CILEx Civil Practice (Level 7) Practice Test

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• Which of the following is a ground for striking out a statement of case?
• Which statement correctly reflects the general limitation periods stated in the materials?
• In what scenario can D enforce costs without court permission?
• Can an unaccepted Part 36 offer be improved before the end of the relevant period?
• How may a hearing for an interim payment be conducted?
• What does public interest immunity (PII) permit?
• If a Part 36 offer is not accepted and the relevant period expires, what may happen to the offer?
• Under Part 36, may a party rely on expert evidence without court permission?
• What is the effect if a partial admission is accepted by the claimant?
• Which statement describes a ground for withholding inspection on the basis of privilege?
• In the trial timetable for fast, intermediate, and multi-track, what comes after the closing speeches?
• If a party refuses ADR, what might occur at the end of the case?
• When estimating damages for pain and suffering, which factors should you consider?
• What is the usual trial length in the fast track?
• What is a possible outcome at the end of proceedings for someone who did not engage in ADR?
• Under Part 70, may a judgment creditor use any enforcement method unless the statute says otherwise?
• Which of the following is a typical element included in the trial bundle for multi-track cases?
• Does the cap apply in all cases under QOCS?
• The first stage where both parties discuss issues without prejudice is known as?
• In the stage 3 process of the RTA low value protocol, what is the deadline for paying damages and fixed costs once an agreement is reached?
• If a Part 36 offer is improved, how is the new offer treated regarding the relevant period?
• If defendant pays the claimant within 14 days of service, what cost regime applies?
• Which costs assessment is typically applicable to multi track cases?
• Small claims track, when should parties file and serve copies of the documents they intend to rely on?
• In terms of cost consequences, what can happen for non-engagement in ADR?
• What may be imposed if ADR is not pursued?
• How are costs handled in interim applications?
• In relation to ADR, not participating may result in which cost-related consequence?
• Sanction for non-compliance - defendant when the claimant has been awarded a sum
• If a claim is found to be fundamentally dishonest, what is the consequence under QOCS?
• Which statement best describes After the Event insurance (ATE) in civil litigation?
• In fast-track proceedings, what document might you prepare if the defence includes new matters?
• What is the purpose of disclosure and inspection?
• After the expiry of the relevant period, from which day may a court order the defendant to pay a rate higher than 10% on damages if the claimant wins at trial and the judgment equals or beats the offer?
• Which statement about pre-action objectives relating to costs is correct?
• RTA small claims value cap
• In a CFA, what happens if the client loses the case?
• In the Fast Track, what is the typical trial length?
• Who decides who is permitted to be a witness of fact?
• What grounds must be shown in order to be successful in an application for summary judgment?
• What does initial disclosure primarily consist of?
• Indemnity basis for costs applies when there are conduct issues and no Part 36 offer.
• If an expert report is not disclosed, what may prevent reliance on it?
• After initial disclosure directions, the duty of disclosure is:
• Which item is an example of a procedural defence?
• Which form is used to indicate intention to defend or contest jurisdiction?
• In the stage 2 period of the RTA low value protocol, after sending the stage 2 settlement pack with an offer to settle, how long does the insurer have to accept or counter the offer?
• A copy of an interim payment application must be served at least how many days before the hearing?
• There are different requirements for which types of parties?
• Employer/Public liability protocol cap up to what amount?
• If the claimant wins at trial and the judgment is at least as advantageous as their Part 36 offer, what is the general financial consequence for the defendant?
• A disclosure statement certifies what?
• Which statement best describes legal professional privilege?
• Regarding debt respite, which statement is accurate about the two forms of breathing space?
• What distinguishes a contractual term from a mere puff or representation?
• Which term describes a party's assertion that a document exists or has existed?
• How is a document defined for disclosure purposes?
• If a claimant accepts a Part 36 offer after expiry of the relevant period, what costs may they face?
• Which item may be included in the particulars of claim under practice directions?
• Which statement correctly reflects the consequence of failing to engage in ADR?
• Under pre-trial arrangements, a pre-trial review (PTR) can be disposed of if the court feels it is not needed. Which statement best describes this rule?
• What is the primary purpose of a case management conference?
• Which option best describes Early Neutral Evaluation (ENE)?
• Who should sign a disclosure statement?
• If a witness is unable to attend trial and this occurs within 14 days, what should be done?
• In arbitration, the arbitrator's decision is typically:
• Standard costs are defined as costs that are what?
• What can be proven using witness evidence?
• In fast track, what is presumed regarding expert evidence?
