SQE1 FLK1 Dispute Resolution

July 2024 Practice Questions

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Table of Contents
Terms and Conditions 4
Questions 5
Question 1 6
Question 2 7
Question 3 8
Question 4 9
Question 5 10
Question 6 11
Question 7 12
Question 8 13
Question 9 14
Question 10 15
Question 11 16
Question 12 17
Question 13 18
Question 14 19
Question 15 20
Question 16 21
Question 17 22
Question 18 23
Question 19 24
Question 20 25
Question 21 26
Question 22 27
Question 23 28
Question 24 29
Question 25 30
Question 26 31
Question 27 32
Question 28 33
Question 29 34
Question 30 35
Answers 36
Answer 1 37
Answer 2 38
Answer 3 39
Answer 4 40

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 Answer 5 41
Answer 6 42
Answer 7 43
Answer 8 44
Answer 9 45
Answer 10 46
Answer 11 47
Answer 12 48
Answer 13 49
Answer 14 50
Answer 15 51
Answer 16 52
Answer 17 53
Answer 18 54
Answer 19 55
Answer 20 56
Answer 21 57
Answer 22 58
Answer 23 59
Answer 24 60
Answer 25 61
Answer 26 62
Answer 27 63
Answer 28 64
Answer 29 65
Answer 30 66

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Terms and Conditions
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Questions

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Question 1

In a contract dispute, Barrington Legal Services act for a company that has recently discovered additional emails
that significantly weaken their client's position. The emails were inadvertently omitted from the initial disclosure
due to an oversight. Barrington Legal Services contemplates submitting these emails to the court and the
opposing side but is concerned about the potential impact on their client's case.
Considering the Civil Procedure Rules (CPR) and principles of fair disclosure, which of the following actions
should Barrington Legal Services take regarding the newly discovered emails?

A. Withhold the emails to protect their client’s position, given they were not initially disclosed.

B. Disclose the emails immediately to the court and opposing side, irrespective of the impact.

C. Seek the client's instruction on whether to disclose the emails, prioritizing the client's interests.

D. Destroy the emails to ensure they cannot adversely affect their client's case.

E. Advise the client of the potential consequences of nondisclosure and recommend disclosing the emails.

Answer is on page 37

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Question 2

In a complex dispute over a breached contract involving the procurement of specialized IT equipment for a large
corporation, the parties are considering how best to approach the issue of technical evidence. The equipment in
question was supposed to meet very specific operational standards, which the claimant argues have not been
met, leading to significant operational disruptions. The defendant contests these claims, suggesting that any
operational issues are due to the claimant's misuse. Given the highly technical nature of the dispute and the
potential for considerable financial impact, the parties are advised to consider the use of expert evidence.
Which of the following scenarios best supports the court's direction to appoint a single joint expert in this case?

A. If the technical standards claimed to be breached are open to wide interpretation and heavily contested.

B. If the IT equipment's functionality relies on cutting-edge technology that is not widely understood.

C. If the evidence required is technical but pertains to established standards within the IT industry.

D. If the claimant and defendant have vastly differing expert opinions already submitted in preliminary reports.

E. If organizing a meeting between the claimant's and defendant's separate experts is deemed too complex and
costly.

Answer is on page 38

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Question 3

A company is planning to implement a new IT system that could significantly impact the privacy of its customers.
A group of concerned customers has approached a solicitor, fearing the potential misuse of their personal data
once the new system is deployed.
What is the most suitable initial advice the solicitor should provide to the concerned group in this context?

A. Advise the group to immediately initiate legal proceedings against the company for potential breach of data
protection laws.

B. Recommend requesting a meeting with the company to discuss the IT system implementation plans and any
data protection measures in place.

C. Suggest the group waits until the system is deployed and then file a complaint with the Information
Commissioner's Office (ICO) if their data is misused.

D. Recommend reporting the company to the ICO before the system is deployed to preempt potential data
privacy issues.

E. Advise sending a formal letter to the company, demanding they halt the deployment until an independent audit
of the data protection measures is conducted.

Answer is on page 39

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Question 4

A local business has entered into a contract with a supplier for the provision of goods. The supplier has now
breached the terms of the contract, leading to significant losses for the business. The business is considering
taking legal action and seeks advice on the most appropriate pre-action steps to take in line with the Practice
Directions on pre-action conduct.
Which of the following steps is least likely to be recommended as a pre-action step in this scenario?

A. Sending a detailed letter of claim to the supplier outlining the breach and the losses incurred.

B. Requesting an early neutral evaluation from a third party to assess the claim's strength.

C. Immediately commencing court proceedings without notifying the supplier.

D. Arranging a without prejudice meeting with the supplier to discuss potential settlement.

E. Calculating the limitation period for the contract claim to ensure timely action.

Answer is on page 40

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Question 5

After successfully litigating a breach of contract case, Tech Innovations Ltd was awarded a judgment of £100,000
against Gadgets & More Ltd, a retailer who failed to pay for a bulk order of the latest electronic devices. Despite
the court's decision, Gadgets & More Ltd has not made any payment towards the judgment debt. As a result,
Tech Innovations Ltd is exploring the most appropriate method to enforce the judgment and recover the owed
amount.
What is the most appropriate enforcement action for Tech Innovations Ltd to take in this scenario to ensure
recovery of the judgment debt?

A. Initiate an insolvency proceeding against Gadgets & More Ltd.

B. Apply for a warrant of control to empower bailiffs to seize assets from Gadgets & More Ltd.

C. Submit a request for an attachment of earnings order against the director of Gadgets & More Ltd.

D. Seek a third-party debt order against a debtor who owes money to Gadgets & More Ltd.

E. File for a charging order to secure the judgment debt against Gadgets & More Ltd's commercial property.

Answer is on page 41

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Question 6

Elara Innovations was awarded damages of £200,000 by the Court of Appeal after successfully appealing
against an initial decision in a contractual dispute. The opposing party has refused to pay the awarded sum,
prompting Elara Innovations to explore options for compulsory enforcement.
Which of the following methods of enforcement should Elara Innovations consider to directly recover the financial
sum awarded to them by the court?

A. Applying for an injunction to prevent further breaches of contract.

B. Requesting a court order for specific performance by the debtor.

C. Securing a charging order against the debtor's property.

D. Issuing a bankruptcy petition against the individual debtor.

E. Applying for a writ of possession to reclaim goods worth the debt value.

Answer is on page 42

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Question 7

ABC Services Ltd. was notified that a competitor had initiated legal proceedings against them for alleged breach
of contract. ABC Services Ltd. intended to contest the allegations vigorously. However, due to an administrative
oversight, their response to the court's notice was not filed by the prescribed deadline. Consequently, they were
informed that a default judgment was made in favor of the competitor. ABC Services Ltd. is keen on overturning
this judgment so they can present their case.
On what grounds can ABC Services Ltd. apply to have the default judgment set aside to enable them to defend
the claim?

