A) the party making disclosure has a duty to make full disclosure.
B) the legal representative for the client has a duty to ensure that the client makes full disclosure.
C) there is an obligation on the part of both parties to agree a method of disclosure (and inspection) .
D) the obligations to give disclosure are ongoing throughout the case both before and after disclosure having been made.
E) solicitors and counsel must withdraw from a case if the client refuses to give disclosure of documents that should be disclosed.
Correct Answer
verified
Correct Answer
verified
A) For CPR 31.16 the documents sought must be those that would fall within the definition of standard disclosure, but this does not apply with orders under CPR 31.17 for disclosure against non-parties or someone who is not likely to be a party in the action.
B) In CPR 31.16 the applicant needs to show that the respondent is 'likely to be a party to the action', but for applications under CPR 31.17 this is not necessary.
C) Applications under CPR 31.16 may be made pre-action but applications under CPR 31.17 may not be.
D) In applications under CPR 31.16 the court will sometimes order the respondent to pay the costs of the application whereas in applications under CPR 31.17 the court will never order the non-party to pay the costs of the application
Correct Answer
verified
C
Correct Answer
verified
A) When the court has ordered a split trial.
B) When the litigation is complex and disclosure is 'issue based'.
C) When an application for an interim payment has been made and it would be appropriate and efficient to order disclosure to meet the issues of the application.
D) Whenever the overriding objectives would be served by ordering staged disclosure.
Correct Answer
verified
Correct Answer
verified
A) who is likely, or may well be, a party in the future proceedings.
B) who will be a party in the future proceedings.
C) who has refused to cooperate and provide disclosure in the protocol phase.
D) who holds documents that fall outside the scope of standard disclosure.
Correct Answer
verified
Correct Answer
verified
A) which are referred to in any statement of case.
B) which are referred to in witness statements.
C) which are referred to in statements of case and witness statements.
D) which are referred to in statements of case, witness statements, witness summaries, and any affidavits.
Correct Answer
verified
Correct Answer
verified
A) restrict the amount of disclosure taking place.
B) ensure that disclosure is carried out in a more considered way with the client being an active participant in the process.
C) restrict the numbers of 'issues' in a case so that the case is being conducted proportionately.
D) widen the scope of the duties to give disclosure to include e-disclosure.
Correct Answer
verified
Correct Answer
verified
A) all the documents that he will rely on as well as any that he is required to produce by a practice direction.
B) all documents that support another party's case.
C) all documents that he has that are relevant to the case.
D) all documents that adversely affect another party's case.
Correct Answer
verified
Correct Answer
verified
A) If it is appropriate to do so, an application for pre-action disclosure may be one of the few occasions when it would be possible to apply to the court for an order to enforce compliance with some of the protocol practice.
B) An application for pre-action disclosure can only be made if the document (or documents) sought are listed as documents that should be made available in the protocol phase.
C) An application for pre-action disclosure should always be made if you think your opponent has documents that would strengthen your case and would facilitate pre-action settlement.
D) Pre-action disclosure applications should only be made if it can be shown that such an order would dispose fairly of the anticipated proceedings, or save costs or help resolve the action without proceedings.
Correct Answer
verified
Correct Answer
verified
A) its level of relevance to the issues.
B) the cost of retrieving it in proportion to the value of the case.
C) the weight of other cogent evidence that is available.
D) the number of documents involved.
Correct Answer
verified
C
Correct Answer
verified
A) A section where documents that the party does not have in his possession any more are listed and where he will say where those documents may be found.
B) A section where the person completing the form declares that he understands his duties to the court for disclosure and has carried out those duties to the best of his ability.
C) A section where the party declares that he has no other documents to disclose.
D) A section where documents that are privileged are listed.
E) A section where documents that are not privileged are listed.
Correct Answer
verified
Correct Answer
verified
A) Applications under the Data Protection Act 1988.
B) Applications under the Freedom of Information Act 2000.
C) Applications under the Land Registration Act 2002.
D) Applications for documents held at Companies House.
Correct Answer
verified
Correct Answer
verified
A) the other party serves notice requiring the document to be proved provided that notice is served at least 7 days before the trial.
B) the other party serves notice requiring the document to be proved provided that notice is served within 7 days of service of form N265 or by the latest date for serving witness statements whichever is the later.
C) the other party serves notice requiring the document to be proved provided that notice is served within 7 days of service of form N265.
D) the other party serves notice requiring the document to be proved provided that notice is served within 14 days of service of form N265.
Correct Answer
verified
B
Correct Answer
verified
A) he has in his possession.
B) he has given to someone else.
C) he has the right to inspect or take copies of.
D) he has the right to gain possession of.
Correct Answer
verified
Correct Answer
verified
A) All the documents listed on form N265 have been disclosed and may be inspected at some stage of the action.
B) Documents that are no longer in the control of the party are excluded from 'inspection'.
C) Documents where the party has a right not to make the document available for 'inspection' may be withheld from any claim to a right to inspect them.
D) When making the document available for 'inspection' is costly and the cost is disproportionate to the issues of the case to permit inspection of it.
Correct Answer
verified
Correct Answer
verified
A) all cases under the control of the CPR.
B) all cases in the fast track and the multi-track.
C) all cases in all tracks.
Correct Answer
verified
Correct Answer
verified
Showing 1 - 15 of 15
Related Exams