Chapter 15 End-of-chapter questions

Brian has had a long running dispute with his neighbour, Tony, in relation to the specific location of the boundary between their gardens. Brian has decided that he has no choice but to ask a judge to rule on the position of the boundary. Which of the following statements is correct?

Brian can bring a civil claim against Tony in the County Court.

Brian must speak to the local police and ask them to prosecute Tony.

If Brian started proceedings against Tony the case would be brought in the name of the Queen (Regina).

Brian can choose whether to bring a claim against Tony in either a civil or a criminal court.

Oona's pride and joy, a Fiat Panda, has been damaged beyond repair by a mechanic at her local garage. The car is worth £750. Oona has commenced court proceedings in the County Court. The claim will be dealt with in the small claims track. She wants to commission an expert report from Fiat in Italy, at a cost of £3000. She has applied to the judge for permission.

Oona is the wronged party and can request the report if she wishes. The judge will grant her request.

The overriding objective of the CPR is to deal with cases justly and at proportionate cost. It is highly unlikely that Oona's request will be judged proportionate.

The overriding objective of the CPR is to deal with cases at all cost.

The judge can make a decision based on whether he thinks Oona has a good case.

Ziad wants to bring a claim for clinical negligence against his local hospital. He alleges that the surgeon who carried out his gastric band operation, last year, did so negligently. He has instructed a solicitor. Which of the following is correct?

Ziad can commence proceedings immediately and does not have to notify the hospital.

Ziad will have to comply with the Pre-action protocol for clinical negligence.

Ziad's solicitor can decide whether to inform the hospital of the claim or can choose to simply commence proceedings.

Clinical negligence claims are not covered by the pre- action protocols in the CPR.

Mo has commenced a claim in the High Court for damages arising from a breach of contract. He has served the proceedings and the time for a service of a defence has passed. He has not heard anything from the defendants. He telephoned the defendants to remind them the defence was due but they put the phone down and refused to engage with him. Which of the following is correct?

Mo can request a default judgment.

Mo can request a summary judgment.

Mo is stuck. No action can be taken until a defence is received.

Mo must apply for a trial date.

Thomas commenced court proceedings against William. Thomas is claiming £75000 for losses resulting from a failure to complete a building project. William has suggested that the parties try to resolve the case by mediation. Which statement is correct?

Thomas can ignore the suggestion and progress to trial.

An agreement to mediate demonstrates weakness.

ADR is only used before commencement of proceedings.

Thomas should seriously consider the offer to mediate and take up the offer if there is a chance that it will assist the settlement of the claim.

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