A. ABC Services Ltd. must agree to pay the legal costs of the competitor to date.

B. ABC Services Ltd. must prove that the court notice was not received due to postal service errors.

C. ABC Services Ltd. must show evidence of a credible defense to the breach of contract claim or identify a
significant procedural flaw in how the judgment was reached.

D. ABC Services Ltd. must file the application to set aside the default judgment within a 14-day period following
the judgment.

E. ABC Services Ltd. must demonstrate that their failure to respond was due to force majeure.

Answer is on page 43

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Question 8

John, a solicitor, has been approached by a client on the 20th July. The client desires to make a claim against
their former employer for wrongful dismissal. John calculates that the limitation period for bringing the claim will
expire on the 15th August. Recognizing the tight timeframe and the need for prompt action to secure his client's
legal rights, John considers the next steps meticulously.
What is the most appropriate initial action for John to ensure his client's claim is preserved within the legal
timeframe?

A. John should advise the client to negotiate directly with the former employer for an amicable settlement.

B. John should immediately issue a claim form to avoid any risk of missing the limitation period.

C. John should wait until the last week of the limitation period to issue the claim form, providing additional time to
gather evidence.

D. John should apply for an immediate judgment in default because the former employer has not responded.

E. John should contact the former employer to informally resolve the dispute before issuing any legal
proceedings.

Answer is on page 44

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Question 9

During a high-profile breach of contract dispute between Aspen Inc. and Birchwood Plc., both entities agree to
engage in early neutral evaluation to resolve their differences. Afterwards, they present to the court a summary of
their settlement, bypassing the standard preliminary hearings. However, the court is concerned that the
settlement may not fully address the rights of minor stakeholders not present during the negotiation.
What action is the court most likely to take regarding the settlement agreement between Aspen Inc. and
Birchwood Plc.?

A. Endorse the settlement as is, respecting the autonomy of the disputing corporations.

B. Request additional information from independent audits to ensure fairness to all parties.

C. Refer the settlement back to mediation for further consideration of minor stakeholders' rights.

D. Examine the terms of the settlement and may require adjustments to better protect minor stakeholders.

E. Dismiss the agreement outright and proceed to a full trial to ensure justice is served.

Answer is on page 45

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Question 10

A firm has won a significant case for their client, resulting in a substantial financial award. However, the
defendant has failed to make any payments towards the award. The firm is considering the next steps to ensure
their client receives payment. The client's legal team is aware that the defendant owns valuable machinery and
equipment, which could be seized to satisfy the judgment debt.
What is the first step the legal team should take to enforce the judgment through the seizure of the defendant's
machinery and equipment?

A. Apply for a charging order against the defendant’s property.

B. Issue a bankruptcy petition against the defendant.

C. Request the court to issue a writ of possession.

D. Request the court for a writ of control.

E. Submit an application for a third party debt order.

Answer is on page 46

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Question 11

During a critical period of contract negotiations for the construction of a new leisure center, the contractor,
BuildRite, experiences significant delays in securing necessary planning permissions due to an oversight. The
client, Metro Leisure, faces potential financial losses and disruption to its projected opening timeline. As tensions
escalate, both parties consider their legal positions regarding the delay ahead of potential litigation.
Based on established legal principles of dispute resolution, what considerations are most pertinent for assessing
the merits of Metro Leisure's potential claim against BuildRite?

A. The extent of financial losses incurred by Metro Leisure due to the delay.

B. Whether BuildRite had taken all reasonable steps to mitigate the impact of the delay.

C. BuildRite's financial ability to compensate for the delay.

D. The specific terms of the contract relating to delays and their consequences.

E. Metro Leisure's past experiences with other contractors.

Answer is on page 47

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Question 12

During a complex commercial dispute resolution, each party involved decides to appoint their own expert witness
to provide specialised knowledge in technology. The experts are tasked with collaborating on a joint report
outlining their findings and opinions on the technical matters in question. To ensure the integrity of the joint
expert report, it is essential that all involved abide by procedural rules governing expert evidence.
What is the maximum number of days after a joint discussion that experts must issue the joint report to the
parties, according to the Practice Direction?

A. Within 5 days.

B. Within 10 days.

C. Within 14 days.

D. Within 21 days.

E. Within 28 days.

Answer is on page 48

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Question 13

Taylor, the owner of a small tech startup, finds themselves in a dispute with a former partner, Jordan, over
intellectual property rights and shares in the startup. Given the technical nature of the dispute and the potential
for a prolonged legal battle, Taylor is considering alternative dispute resolution methods.
Which alternative dispute resolution method is most suitable for Taylor and Jordan, considering their need to
continue a professional relationship post-dispute?

A. Litigation, as it provides a public record of the dispute and resolution.

B. Arbitration, due to its binding decisions and capacity for expert decision-makers.

C. Mediation, because it emphasizes collaborative solutions and preserves relationships.

D. Adjudication, for its rapid resolution process.

E. Conciliation, as it involves an active third-party facilitator to propose solutions.

Answer is on page 49

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Question 14

Sarah, a small business owner, has discovered that a supplier, Tim's Tech, has provided her with faulty computer
parts, causing significant downtime for her business. After several unsuccessful attempts to resolve the issue
directly with Tim's Tech, Sarah is considering her next steps to reach an amicable resolution without resorting to
legal action.
Considering the principles of pre-action protocols, which of the following would be the most appropriate next step
for Sarah to take?

A. Posting a detailed account of the issue on social media to pressure Tim's Tech into resolving the dispute.

B. Requesting a meeting with Tim's Tech to discuss the issue, and if necessary, involving a neutral third party to
mediate.

C. Immediately filing a lawsuit against Tim's Tech without further communication.

D. Sending a grievance letter to Tim's Tech, outlining the issues and potential consequences if unresolved, while
open to negotiation.

E. Ignoring the problem, hoping that it resolves itself over time.

Answer is on page 50

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Question 15

In the course of preparing for a substantial construction dispute, a property development company seeks to
engage an architect as an expert witness to provide insight into alleged defects in the design of a high-rise
building. The legal team aims to substantiate their claim that the defects were a result of design flaws,
contributing to their argument for damages.
Considering the Civil Procedure Rules (CPR), what must the legal team ensure regarding the engagement of the
architect as an expert witness?