• After the expiry period, if the recipient of the Part 36 offer wishes to accept the offer, what must happen for acceptance to be valid?
• If served with a witness summons, what must a witness do?
• Under the overriding objective, which approach actively manages a claim?
• Under Part 32, the court controls evidence by directing on which aspect?
• If the defendant makes a Part 36 offer and the claimant ignores it, and the claimant obtains a judgment, what is the usual order on costs?
• If the claimant loses at trial after having made a Part 36 offer, what is the outcome for the claimant?
• In the initial stage of the employer liability/public liability protocol, how long does the insurer have to respond to liability?
• Which form is used for the directions questionnaire on the Fast Track, Intermediate Track and Multi-Track?
• Which statement best describes what must accompany an application as evidence?
• Under Part 36, for damages up to £500k, what additional percentage might the defendant be ordered to pay on damages if the offer is beaten?
• What is one purpose of the statement of case in civil appeals?
• Part 36 offers are not applicable on which track?
• Which of the following describes valid defences?
• What is a potential effect of a court exercising powers administratively?
• What is the effect if a defendant does not respond to a particular of the claim?
• What should accompany the application in terms of witness evidence?
• For service by electronic method, when is service deemed if sent before 4:30pm?
• If the amount is under £600, enforcement must be in the County Court.
• If a party fails to file their DQ, the court may do what?
• Which of the following claims under £10,000 would fall outside the small claims track?
• Under usual costs rules, who bears the costs?
• Which statement best describes Early Neutral Evaluation (ENE) in ADR?
• Which statement about the ability to offset costs is correct?
• QOCS CAP no recoverable costs or damages: what is the cap when the claimant loses and recovers no damages, interests or costs?
• What is the immediate action the court may take if a defaulting party fails to comply with a seven‑day compliance notice?
• For service by fax, when is service deemed if completed by 4:30pm?
• Who is responsible for filing the trial bundle in pre-trial preparation?
• Under CPR Part 31 for multi-track disclosure, which is NOT a possible court order?
• Which track covers £25,000.01 to £100,000?
• When defending a claim, what can the defendant do regarding jurisdiction and time?
• For a personal injury claim, which item is specifically required to be included in the N1 form?
• If a defendant's defence is merely a bare denial of liability, what may the claimant seek?
• Which statement correctly describes the cap on the CFA's success fee?
• Which track is used for cases over £100,000 or that are complex?
• RTA track allocation: what is the complexity when value is less than £5,000 or £1,000 for exceptions (e.g., pedestrians, cyclists, motorcyclists)?
• In fast track CPR Part 28 directions, when must pre-trial checklists be sent by the court?
• Who must provide consideration to support a contract?
• If the defendant did not engage during the proceedings, what statement best reflects the prospects for setting aside a default judgment?
• The Court of Appeal Civil Division is described as equivalent to which court?
• What must the particulars of claim contain at a minimum?
• Which ADR process involves a neutral third party who does not judge the merits and helps identify common ground?
• An ICO must be served within 21 days, and the debtor has 14 days to request a review by a judge.
• Which scenario is an exception to the general rule that acceptance must be communicated?
• Within what time limit must a claim form served within the jurisdiction be served on the defendant?
• Which of the following is included in the trial bundle?
• Is interest included when determining track allocation?
• In personal injury claims, what type of supporting documents may be included with an interim payment application?
• In multi-track disclosure, what must the parties provide in a disclosure plan?
• Which statement correctly describes a requirement of a Conditional Fee Agreement (CFA)?
• What timing is required for the respondent's witness statements and the applicant's reply in an interim payment hearing?
• Which statement is true about defences to damages?
• The court may decide there has been a failure of compliance when which conditions apply?
• Sanction for non-compliance - claimant who has been awarded a sum
• Charging orders are applicable when the judgment debtor owns land.
• For multi-track cases, what is the court's approach to experts?
• How is the success fee in a CFA calculated?
• Before relying on expert evidence, what must the court give, and what may it limit?
• Under the Limitation Act 1980, what is the general limitation period for a personal injury claim, and what special rule applies for claimants who were under 18 at the time of the injury?
• Under Stage 1 of the RTA low value protocol, the insurer must respond to liability within how many business days?
• What rate applies to interest on general damages?
• What is the usual time frame after a Part 36 offer within which the relevant period ends?
• To whom does the overriding duty of an expert owe?
• If a party signs a contract without reading it, does that affect its validity?
• What is a key requirement of a Part 36 offer?
• For interim applications made on notice, when must service on the other party occur before the hearing?
• Which ADR method is usually used in employment disputes via ACAS?
