CILEx Civil Practice (Level 7) Practice Test

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