A. The expert must be instructed by a solicitor and cannot be directly contacted by the client.

B. The expert’s primary duty is to the court, above any obligation to the party instructing them.

C. The expert can only provide evidence on matters disclosed by the other party.

D. The expert witness is allowed to advocate for the party instructing them to ensure a favorable outcome.

E. The expert must receive all their instructions in writing and cannot act on verbal briefings alone.

Answer is on page 51

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Question 16

Anne & Wayfield, a renowned construction company, faces a lawsuit for alleged breach of contract by a client.
The contract in question was primarily executed by BridgeConstructs Ltd, a fully owned subsidiary of Anne &
Wayfield responsible for the construction project. After initiating legal action, the claimant realizes that the lawsuit
was mistakenly filed against Anne & Wayfield instead of BridgeConstructs Ltd, which directly oversaw the project
operations.
In accordance with the Civil Procedure Rules, what is the most appropriate action for the claimant to take to
correct this mistake and ensure accountability?

A. Continue the lawsuit against Anne & Wayfield, relying on the principle that a parent company is accountable
for its subsidiary's contractual obligations.

B. Request the court to permit the addition of BridgeConstructs Ltd as a co-defendant with Anne & Wayfield to
address the oversight.

C. Withdraw the legal action against Anne & Wayfield and initiate a new claim directly against BridgeConstructs
Ltd.

D. Seek the court's authorization to replace Anne & Wayfield with BridgeConstructs Ltd as the defendant,
attributing direct accountability.

E. File for a declaration that Anne & Wayfield is vicariously liable for BridgeConstructs Ltd’s actions, without
altering the existing claim.

Answer is on page 52

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Question 17

A local community group has raised concerns about a proposed development in their area, fearing it will have
significant environmental impact. They seek to challenge the legality of the development's approval by the local
authority. The group's fundraising efforts have been successful, but they are still concerned about the potential
costs of legal action adding up and potentially being ordered to pay the other side’s costs if they lose. They have
come to you for advice on managing this financial risk.
What would be the most appropriate initial advice for managing their financial risk in challenging the
development's approval?

A. Advise the group to immediately start a public campaign against the development to gather more support.

B. Recommend applying for a Protective Costs Order to limit their exposure to the other side's costs.

C. Suggest the group withdraws their challenge to avoid any risk of incurring costs.

D. Propose the group waits to see if another party challenges the development first, thereby reducing their own
financial risk.

E. Encourage the group to directly negotiate with the local authority to revoke the approval without going to court.

Answer is on page 53

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Question 18

In a dispute between a software development company and a client over the delivery of a custom software
project, the parties decide to avoid court litigation due to the time and expense involved. They agree to a
resolution that not only resolves their current dispute but also provides a mechanism for any future disputes
related to this agreement to be handled promptly and without necessarily going to court. Furthermore, this
mechanism should allow for court enforcement if the software company fails to meet specific revised
deliverables.
Which mechanism best fits their resolution strategy and future dispute management?

A. A consent order.

B. A Tomlin order.

C. An out-of-court settlement with a non-disclosure agreement.

D. An expert determination clause.

E. A conditional discharge.

Answer is on page 54

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Question 19

After a prolonged dispute over a commercial lease, LMN Retail has obtained a court judgment in its favor,
ordering QRX Property Holdings to pay damages for failing to carry out essential repairs on the premises leased
by LMN Retail. QRX Property Holdings has been given a 30-day deadline to make the payment, as per the
judgment.
Should QRX Property Holdings not pay the owed amount within the 30-day period, which course of action would
be most appropriate for LMN Retail to pursue?

A. Seek to negotiate a lower settlement amount.

B. Apply for a judgment to be set aside.

C. Initiate enforcement proceedings.

D. Demand immediate payment through a press release.

E. Propose an alternative dispute resolution mechanism.

Answer is on page 55

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Question 20

During a commercial dispute resolution process, Taylor, a litigation solicitor, is managing a case involving
complex financial transactions. A key expert in financial forensics, who was scheduled to provide crucial
evidence regarding financial mismanagement, has suddenly fallen ill. With the trial date fast approaching and the
inability to delay proceedings, Taylor considers the available legal avenues to ensure the expert's insights are still
represented within the case.
Under the Civil Procedure Rules, what action must Taylor take to ensure the expert's evidence is considered by
the court in the absence of a formal witness statement due to the expert's sudden illness?

A. Request an adjournment until the expert can provide a formal statement.

B. Submit an application for permission to provide a detailed summary of the expert's intended evidence.

C. Proceed without the expert’s evidence, relying on the strength of the existing case materials.

D. Serve a notice to the opposing party stating the expert will provide oral evidence directly at trial.

E. Submit other expert testimonies in the same field to make up for the absence of the specific evidence.

Answer is on page 56

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Question 21

Oliver, a solicitor, is engaged in a contentious property dispute case. He has prepared a witness statement that is
pivotal for his client's position. Aware of the critical role the document plays in bolstering his case, Oliver pays
close attention to the rules governing the service of such documents within the litigation process.
Based on the Civil Procedure Rules, by when must Oliver serve the witness statement on the opposing party if
the final hearing is scheduled for a Monday?

A. The previous Friday.

B. The same Monday.

C. Fourteen days before the hearing.

D. The week before the hearing at the latest.

E. The question lacks sufficient information to determine the service deadline.

Answer is on page 57

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Question 22

A solicitor advising a client on a potential breach of contract issue, involving a claim estimated to be £25,000,
identified that substantial pre-action correspondence and documentation exchange took place without formal
adherence to a pre-action protocol. The solicitor is considering advising the client to apply directly for a fast-track
allocation given the specifics of the case and the amount involved.
Under which condition would the solicitor's advice to proceed directly to fast-track allocation possibly be
considered premature or inappropriate?

A. The client has previously engaged in alternative dispute resolution methods concerning the current dispute.

B. There exists a specific pre-action protocol for the type of dispute in question, which has not been followed.

C. The claim’s value is estimated to be over £10,000 but below the threshold for multi-track allocation.

D. All key evidence relevant to the claim has already been exchanged between the parties.

E. The opposing party has explicitly agreed to bypass pre-action protocols due to the apparent clarity of facts.

Answer is on page 58

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Question 23

A local community center, which regularly offers free legal advice sessions to residents, has been named as a
defendant in a lawsuit filed by a commercial landlord regarding a disputed lease agreement. As the lawsuit
progresses, the community center's legal team anticipates receiving formal communication from the court.
Upon receiving a directions questionnaire, what should the community center's legal team primarily prepare to
do?