• Defence paragraph numbering should mirror what?
• What is the small claims track threshold?
• Which statement describes sufficient consideration?
• In the Fast Track, how many expert fields may give oral evidence?
• Under damages-based agreements, what is the typical cap for personal injury cases as a percentage of damages?
• For damages-based agreements, what is the cap for non-personal injury case types?
• What does the QOCS cap represent?
• What are the two main types of evidence?
• If an allegation cannot be admitted or denied, what should the defence state?
• RTA low value claims cap up to what amount?
• Winding-up proceedings are used for which debtor?
• If the defendant makes a partial admission, what happens?
• Where are court fee figures set out?
• In a civil claim, the claimant wins at trial but fails to beat the defendant's Part 36 offer. What is the usual cost consequence?
• Which Part of the CPR deals with the power to strike out?
• Interim applications without notice are typically used in which situation?
• In multi-track costs, who assesses the costs after every hearing?
• If a debtor objects to a final charging order, the matter is transferred to the debtor's home court for a hearing.
• Who appoints a single joint expert?
• If a Part 36 offer states that it is automatically withdrawn on a date, what is the consequence?
• If the defendant admits the whole claim and pays within 14 days, what happens to costs?
• Arbitration differs from negotiation or mediation in that it is:
• What power does the court have regarding expert fees?
• Express terms are statements made by the parties in the contract.
• Which track features a typical 3-day trial and two experts per party with standard disclosure and tailored disclosure?
• When should questions to an expert be asked?
• Which combination of elements is required for a contract to be formed?
• Which track is used for claims up to £10,000?
• Any new documents after initial disclosure directions?
• Which items would typically be included in pre-action disclosure?
• Which of the following correctly describes Part 2 of disclosure?
• If the offer is reduced before the expiry, what is the treatment of the original offer?
• Where must a PI claim of £40,000 be issued?
• What is the primary purpose of the Directions Questionnaire?
• Which statement about joint privilege is true?
• Damages for breach must show there was a breach causing loss and not too remote.
• When issuing proceedings against a company, in which name should they be sued?
• In a straightforward civil claim, within how many days should the defendant respond after the claim is issued?
• What is true about notice timing for interim applications?
• Which of the following is a valid form of defence to the claim for damages?
• Before issuing a claim at court, where there is a relevant pre-action protocol, what should the parties do?
• Is there an ADR stay option in the directions questionnaire process, and if so, for how long?
• If the claimant turns down a defendant's Part 36 offer and the outcome is penalised, what is the typical interest on costs?
• What is a potential consequence of not engaging in ADR during litigation?
• Where should an interim application be issued?
• Can more than one interim payment application be made?
• Which statement aligns with possible penalties for resisting ADR?
• What form of ADR cannot take place at the same time as litigation?
• In arbitration, who appoints the arbitrator and what is the outcome?
• What is the typical process for stage 2 EPL/PL protocol regarding the settlement pack?
• Which of the following describes personal service under rule 6.5?
• On the small claims track, which statement describes disclosure?
• For a simple interim application, what is typically attached to Form N244?
• In the fast track trial timetable, who begins with an opening speech?
• What is good practice regarding track allocation?
• Costs in interim applications are determined by?
• What is the purpose of the standard breathing space in relation to enforcement?
• What is the maximum percentage of a success fee under a CFA that can be deducted from damages in a personal injury claim?
• In the example case, after the settlement, how much does the client receive?
• Which statement best describes the “fruits of the litigation”?
• PD70 governs what aspect of judgments?
• When assessing the financial value of a claim for track allocation, what should be disregarded?
• In the CFA example, with base rate £200 per hour and a 50% uplift, what is the charge-out rate?
• What is the effect of a witness statement at trial when the witness is giving oral evidence?
• Before issuing a claim, which item should be included in the claimant's letter to the defendant?
• If the claimant beats their own Part 36 offer, what is the typical costs outcome?
• Does consideration need to be adequate?
• Under the postal rule, when does acceptance take effect?
• Which of the following lists the elements of negligence?
• Which form is used for the Small Claims Track directions questionnaire?
• What does a Part 18 request pertain to?
• To obtain a stay of execution, what must the judgment debtor show?
• Not engaging in ADR can lead to which end-of-case penalty?
• Which tracks use a N625 document list for disclosure?
• If a claimant accepts a Part 36 offer after expiry, what is the likely effect on the defendant's post-expiry costs?
• Which is an exception to the right of inspection of a disclosed document?
• Why is a single joint expert generally preferred?
• Do Part 36 offers go in the trial bundle?
