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. Perfect Parachutes Ltd has issued an application for summary judgment of its claim against Gillian for breach of contract. The court has listed the summary judgment application to be heard on Tuesday 31 March. Which ONE of the following options is the BEST ADVICE to Perfect Parachutes in respect of notice for the hearing?  Notice of the hearing must be given to Gillian by not later than Monday 23 March.  Notice of the hearing must be given to Gillian by no later than Monday 16 March.  Notice of the hearing must be given to Gillian by not later than Wednesday 25 March.  Notice of the hearing must be given to Gillian by not later than Friday 27 March. Correct This is CORRECT. Notice of a summary judgment hearing must be given no later than 14 clear days from the date of the hearing. Please refer to your materials regarding the timing and procedure for summary judgment applications. Please see CPR 24.4. Note also that CPR 2.8 deals with the calculation of time under the CPR and provides that clear days means that in computing the number of days, the day on which the period begins and if the end of the period is defined by reference to an event, the day on which that event occurs, are not included. Monday 23 March would be 7 clear days before the hearing which is the deadline for service and filing by the respondent of any evidence he wishes to rely on at the hearingplease refer to CPR 24.5(1). Wednesday 25 March would be 3 clear days before the hearing which is the deadline for service and filing by the applicant of any evidence in reply he wishes to rely on at the hearing- please refer to CPR 24.5(2).

Instructing Solicitors are about to make an application for a time extension on behalf of their client who is a claimant in a negligence claim. They ask you for advice on the contents and service of the application notice. Which ONE of the following options is the BEST ADVICE in connection with the application they are about to make?  A copy of the application notice must be served as soon as practicable after it is filed and in any event at least 7 days before the court is to deal with the application. The application notice must be verified by a statement of truth if the applicant wishes to rely on the matters set out in the application notice as evidence.  A copy of the application notice must be served as soon as practicable after it is filed and in any event at least 3 days before the court is to deal with the(interim

application) application. The application notice must be verified by a statement of truth if the applicant wishes to rely on the matters set out in the application notice as evidence.  A copy of the application notice must be served at least 14 days before the court is to deal with the application. The application notice must be verified by a statement of truth if the applicant wishes to rely on the matters set out in the application notice as evidence.  A copy of the application notice must be served as soon as practicable after it is filed and in any event at least 3 days before the court is to deal with the application. The application notice must always be verified by a statement of truth. Correct This is CORRECT. See CPR Part 23. The standard timing requirement in relation to an interim application (such as for a time extension as in this case) is to give notice as soon as practicable after the application notice is filed and CPR 23.7(1)(b) specifies that except where another time limit is specified in the Rules, it must in any event be served at least 3 days before the court is to deal with the application. CPR 23.6 and CPR Part 22 require an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in his application notice as evidence. Bernard has made an application to court for an extension of time to serve a witness statement. The application was made without serving a copy of the application notice on the respondent, Playfair Ltd ('Playfair'). Bernard did this with the permission of the court because of exceptional urgency. His application was successful but he remains slightly concerned that it was obtained without notice and he is now seeking advice on the status of the order and what he should do with it. Which ONE of the following options is the BEST ADVICE to give Bernard in these circumstances?  The order must contain a statement of Playfair’s right to apply to have the order set aside or varied. Bernard should serve a copy of the order, the application notice and any supporting evidence on Playfair. Bernard should also be advised that any such application by Playfair must be made within 7 days of the service of the order on it.  The order must contain a statement of Playfair’s right to apply to have the order set aside or varied. Bernard should serve a copy of the order, the application notice and any supporting evidence on Playfair. Bernard should also be advised that any such application by Playfair must be made within 28 days of the service of the order on it.  Bernard should serve a copy of the order, the application notice and any supporting evidence on Playfair. Provided that Bernard serves these documents on Playfair within

7 days of the date of the order, Bernard will comply with his obligations to Playfair and to the court.  Bernard should serve a copy of the order, the application notice and any supporting evidence on Playfair. Bernard should also be advised that Playfair may appeal against the order. Correct This is the CORRECT ANSWER AND THE BEST ADVICE. It accurately reflects the provisions of CPR 23.9 and 23.10 and therefore correctly advises Bernard of what should be done with the order and what Playfair may do. It is INCORRECT to refer to an “appeal” against the order. The reference should be to having it set aside or varied. See 23.9 and 23.10.