A. Calculate and propose a financial settlement to the landlord.

B. Prepare a counterclaim against the landlord for damages.

C. Draft and submit a detailed assessment of the case's complexity and resource requirements.

D. Gather character testimonials from the community about the center's contributions.

E. Organize a public demonstration to garner support against the landlord.

Answer is on page 59

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Question 24

During a multi-track case involving a complex commercial dispute, the presiding judge is considering how to
manage the vast quantity of documents submitted by both parties. Among these documents are numerous
financial records, email correspondences, and contractual agreements, some of which are duplicates or
irrelevant to the core issues at hand.
Under the Civil Procedure Rules 1998, which approach is the judge most likely to adopt to ensure the efficient
handling of documents and the smooth progression of the trial?

A. Instruct both parties to consolidate their documents into a single digital database accessible by the court and
all parties.

B. Require each party to only submit key documents that directly relate to the disputed issues.

C. Allow all submitted documents without any filtration to ensure thorough examination.

D. Request a third-party document review service to examine and summarize all documents.

E. Exclude any documents that were not disclosed at the pre-trial review stage.

Answer is on page 60

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Question 25

An entrepreneur is considering bringing a lawsuit against a former business partner for breach of a confidentiality
agreement in relation to a start-up project. The entrepreneur is consulting with a solicitor to understand the
procedural steps for initiating the lawsuit in the County Court.
What initial advice should the solicitor give regarding the service of the claim form in relation to the lawsuit?

A. The claim form must be served within 28 days after the date of issuance, without the need for specifics of the
claim to be provided immediately.

B. The claim form and details of the claim should be served on the defendant personally within 7 days of
issuance.

C. The claim form can be served without immediate details of the claim, but they must be served within 14 days
of the claim form or as soon as practicable.

D. Immediately file the claim form and details of the claim online, ensuring they are served together as soon as
they are accepted by the court.

E. Serve the claim form to the defendant within 4 months of issuance for service within the jurisdiction, providing
flexibility in arranging the details of the claim.

Answer is on page 61

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Question 26

A solicitor is representing a technology company in a complex intellectual property dispute involving several
patents and alleged breaches of confidentiality agreements. The value of the claim is estimated at £25,000, but
the intricacies of the case are substantial, involving expert testimonies on the technical nuances of the patented
technologies and detailed examination of the agreements in question.
Considering the nature of this intellectual property dispute, why might the solicitor recommend seeking allocation
to a track typically reserved for more complex cases?

A. The solicitor prefers a courtroom setting that facilitates a quicker resolution.

B. The expected recovery of legal costs exceeds the usual limits for less complex tracks.

C. A less complex track would not provide the required level of expert testimony evaluation.

D. The client wishes to avoid mediation and other forms of alternative dispute resolution.

E. The intricacy of the patents and confidentiality agreements demands extensive judicial management.

Answer is on page 62

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Question 27

In a recent breach of contract dispute, Client C instructs Firm D to secure an interim injunction to prevent further
breaches by the opposing party. Solicitor E, handling the case, drafts the required application notice but is
unsure whether to personally attest the statement of truth due to the sensitive nature of the allegations involved.
Under the CPR Part 22 guidelines, who is authorised to sign the statement of truth in an interim injunction
application notice?

A. Solicitor E only.

B. Client C only.

C. Either Solicitor E or Client C.

D. The court clerk assigned to the case.

E. A barrister briefed to advise on the case.

Answer is on page 63

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Question 28

Emilia and Lucas find themselves in a contentious situation regarding the intellectual property rights of a software
program both claimed to have significantly developed. With the potential for a protracted legal battle, they both
express a desire to find a less adversarial and more cost-effective solution before considering formal litigation.
They are exploring various dispute resolution mechanisms to find common ground.
Based on their need for a less adversarial solution, which dispute resolution mechanism would be most
appropriate for Emilia and Lucas?

A. Initiating immediate litigation in the High Court.

B. Engaging in a roundtable negotiation with legal assistance.

C. Submitting the dispute to binding arbitration.

D. Participating in a structured settlement conference.

E. Seeking a summary judgment to expedite the process.

Answer is on page 64

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Question 29

Tina, a solicitor, is advising her client, a small business, on a breach of contract claim against a supplier. The
contract specifies a limitation period ending on the 30th of September for any claims to be initiated. Tina is aware
that it is crucial to ensure all necessary steps are taken well in advance to avoid the claim being barred by the
limitation period.
Considering the need to navigate pre-action protocols and the possibility of delays, what is the most effective
deadline Tina should aim to have the claim form submitted to the court?

A. 30th of August.

B. 30th of September.

C. 15th of September.

D. 1st of September.

E. 15th of August.

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Question 30

Daniel, a solicitor, is representing his client, Emily, in a negligence claim against a contractor. Emily rejected a
Part 36 offer made by the defendant, believing she would be entitled to a higher sum. However, the court
awarded Emily a sum that was significantly lower than the Part 36 offer.
How should Daniel advise Emily regarding her cost obligations and interest payments in light of the court's
decision being less favorable than the Part 36 offer?

A. Emily should recover all her costs and interest from the defendant as she successfully proved negligence.

B. Emily is responsible for paying the defendant's costs from the date the offer was made, including interest on
those costs.

C. Emily can recover her costs up until the Part 36 offer's relevant period ended, but must pay the defendant's
costs thereafter.

D. Emily must pay all of the defendant’s costs from the beginning of proceedings, with interest on those costs.

E. Emily is entitled to her costs up to the date on which the Part 36 offer was made, without any obligation to pay
the defendant's costs.

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Answers

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Answer 1

The correct answer is E. The Civil Procedure Rules (CPR) mandate the duty of fair disclosure. Lawyers are
required to act with integrity and not mislead the court. Barrington Legal Services must inform their client of the
consequences of withholding material evidence and recommend disclosure to comply with the rules and their
ethical obligations.
Option A is incorrect because withholding material evidence contravenes the duty of disclosure under the CPR
and can lead to serious consequences, including sanctions against the client and solicitor.
Option B is incorrect as while immediate disclosure aligns with the rules, the solicitor has a duty to advise the
client about the implications and seek informed instructions.
Option C is incorrect because, while client instructions are important, solicitors cannot act in a manner that is
contrary to legal obligations, including fair disclosure, even if it aligns with the client's wishes.
Option D is incorrect as destroying evidence is unethical, likely illegal, and would seriously breach the solicitor's
duty to the court and their professional integrity.