• Stage 1 information exchange in the RTA low value protocol is true:
• If experts have differences of opinion, what may happen?
• Interim applications may be heard by which method if the parties consent?
• How are costs typically awarded in civil proceedings?
• If the claimant wins at trial under Part 36, costs awarded to the claimant are typically on which basis?
• What is the maximum value for claims that MCOL can handle?
• When the Part 36 offer is accepted, by when must the defendant pay the settlement money?
• When a Part 36 offer is accepted, how are costs for the claimant determined if not agreed?
• When should experts be identified?
• Which of the following describes specific disclosure?
• Documents protected by legal privilege must
• In Stage 3 of EPL/PL protocol, what does Part A detail and what does Part B detail?
• The notice of issue serves to confirm what?
• If parties cannot comply with the court's directions, what is the formal mechanism to seek amendment of the directions?
• What is the purpose of a Part 18 request?
• What is the general rule about communication of acceptance?
• In a civil claim, the claimant loses at trial after a Part 36 offer has been made by the defendant. What is the usual order in costs?
• What is the maximum trial length for the intermediate track?
• Attachment of earnings orders involve the debtor's employer paying the CCMCC, which then passes funds to the creditor.
• Which form is used to defend or counterclaim for a specified amount?
• Once an expert's report is disclosed, who may rely on it at trial?
• Which statement best describes the role of the mediator in ADR?
• Which statement is true regarding evidence of ADR consideration in proceedings?
• What does initial disclosure provide?
• In the context of privilege, Form N265 is used to:
• Which track is used for claims valued up to £10,000 with low complexity?
• Court directions regarding disclosure typically include which item?
• Under CFA, if the case is won, the client will bear costs to the lawyer at what rate?
• If no reply within 15 days, which protocol applies?
• During a mental health crisis, breathing space protection lasts for the length of the crisis plus how many days?
• After a defence is received, what does the court consider to assign the matter to a track?
• For a unilateral offer, when is acceptance deemed complete?
• Which is a valid method to serve a claim form?
• Which of the following is true about costs in Part 36 offers?
• If allocation to the track needs changing, what is its status?
• CPR Part 31 does not apply to the small claims track.
• Which statement best reflects the objective of pre-action conduct and protocols?
• Under Part 45, when are costs fixed in interim applications?
• When seeking permission to rely on expert evidence, what must parties provide?
• What does Qualified One-Way Cost Shifting (QOCS) primarily protect claimants from?
• What is the typical form of expert evidence?
• Which form is used to respond to a money claim for an unspecified amount?
• Which option best describes a potential end-of-case sanction for not using ADR?
• Which statement best describes the consequence of not engaging in ADR?
• Where is the Answer set out in civil appeals procedure?
• Which is NOT a ground for an interim payment application?
• Which ground describes when a claimant may submit a summary judgment application?
• What is the term used for a funding agreement between a client and solicitor?
• Which of the following may occur if ADR is not used?
• Which form is used to start an interim application?
• Under QOCS, when a defendant is awarded costs against a claimant, those costs can only be enforced up to the amount of what?
• Under fixed costs, if the claimant beats the defendant's Part 36 offer, which is true?
• In taking control of goods, if the amount under the warrant is £5000 or more, enforcement must be in the High Court.
• Which of the following are typical grounds for Leave to Appeal?
• When do the consequences of a Part 36 offer start?
• A personal injury claim valued at £55,000 can be started in which courts?
• When a legal representative signs a statement of truth on behalf of a client, the court will take this as true that?
• In fast track CPR Part 28 directions, which step comes after the exchange of witness statements?
• Which item is not required to support an interim payment application?
• You act for the claimant in a fast-track matter. The defendant has filed their defence responding to the issues outlined in the particulars of claim, and, in addition, has raised new matters relevant to the dispute. What document might you prepare and file along with your directions questionnaire?
• What should a defendant's solicitor do if no response is filed within the time limits?
• QOCS CAP recoverable costs: If the claimant recovers some damages but must pay some or all of the defendant's costs, what is the typical arrangement?
• Set-off is a type of counterclaim.
• Which act provides a statement of interest in the claim?
• How long does the claimant have to consider offers made?
• Which statement about small claims track disclosure, in general terms, is true?
• If a statement is a representation and not a term, what rights may it give?
• In the Multi Track, which tool is used to control costs?
• Which statement about past consideration is correct?
• Which scenario allows a defendant to apply for summary judgment?
• Which statement correctly describes after the event (ATE) insurance in relation to CFAs?
