14, W = 28, V = 28, U = 14

Z= 3, Y =14, X = 14, W = 28, V = 28, U = 14

Z= 6, Y =14, X = 7, W = 14, V = 14, U = 28

Z= 4, Y =14, X = 14, W = 28, V = 14, U = 28

4.

1 point

Which of these statements is/are incorrect?

(CPR 17.1)

If a party's statement of case has been served, a party may amend it with the permission of the Court

A party may amend his statement of case at any time before it has been served on any other party.

If a party's statement of case has been served, a party may only amend it with both the written consent of all other parties and the permission of the court.

If a party's statement of case has been served, a party may amend it with the written consent of all the other parties

5.

1 point

When making an application to amend a statement of case, the applicant should file which of the following with the Court? (PD 17.2)

A copy of the statement of case with the proposed amendments

The application notice

A statement with the reasons for the amendment and a statement of truth

6.

1 point

A copy of the order and the amended statement of case should be served on every party to the proceedings, unless the court orders otherwise. True or false?

(PD 17.15)

True

False

7.

1 point

If a party has amended his statement of case where permission of the court was not required, the court may NOT disallow the amendment.
(CPR 17.2)

True

False

8.

1 point

Complete CPR 17.4

If the relevant limitation period has expired "the court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of____________________ as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings".

the same facts or substantially the same facts

similar circumstances or substantially similar circumstances

the same facts

substantially the same facts

the exact same facts

9.

1 point

CPR 17.4

The court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was _______

reasonable in all the circumstances

genuine

addressed without delay

10.

1 point

According to CPR 19.5:
The court may add or substitute a party only if the relevant limitation period was current when the proceedings were started and the addition or substitution is necessary.

Which THREE situations below may qualify as "necessary" under CPR 19.5?

the new party is to be substituted for a party who was named in the claim form in mistake for the new party;

the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.

the claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant

the applicant has a real prospect of succeeding on the claim or issue against the proposed party

11.

1 point

Which ONE of the following statements about amendment is CORRECT?

Permission of the court is not needed to amend particulars of claim after the particulars of claim have been served if all parties consent to the amendment.

The permission of the court is needed to amend particulars of claim if the amendment is made before proceedings are issued

If the limitation period has expired a party cannot amend its particulars of claim to include a new cause of action unless the party can show that the amendment is necessary to correct a mistake.

If permission of the court was not needed to amend the particulars of claim the court has no power to subsequently disallow the amendmen

12.

1 point

Allan claims that Horace has stolen a horse that belongs to him. He has issued proceedings against Horace claiming delivery up of the horse. Allan’s ex-girlfriend, Mona, has found out about the proceedings. She says that the horse belongs to her not Allan. Advise Mona on how she can attempt to recover the horse.

Which one of these is most accurate?

Mona must wait until the conclusion of the claim and sue Allan

Mona can claim that she is jointly entitled to a remedy and thus add herself to the claim under CPR 19.3

Mona can apply to have herself added or substituted to the claim under CPR 19.2 by filing an application notice and statement of case (CPR PD 19A)

Mona should counterclaim under CPR 20.2 against Allan for the value of the horse

13.

1 point

Marius, who was born on 15 January 1993, was injured in an accident at a funfair on 6 June 2010. He issued proceedings against Pegasus Limited, the owners of the funfair on 11 January 2014 claiming that they were negligent. It is now November 2014 and Marius has been advised that he should amend his Particulars of Claim to include an alternative claim against Pegasus under the Occupier’s Liability Act 1957. Will Marius need permission to make the amendment? If so what test will the court apply and is he likely to succeed?

Yes, permission must be granted. The Court will decide whether s33 of the Limitation Act should be applied so as to enable the new claim to proceed.

Yes, permission must be granted. The Court will decide whether the OLA 1957 claim is based on "the same facts or substantially the same facts"

14.

1 point

17.1 A party may amend his statement of case if his statement of case has been served __________________

with the written consent of all the other parties; or with the permission of the court

with the written consent of all the other parties

with the permission of the court

15.

1 point

Complete 17.4 (2)

"The court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the ~~~~ ~~~~~ or ------------- the ~~~~ ~~~~~ as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings."

What is ~~~~ ~~~~~?

16.

1 point

Complete 17.4 (2)

"The court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the ~~~~ ~~~~~ or ------------- the ~~~~ ~~~~~ as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings."

What is -------------?

17.

1 point

Complete 17.4 (3)

"The court may allow an amendment to correct a _______ as to the name of a party, but only where the _______ was ~~~~~~~ and not one which would cause reasonable doubt as to the identity of the party in question".

What is ______?

18.