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Answer 2

The correct answer is C. Appointing a single joint expert is most suitable when the necessary expert testimony
involves technical aspects but is based on established standards within the industry, which can effectively
streamline proceedings and minimize costs.
Option A is incorrect because when technical standards are widely contested, it may be more appropriate for
each party to have their own experts to fully present their case.
Option B is incorrect because the use of cutting-edge technology not widely understood might require highly
specialized experts from each side to articulate the specifics of their case.
Option D is incorrect as the existing preliminary differing expert opinions highlight the need for each party
potentially to provide detailed, individual expert testimonies to support their respective arguments effectively.
Option E is incorrect as the complexity and cost of organizing meetings do not inherently justify the appointment
of a single joint expert; the key is the nature and disputability of the technical evidence required.

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Answer 3

The correct answer is B. This option is correct because it aligns with the Solicitors Regulation Authority’s
guidance on exploring negotiation and dialogue, in this case involving data protection concerns, before taking
more adversarial steps. It allows for a better understanding of the planned measures and expresses the group's
concerns directly to the company.
Option A is incorrect because it suggests skipping pre-action negotiations and alternative dispute resolution
processes, which could potentially resolve the concerns without the need for litigation.
Option C is incorrect because it advocates for a reactive approach, which may not be in the best interest of the
concerned group or allow for mitigation of their concerns in a timely manner.
Option D is incorrect because it suggests an escalation to regulatory intervention without first attempting to
understand or resolve the issue directly with the company, missing an opportunity for dialogue.
Option E is incorrect because it suggests a confrontational initial approach without first seeking to engage
constructively with the company over their concerns, which is contrary to the principles of pre-action conduct.

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Answer 4

The correct answer is C. Commencing court proceedings without first notifying the supplier is least likely to be
recommended as it goes against the principles of pre-action conduct which encourage parties to communicate
and potentially resolve disputes without the need for litigation.
Option A is incorrect because sending a detailed letter of claim is a standard and often necessary step before
initiating legal proceedings, as it provides the other party with an opportunity to understand the claim against
them and possibly settle before going to court.
Option B is incorrect because requesting an early neutral evaluation is a recognized pre-action step that can help
all parties understand the potential strengths and weaknesses of their case, potentially leading to an early
resolution.
Option D is incorrect because arranging a without prejudice meeting is encouraged under the Practice Directions
on pre-action conduct as a way to explore settlement options before resorting to litigation.
Option E is incorrect because calculating the limitation period is a crucial step to ensure that any claim is made
within the time limits set by law, preventing the claim from being statute-barred.

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Answer 5

The correct answer is B. Applying for a warrant of control allows bailiffs to seize assets owned by Gadgets &
More Ltd, offering an effective means to recover the judgment debt directly through the sale of those assets.
Option A is incorrect because initiating insolvency proceedings is a drastic measure that might not directly lead to
debt recovery and can result in the complete winding up of Gadgets & More Ltd.
Option C is incorrect as an attachment of earnings order is not typically applicable to directors or businesses; it is
designed for individual debtors with a regular income.
Option D is incorrect because a third-party debt order targets accounts or debts owed to the judgment debtor by
another party, which may not be relevant or guaranteed in this scenario.
Option E is incorrect as a charging order secures the debt against property, which may not result in immediate
recovery of funds and is dependent on the liquidation or refinancing of that property.

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Answer 6

The correct answer is C. Elara Innovations should consider securing a charging order against the debtor's
property as it directly allows for the recovery of the financial sum awarded by creating a legal charge over the
debtor's assets, such as real estate, which can then be enforced to satisfy the debt.
Option A is incorrect because an injunction is a preventive measure aimed at stopping an action from occurring,
not a method of enforcing financial judgments.
Option B is incorrect because a court order for specific performance pertains to the fulfillment of contractual
obligations in the manner specified within the contract, not to the enforcement of financial awards.
Option D is incorrect because issuing a bankruptcy petition is a means to declare the debtor bankrupt and may
not directly recover the financial sum awarded; it is more appropriate in cases where the debtor is unable to pay
their debts.
Option E is incorrect because a writ of possession is used to regain possession of property, not to enforce a
monetary judgment.

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Answer 7

The correct answer is C. ABC Services Ltd. must show evidence of a credible defense to the breach of contract
claim or identify a significant procedural flaw in how the judgment was reached to satisfy the conditions for
setting aside a default judgment under Rule 13.
Option A is incorrect because merely agreeing to pay the legal costs of the competitor to date does not address
the fundamental requirement under Rule 13 for setting aside a default judgment, which focuses on the presence
of a substantial defense or procedural error.
Option B is incorrect because while non-receipt of court notices may form part of a procedural error argument, it
alone does not suffice for setting aside a default judgment under Rule 13. A credible defense or a more
substantial procedural flaw must be demonstrated.
Option D is incorrect because there is no arbitrary 14-day period specified under Rule 13 for the filing of an
application to set aside a default judgment. The timing is subject to when the defendant becomes aware of the
judgment and other considerations of fairness and justice.
Option E is incorrect because force majeure, relating to uncontrollable external events preventing a party from
fulfilling a contract, is not directly relevant to the criteria under Rule 13 for setting aside a default judgment. The
emphasis is on a credible defense and identification of serious procedural errors.

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Answer 8

The correct answer is B. John should immediately issue a claim form to avoid any risk of missing the limitation
period. This action ensures that the claim is filed within the legal timeframe, preserving the client's right to seek
judicial resolution of the wrongful dismissal claim.
Option A is incorrect because negotiating directly with the former employer, while potentially useful in some
disputes, does not ensure that the legal claim is preserved within the limitation period, risking the client's ability to
seek redress through the courts.
Option C is incorrect because waiting until the last week of the limitation period is risky and does not allow for
unforeseen delays or complications in filing the claim form, potentially resulting in missing the legal deadline.
Option D is incorrect because an immediate judgment in default is not relevant or possible at this stage, as the
claim has not yet been issued or served on the former employer.
Option E is incorrect because while contacting the former employer to resolve disputes informally can be a
valuable step, it should not delay the timely issuance of the claim form, especially when the limitation period is
nearing its end.

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Answer 9

The correct answer is D. The court has a responsibility to ensure that all settlements and agreements serve the
interests of justice, including the protection of all parties involved, especially those not present during
negotiations such as minor stakeholders. Therefore, if a settlement overlooks the rights of these stakeholders,
the court is inclined to review and possibly mandate alterations to the agreement.
Option A is incorrect because simply endorsing the settlement without consideration for all stakeholders might
not align with the principles of fair justice and the court's overriding objective to ensure that justice is done.
Option B is incorrect as requesting audits is not the standard approach for addressing concerns about the
protection of stakeholders' rights within a settlement. The court's decision-making is more directly concerned with
the terms of the agreement itself.
Option C is incorrect because while referral back to mediation is a potential course of action, it is more direct and
efficient for the court to examine and, if necessary, mandate adjustments to the settlement to protect minor
stakeholders.
Option E is incorrect because dismissing the agreement outright is an excessive measure when the court can
instead require modifications to ensure the agreement is just and equitable.