• If there has been non-compliance with a pre-action protocol or Practice Direction, the court may order that...
• If a claimant wins at trial but the judgment is less favorable than their Part 36 offer, what penalties apply?
• Non-party disclosure involves which of the following?
• What can be proven with expert evidence?
• What is the purpose of interim payments in civil proceedings?
• In civil litigation, failure to participate in ADR can lead to which sanction?
• When a defendant did not engage, mislaying documents would not constitute a good reason for him to be allowed to defend the claim. Which option expresses this?
• Which of the following is excluded from the Intermediate Track?
• What must the defendant's reply include?
• What may happen if a party does not engage in ADR during civil proceedings?
• Which statement about multi-track disclosure is true?
• Under CPR 31.16, pre-action disclosure may take place in which form?
• Which track applies to claims of £100,000.01 and over and/or complexity?
• An appeal from a county or high court trial is heard in which court?
• Within how many days must an appellants notice (N161) be filed after judgment is given?
• In the fast track, when is mutual exchange of statements due after allocation?
• Which factor is a determinant of a reasonable search?
• Which of the following statements about damages-based agreements is true?
• Which Practice Direction sets the fixed costs and complexity bands referenced for the Fast Track?
• Which element must be included in a defence statement?
• For amounts between £600 and £5000, either court is acceptable.
• If the claim is a designated money claim, where can an interim application be made?
• What is the general rule about costs after the trial in civil procedure?
• Which protocol is relevant if a claim leaves the initial low value protocol or is unsuitable?
• In a civil claim, the claimant made a Part 36 offer and the defendant rejects it; if the claimant then obtains a judgment equal to or better than the offer, what is the typical costs outcome?
• What does a damages-based agreement typically tie solicitor fees to?
• What is the effect of the notice of issue?
• When is a claim form deemed served in the UK?
• Under QOCS, what is the effect on insurers who win?
• Under without prejudice privilege, which statement is true?
• Which factor is considered by the court when allocating to a track?
• What actions can be made should a party fail to file their DQ?
• In which scenario is a litigation friend required?
• What is the consequence if a party fails to disclose a document without permission?
• When issuing proceedings against a company, which name should be used for service?
• If a Part 36 offer has been accepted, what is true about withdrawal or amendment?
• Which track covers £10,000.01 to £25,000?
• Under the duty to disclose, which documents must be provided?
• If no agreement on the choice of expert can be reached, who may select the expert?
• For an interim application, what should Form N244 include?
• Under Part 36, the additional amount payable when the claimant beats the offer includes which calculation?
• What should evidence in support of an interim payment application include?
• If only part of the claim is admitted, what may happen?
• If the debtor is an individual, which proceedings could a creditor consider?
• In summary judgment applications, which statement best captures the 'no other compelling reason' criterion?
• What is the rate for late payment of commercial debts?
• Who bears the duty to alert the court if track allocation should be adjusted?
• Which type of insurance might a CFA client take out to cover costs if they lose?
• When does disclosure take place in track cases?
• After the claimant's witnesses are examined in chief, who cross-examines them?
• Which of the following is NOT a formal requirement of a Part 36 offer?
• In fast track disclosure, which of the following is included?
• Permission to appeal in the COA civil division is granted based on which factor?
• For service by first class post, the service is deemed to have occurred on which day after posting?
• Qualified one-way costs shifting (QOCS) relates to which type of claims?
• Implied terms can be created by statute, by custom, or by the courts.
• Under Part 45, fixed costs in interim applications apply in which situation?
• By when must a copy of an interim application be served?
• What is the duration of standard breathing space under the debt respite scheme?
• Which is a possible sanction for not engaging in ADR?
• N162 refers to which document in civil appeals?
• When is the court told about a Part 36 offer in the costs context?
• Which of the following is a ground for an interim payment?
• What triggers a judgment in default?
• What is the N1 form used for?
• Who must grant permission for an appeal?
• What is the maximum period to serve after issue of a claim form?
• Joint interest privilege may arise when two or more parties share which of the following?
• Where would a party look to find the official register of expert witnesses?
• For document exchange service, when is service deemed?
• If a claimant's total is £25,000 but the defendant admits £17,000 liability, leaving £8,000 in dispute, what track is typically used?
• If the claimant relies on evidence from a medical practitioner, what must be attached?
• Which statement best reflects the relationship between ADR and litigation?
• In a 3rd party debt order, the creditor applies without notice, and an interim order directs the third party to pay the debt to the judgment creditor.
• Under Stage 1, when is the PI protocol applied?
• Which form is used to pay the court fee, and where are the figures set out?