1 point

Complete 17.4 (3)

"The court may allow an amendment to correct a _______ as to the name of a party, but only where the _______ was ~~~~~~~ and not one which would cause reasonable doubt as to the identity of the party in question".

What is ~~~~~~~?

19.

1 point

Complete CPR 7.3

"A claimant may use a single claim form to start all claims which can be conveniently _______ of in the same proceedings".

20.

1 point

Complete CPR 3.1

"The Court may _________ __________ or try two or more claims on the same occasion"

21.

1 point

Complete 19.3

"Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons _______ ______ to the remedy ***** be parties unless the court orders otherwise."

What is ______ _______?

22.

1 point

Complete 19.3

"Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons _______ ______ to the remedy ***** be parties unless the court orders otherwise."

What is *****?

23.

1 point

CPR 19.3

"If any person who is jointly entitled to a remedy does not agree to be a claimant, he ____ be made a ~~~~~~~~~, unless the court orders otherwise."

What is ___?

24.

1 point

CPR 19.3

"If any person who is jointly entitled to a remedy does not agree to be a claimant, he ____ be made a ~~~~~~~~~, unless the court orders otherwise."

What is ~~~~~~~~~?

25.

1 point

Complete 19.4(1)

The court’s permission is required to remove, add or substitute a party, unless the claim form _____________.

Complete ________?

has not been issued.

has not been filed.

has not been served.

26.

1 point

Complete 19.5:

The court may add or substitute a party after a limitation period only if:

• the relevant limitation period was ------- when the proceedings were started;

• the addition or substitution is _________.

What is ---------?

27.

1 point

Complete 19.5:

The court may add or substitute a party after a limitation period only if:

• the relevant limitation period was ------- when the proceedings were started;

• the addition or substitution is _________.

What is ________?

28.

1 point

Complete CPR 19.6

"The addition or substitution of a party is only necessary if:

• the new party is to be ~~~~~~~~~~ for a party who was named in the claim form in _______ for the new party;

• the claim cannot properly be ******* ** by or against the original party unless the new party is added or ~~~~~~~~~ as claimant or defendant;

• the original party has ++++ or had a ---------- order made against him and his ######## or liability has passed to the new party".

What is ~~~~~~~~~~?

29.

1 point

Complete CPR 19.6

"The addition or substitution of a party is only necessary if:

• the new party is to be ~~~~~~~~~~ for a party who was named in the claim form in _______ for the new party;

• the claim cannot properly be ******* ** by or against the original party unless the new party is added or ~~~~~~~~~ as claimant or defendant;

• the original party has ++++ or had a ---------- order made against him and his ######## or liability has passed to the new party".

What is _______?

30.

1 point

Complete CPR 19.6

"The addition or substitution of a party is only necessary if:

• the new party is to be ~~~~~~~~~~ for a party who was named in the claim form in _______ for the new party;

• the claim cannot properly be ******* ** by or against the original party unless the new party is added or ~~~~~~~~~ as claimant or defendant;

• the original party has ++++ or had a ---------- order made against him and his ######## or liability has passed to the new party".

What is ******* **?

31.

1 point

Complete CPR 19.6

"The addition or substitution of a party is only necessary if:

• the new party is to be ~~~~~~~~~~ for a party who was named in the claim form in _______ for the new party;

• the claim cannot properly be ******* ** by or against the original party unless the new party is added or ~~~~~~~~~ as claimant or defendant;

• the original party has ++++ or had a ---------- order made against him and his ######## or liability has passed to the new party".

What is ++++?

32.

1 point

Complete CPR 19.6

"The addition or substitution of a party is only necessary if:

• the new party is to be ~~~~~~~~~~ for a party who was named in the claim form in _______ for the new party;

• the claim cannot properly be ******* ** by or against the original party unless the new party is added or ~~~~~~~~~ as claimant or defendant;

• the original party has ++++ or had a ---------- order made against him and his ######## or liability has passed to the new party".

What is -----------?

33.

1 point

Complete CPR 19.6

"The addition or substitution of a party is only necessary if:

• the new party is to be ~~~~~~~~~~ for a party who was named in the claim form in _______ for the new party;

• the claim cannot properly be ******* ** by or against the original party unless the new party is added or ~~~~~~~~~ as claimant or defendant;

• the original party has ++++ or had a ---------- order made against him and his ######## or liability has passed to the new party".

What is ########?

34.

1 point

Which of the following is correct?

[A] Section 34 of the Limitation Act allows counterclaims to be brought even if the cause of action on which the counterclaim is based would otherwise be time barred.

[B] Section 34 of the Limitation Act does not allow counterclaims to be brought if the cause of action on which the counterclaim is based is time barred.

http://uk.practicallaw.com/0-500-0957#a845070

A

B