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Answer 10

The correct answer is D. Requesting the court for a writ of control is the first step the legal team should take to
enforce the judgment through the seizure of the defendant's machinery and equipment. A writ of control
authorizes High Court Enforcement Officers to seize and sell the debtor's goods to satisfy the judgment debt.
Option A is incorrect because a charging order is a method used to secure a judgment debt against the debtor’s
property, rather than directly seizing assets to satisfy the debt.
Option B is incorrect because issuing a bankruptcy petition is a process initiated when a debtor is unable to pay
their debts, not a direct method for seizing assets.
Option C is incorrect because a writ of possession is primarily used to recover possession of land or property, not
for enforcing money judgments through the seizure of goods.
Option E is incorrect because a third party debt order targets debts owed to the judgment debtor by someone
else, rather than allowing for the seizure of the debtor’s own assets.

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Answer 11

The correct answer is B. The court will take into account whether BuildRite had taken all reasonable steps to
mitigate the impact of the delay. This includes efforts to expedite the planning permissions process once the
oversight was realized, and any other proactive measures to minimize the financial and operational disruption to
Metro Leisure. This approach aligns with the fundamental legal principles guiding dispute resolution by assessing
the responsibility and responsiveness of the parties involved.
Option A is incorrect because while the extent of financial losses is a consideration, it does not solely determine
the merits of the claim without considering the efforts made to mitigate those losses.
Option C is incorrect because the financial ability of BuildRite to compensate is relevant to the execution of a
judgment but does not primarily affect the assessment of the claim's merits.
Option D is incorrect because, although the specific contractual terms are crucial, the focus is on whether
reasonable steps were taken to mitigate the delay’s impact, beyond just the contractual obligations.
Option E is incorrect because past experiences with other contractors are not pertinent to assessing the specific
circumstances and actions taken in the present case.

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Answer 12

The correct answer is D. The Practice Direction requires experts to issue the joint report to the parties within 21
days after their joint discussion. This timeframe is designed to provide sufficient time for the experts to finalize
their discussions and prepare a comprehensive report, ensuring accurate and definitive expert evidence is
presented to the court.
Option A is incorrect because 5 days is insufficient for the thorough preparation and agreement on a joint report
following intricate discussions between experts.
Option B is incorrect because, although closer, 10 days still may not provide adequate time for the complexities
involved in finalizing a joint expert report.
Option C is incorrect as it suggests a shorter period than what is stipulated by the Practice Direction for the
issuance of the joint report.
Option E is incorrect because it extends beyond the timeline provided by the Practice Direction, potentially
delaying the dispute resolution process unnecessarily.

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Answer 13

The correct answer is C. Mediation is particularly well-suited for Taylor and Jordan as it allows both parties to
actively participate in creating a resolution that addresses the needs of both sides. Mediation focuses on
maintaining and potentially improving the professional relationship between disputing parties, making it an ideal
choice for situations where ongoing interactions are necessary.
Option A is incorrect because litigation tends to be adversarial, which can damage relationships and is public,
potentially harming reputations.
Option B is incorrect because while arbitration can bring in expert decision-makers, its binding nature and the
potential for a win-lose outcome might not suit parties looking to preserve their relationship.
Option D is incorrect because, although adjudication can be quicker, it is typically used in construction disputes
and might not offer the relational preservation focus Taylor and Jordan need.
Option E is incorrect because, while conciliation involves a third party, it is not as focused on collaborative
solutions and constructive conversations as mediation.

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Answer 14

The correct answer is D. Sending a grievance letter to Tim's Tech, outlining the issues and potential
consequences if unresolved, while being open to negotiation, aligns with the principles of pre-action protocols
which encourage communication and a detailed outline of claims and potential remedies before considering
litigation. This step shows Sarah’s willingness to engage in pre-action negotiations, potentially leading to a
settlement without court intervention.
Option A is incorrect because using social media to apply pressure does not represent a constructive or
professional attempt at resolution as encouraged by pre-action protocols.
Option B is incorrect because, while requesting a meeting is a positive step towards resolution, stating it as the
most appropriate without attempting written communication first does not fully align with the structured approach
encouraged by the principles of pre-action protocols.
Option C is incorrect because immediately filing a lawsuit disregards the pre-action protocols' encouragement of
attempting settlement before resorting to litigation.
Option E is incorrect because ignoring the problem does not actively pursue a resolution and goes against the
proactive approach encouraged by pre-action protocols.

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Answer 15

The correct answer is B. According to Part 35 of the Civil Procedure Rules, an expert witness's primary duty is to
the court, not to the party instructing or paying them. This ensures that their contribution is impartial, focusing
solely on offering their expert opinion to assist in the resolution of the court proceedings. The overarching
principle is that expert evidence should be independent and serve the court's needs in administering justice.
Option A is incorrect because while it's common for experts to be instructed by a solicitor, direct communication
with the client is not prohibited under the CPR; the key aspect is the expert's duty to the court, irrespective of who
instructs them.
Option C is incorrect because an expert witness is not restricted to providing evidence only on matters disclosed
by the other party. They can offer evidence on any pertinent matter within their expertise, as long as it serves to
elucidate the issues for the court.
Option D is incorrect because an expert witness is expressly prohibited from advocating for the party instructing
them. Their role is to offer independent insight, not to support a particular outcome.
Option E is incorrect because while written instructions are standard and good practice for clarity and
record-keeping, there's no express rule within Part 35 that forbids acting on verbal instructions. Nonetheless,
experts often document all instructions to maintain clear records of their brief.

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Answer 16

The correct answer is B. Requesting the court to permit the addition of BridgeConstructs Ltd as a co-defendant
with Anne & Wayfield is the most prudent approach. This action rectifies the error by involving the correct entity,
thereby facilitating a comprehensive resolution of the dispute in accordance with Civil Procedure Rules, which
encourage efficiency and fairness in legal proceedings.
Option A is incorrect because relying solely on the accountability of the parent company without involving the
subsidiary directly engaged in the breach may not fully address the claimant's grievance.
Option C is incorrect as withdrawing the action against Anne & Wayfield and starting anew solely against
BridgeConstructs Ltd could disregard the potential joint responsibility and the broader context of the contractual
relationship.
Option D is incorrect because substituting Anne & Wayfield for BridgeConstructs Ltd as the defendant might
overlook the nuanced legal and contractual relationships between the parent company and its subsidiary.
Option E is incorrect as seeking a declaration of vicarious liability without adjusting the claim to accurately reflect
all responsible parties could result in an incomplete judicial examination of the circumstances.

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Answer 17

The correct answer is B. Advising the group to apply for a Protective Costs Order is the most appropriate strategy
for managing financial risk when challenging the approval of the development. A Protective Costs Order aims to
limit the amount the applicant must pay to the other side in the event of losing the case, making it a crucial tool
for public interest groups concerned about the financial implications of legal action. This aligns with the ethical
and procedural guidance on managing costs in disputes involving public interest.
Option A is incorrect because while starting a public campaign might gather more support, it does not directly
manage the financial risks associated with potential legal costs.
Option C is incorrect because withdrawing their challenge might avoid costs but also abandons the group’s
objectives and concerns about the environmental impact of the development.
Option D is incorrect because waiting for another party to challenge the development may result in lost
opportunities for the group to influence the outcome of the legal process. This does not provide a strategy for
managing financial risks.
Option E is incorrect because, although negotiation is a worthwhile step before litigation, it is uncertain and does
not provide a safeguard against the financial risks of legal action as applying for a Protective Costs Order does.

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Answer 18

The correct answer is B. A Tomlin order is most suitable for the scenario described as it allows the dispute to be
settled with terms that can be enforced by the court if not adhered to, without continuing with active litigation. It is
especially fitting for agreements that may require enforceable future performance, such as delivering specific
project milestones.
Option A is incorrect because a consent order mainly concludes litigation without detailing measures for future
disputes related to the agreement.
Option C is incorrect because an out-of-court settlement with a non-disclosure agreement focuses on
confidentiality and may not necessarily include a straightforward mechanism for court enforcement of future
disputes.
Option D is incorrect because an expert determination clause is a method of dispute resolution where an expert
in the matter decides on a dispute, but it does not inherently include a mechanism for court enforcement of such
determinations.
Option E is incorrect because a conditional discharge is a criminal law concept where the defendant is not
punished unless another offence is committed within a specified period, hence not applicable to civil dispute
resolutions.

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Answer 19

The correct answer is C. Initiating enforcement proceedings is the correct and appropriate course of action for
LMN Retail should QRX Property Holdings fail to comply with the payment order issued by the court within the
specified timeframe. Engaging in this formal process is crucial for the enforcement of the judgment.
Option A is incorrect because negotiating a lower settlement amount post-judgment undermines the court's
decision and is typically not the advised path unless mutually agreed by both parties under specific
circumstances, which are generally outside the enforcement process.
Option B is incorrect as applying for a judgment to be set aside is an action typically initiated by the party against
whom the judgment was made, and not by the victor seeking enforcement.
Option D is incorrect because demanding payment through a press release is inappropriate and unprofessional,
lacking any legal basis to enforce the judgment, and could potentially damage reputational aspects for both
parties involved.
Option E is incorrect as proposing an alternative dispute resolution mechanism post-judgment does not align with
the enforcement of a legally binding decision already made by the court.

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Answer 20

The correct answer is B. According to CPR 32.10 and the provision under r 32.9, when a party is unable to serve
a witness statement from an expert due to unforeseen circumstances such as illness, they may apply to the court
for permission to serve a witness summary that details the expected evidence of the expert. This aligns with the
procedural requirements and ensures the critical evidence can still be considered, albeit in a different format.
Option A is incorrect because requesting an adjournment is not the most efficient or recommended approach
under the CPR for dealing with the inability to provide a formal witness statement due to sudden illness, as it may
cause unnecessary delays in proceedings.
Option C is incorrect because proceeding without the expert's evidence, when it is crucial to the case, could
potentially weaken Taylor's position and overlook the procedural avenues available under the CPR to address
such situations.
Option D is incorrect because merely serving a notice of intent for the expert to provide oral evidence does not
comply with the requirements or alternatives provided under the CPR for when a formal witness statement
cannot be produced.
Option E is incorrect because submitting other expert testimonies does not address the requirement to make all
efforts to include the specific expert's evidence, as each expert's insight could be unique to the aspects of the
case in question.

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Answer 21

The correct answer is C. According to the Civil Procedure Rules, witness statements should be served no later
than fourteen days before the hearing, providing sufficient time for the opposing party to review the documents
before the final hearing.
Option A is incorrect because simply serving the document the previous Friday does not necessarily meet the
requirement of being served fourteen days before the hearing.
Option B is incorrect as serving the witness statement on the same day as the hearing does not provide the
opposing party adequate time to review the statement, violating the principle of fairness in litigation.
Option D is incorrect because serving the document 'the week before the hearing at the latest' could be less than
the fourteen days required, depending on when the document is actually served.
Option E is incorrect as the question provides enough information to apply the standard rule of serving witness
statements fourteen days before the hearing, as specified within the Civil Procedure Rules.

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Answer 22

The correct answer is B. If there exists a specific pre-action protocol for the type of dispute in question that has
not been followed, proceeding directly to fast-track allocation could be considered premature or inappropriate.
Pre-action protocols serve to clarify the factual and legal issues disputed, and aim to encourage resolution
without proceeding to litigation, thereby saving time and costs for both parties and the court.
Option A is incorrect because the engagement in alternative dispute resolution methods demonstrates an
attempt to resolve the issue outside of court, which is in line with the spirit of pre-action conduct, but does not
directly address the requirement to follow specific pre-action protocols.
Option C is incorrect because the claim’s value fitting within the fast-track allocation threshold is a standard
criterion for allocation and does not relate to the appropriateness of bypassing specific pre-action protocols.
Option D is incorrect because the exchange of key evidence, while important, does not substitute the need for
following specified pre-action protocols that might offer a path to resolution or a more efficient litigation process.
Option E is incorrect because the agreement between parties to bypass pre-action protocols does not align with
the formal requirements potentially set out by the court system, especially when such protocols exist and are
designed to aid in the dispute resolution process.

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Answer 23

The correct answer is C. The primary purpose of submitting a directions questionnaire is for the community
center's legal team to provide the court with a detailed assessment of the case's complexity and the resource
requirements. This allows the court to adequately allocate the case to the most suitable track, ensuring case
management and resolution processes are tailored appropriately.
Option A is incorrect because the directions questionnaire's primary purpose isn't to propose financial
settlements but to aid in case management and track allocation.
Option B is incorrect because preparing a counterclaim involves a different procedural step and is not the main
purpose of completing a directions questionnaire.
Option D is incorrect because gathering character testimonials may support the community center's position but
is not related to the directions questionnaire's purpose in court proceedings.
Option E is incorrect because organizing a public demonstration falls outside the legal procedural purposes of a
directions questionnaire and does not influence its primary function in case allocation.

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Answer 24

The correct answer is B. According to the Civil Procedure Rules 1998, the judge has the authority to control
evidence, including asking parties to only submit documents that are directly relevant to the disputed issues. This
approach enhances the efficiency of case management by focusing on crucial evidence and discarding irrelevant
materials.
Option A is incorrect because, while digital consolidation can be practical, the CPR does not specifically mandate
creating a shared digital database for document management; the focus is on relevance and efficiency.
Option C is incorrect because allowing all submitted documents without filtration would likely lead to an inefficient
review process, which contradicts the objectives of the CPR for a fair and efficient trial.
Option D is incorrect as the CPR emphasizes the parties' and the court's roles in evidence management rather
than outsourcing to a third party for document review. While third-party services can be used, this is not a primary
approach under CPR.
Option E is incorrect because excluding documents not disclosed at the pre-trial review overlooks the possibility
of later stages of discovery or exceptions granted by the court, and it is not the primary method for ensuring
document relevance and efficiency as outlined by the CPR.

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Answer 25

The correct answer is E. In cases where a lawsuit is initiated in the County Court within England and Wales
jurisdiction, the claim form should be served to the defendant within 4 months of issuance. This timeline provides
sufficient flexibility for the claimant to arrange and serve the details of the claim appropriately.
Option A is incorrect because the timeframe mentioned does not align with the standard 4-month period allowed
for serving the claim form within the jurisdiction.
Option B is incorrect as it inaccurately suggests an overly stringent 7-day timeframe for serving both the claim
form and the details of the claim, which is not required by the procedural rules.
Option C is incorrect because, while it acknowledges the separation in timing between serving the claim form and
the details of the claim, the specific 14-day mention does not apply to the initiation stage and misrepresents the
permitted timelines.
Option D is incorrect because it fails to acknowledge the procedural requirement of the 4-month service window
when the claim is being served within the jurisdiction, and immediate online service is not a requirement under
the procedural rules.

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Answer 26

The correct answer is E. The sophisticated nature of the patents and the confidentiality agreements involved in
this intellectual property dispute necessitate extensive judicial management. Such complexity likely requires a
detailed examination of evidence, expert testimonies on the patented technologies, and thorough analysis of the
legal agreements, which would be more effectively handled on a track designed for complex cases.
Option A is incorrect because the preference for a quicker resolution is not directly linked to the need for a track
that can handle the complexity and detailed management the case requires.
Option B is incorrect as the recovery of legal costs, while potentially higher in complex cases, is not the primary
reason for seeking a track that can address the extensive judicial management required by the nature of the
intellectual property dispute.
Option C is incorrect because, although the evaluation of expert testimony is indeed crucial, this option does not
fully capture the broad range of complexities, such as the need for a detailed examination of legal agreements,
that justify allocation to a more complex track.
Option D is incorrect as the client's wish to avoid alternative dispute resolution methods, like mediation, doesn't
necessitate allocation to a more complex track dedicated to comprehensive judicial management of intricate
legal matters.

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Answer 27

The correct answer is C. According to Practice Direction 22, para 3.1, statements of truth for any application
notice, including those for interim injunctions, may be signed by either the party (or their litigation friend) or the
legal representative of the party. Thus, both Solicitor E, as the legal representative, and Client C, as the party,
can sign the statement of truth.
Option A is incorrect because it excludes Client C, who as the party involved, is also entitled to sign the
statement of truth alongside their legal representative.
Option B is incorrect as it negates the permission for Solicitor E, who is acting as Client C's legal representative
and is likewise authorized to sign.
Option D is incorrect because the court clerk does not have the authority to sign a statement of truth for parties
involved in the application; such a task is clearly meant for parties to the dispute or their legal representatives.
Option E is incorrect because, while a barrister may advise on the case, the authorization under CPR Part 22 to
sign a statement of truth specifically pertains to the party or their legal representative, which typically means a
solicitor or another individual who is directly representing the party in the dispute.

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Answer 28

The correct answer is B. Engaging in a roundtable negotiation with legal assistance is most appropriate for Emilia
and Lucas.
Option A is incorrect because initiating immediate litigation in the High Court is adversarial, costly, and may not
be the cost-effective solution they are seeking.
Option C is incorrect because while arbitration is less formal than litigation, it is still a binding process that might
not offer the flexibility and control that negotiation provides.
Option D is incorrect because a structured settlement conference, although effective, is typically used after
litigation has begun and not as an initial step to avoid litigation.
Option E is incorrect because seeking a summary judgment to expedite the process still involves the court
system and does not provide the amicable resolution Emilia and Lucas are searching for.

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Answer 29

The correct answer is E. Submitting the claim form by the 15th of August allows Tina ample time to deal with
potential pre-action protocol requirements, any negotiations that might arise, and unforeseen delays, effectively
mitigating the risk of the claim being statute-barred.
Option A is incorrect because while the 30th of August provides some leeway, it does not offer as much buffer
time for completing pre-action protocols and dealing with unexpected issues as the 15th of August does.
Option B is incorrect because submitting on the limitation date itself, the 30th of September, does not account for
any potential delays or additional requirements, risking the validity of the claim.
Option C is incorrect because, although better than submitting on the 30th of September, the 15th of September
still risks not providing sufficient time to address any unforeseen complications.
Option D is incorrect because while the 1st of September offers a bit more time than Options B and C, it does not
provide as comprehensive a buffer against unforeseen issues as the 15th of August.

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Answer 30

The correct answer is C. Emily can recover her costs up until the Part 36 offer's relevant period ended, but must
pay the defendant's costs thereafter. This is in line with the consequences of rejecting a Part 36 offer that would
have been more favorable than the judgment received. The rule aims to encourage settlements by imposing cost
consequences on parties who unreasonably refuse offers.
Option A is incorrect because, despite proving negligence, Emily did not obtain a judgment more favorable than
the Part 36 offer, affecting her entitlement to costs.
Option B is incorrect because it overlooks that Emily is entitled to her costs up until the end of the offer's relevant
period, as opposed to covering all of the defendant's costs from the date the offer was made.
Option D is incorrect because it does not account for Emily’s entitlement to costs up to the expiration of the
offer's relevant period.
Option E is incorrect as it fails to recognize that Emily has to bear the defendant's costs after the expiration of the
offer's relevant period, not from the date the offer was made.

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