Your client has been successful in his contract claim. On appeal by the defendant, the appeal court dismissed the appeal and also stated that it considered the appeal to be totally without merit. Which ONE of the following is the BEST FURTHER ADVICE to give to your client?  The court’s order must record the fact that the court considers the defendant’s appeal to be totally without merit.  The court must make a costs order against the defendant.  The court must make a civil restraint order against the defendant.  The court must make a costs order on the indemnity basis against the defendant. Correct This is CORRECT. Please refer to CPR 23.12. Whilst the court may well make a costs order against the defendant, the court has a wide discretion in relation to costs orders and it is wrong to say that it “must make a costs order against the defendant” or a costs order on an indemnity basis. It is also not correct to say that the court must make a civil restraint order against the defendant. Carly is being sued by Sam in relation to a personal injury claim. Carly is of the view that Sam’s claim is merely fanciful and has no real prospect of success. Carly has been advised that she should make an application for summary judgment against Sam, but Carly is confused about how to make this application and the likely timings. What would be the BEST ADVICE to give Carly about the documents that are required to make an application for summary judgment, when these should be served on Sam and when Sam would have to respond?

 Carly is likely to need an application notice, draft order and witness statement. This evidence must be filed and served on Sam at least 14 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly at least 7 clear days before the summary judgment hearing.  Carly is likely to need an application notice, draft order and witness statement. This evidence must be filed and served on Sam at least 3 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly as soon as possible before the summary judgment hearing.  Carly is likely to need an application notice, draft order and affidavit. This evidence must be filed and served on Sam at least 14 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly at least 7 clear days before the summary judgment hearing.  Carly is likely to need an application notice, draft order and witness statement. This evidence must be filed and served on Sam at least 7 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly at least 3 clear days before the summary judgment hearing. Correct This is correct. See CPR 23.7(3), 24.4 and 24.5.

Esther, a mechanic, carries out repairs to Rita’s car. Rita sends a number of emails to Esther thanking her for the high quality of the repair work. However, when Esther submits her invoice for the work done, Rita does not pay the invoice. Rita gives no reason for not paying. In due course, Esther issues a claim in the County Court against Rita seeking payment of the invoice. In her Defence, Rita contends for the first time that the repair work was negligently carried out. Rita also seeks to set off sums which she claims to have paid another mechanic to rectify mistakes allegedly made by Esther. In light of Rita’s earlier emails to Esther thanking her for the high quality of the repair work, Esther is very suspicious of Rita’s defence. Esther therefore makes an application for summary judgment on the claim. At the summary judgment hearing, the Court takes the view that it is possible that Rita’s defence may succeed but improbable that it will do so. Which of the following orders is the Court most likely to make in order to dispose of Esther’s summary judgment application?

 A conditional order.  The dismissal of Esther’s claim.  The dismissal of Esther’s summary judgment application.  Judgment on Esther’s claim. Correct Correct – Paragraph 4 of Practice Direction 24 provides that: “Where it appears to the court possible that a claim or defence may succeed but improbable that it will do so, the court may make a conditional order…”.

 Claimant’s costs thrown away. Incorrect Incorrect – this is not an(unnecessary cost thrown away for ) application to set aside an order or judgment. Please review your notes in this area and consider what types of application this interim costs order is appropriate for and its effect.

You are instructed to advise Green Jupiter Flowers, a landscaping company. It is the defendant (“the Defendant”) to a breach of contract claim (“the Claim”) brought by a customer (“the Claimant”) in respect of a contract for landscaping and design works at the Claimant’s property ("the Contract”). It is alleged that some of the works undertaken by the Defendant under the Contract were not carried out with the requisite skill and care and that some of the plants supplied by the Defendant were not of satisfactory quality and/or fit for purpose. The Claim Form and Particulars of Claim have both been served on the Defendant. An acknowledgment of service has been filed on the Defendant’s behalf, indicating an intention to defend the claim. You are in the process of drafting the Defence. The Defendant denies that it is in breach of contract. In the alternative, the Defendant maintains that it sourced all of the plants for the contract from another company (“the Company”) who is at fault and should be liable for any damage suffered by the Claimant in this respect. Which ONE of the following statements, relating to additional claims under the CPR, is the MOST APPROPRIATE advice for you to give to the Defendant?  If the Defendant is eventually found to be liable to the Claimant in relation to the plants, the Defendant could only ever pass this liability on to the Company if the Claimant joins the Company to its claim, pursuant to CPR 19.

 In order to pass on any possible liability to the Company in relation to the plants, the Defendant should issue an additional claim against the Company pursuant to CPR 20.7.  In order to pass on any possible liability in relation to the plants to the Company, the Defendant should issue a counterclaim against the Company pursuant to CPR 20.5.  In order to pass on any possible liability to the Company in relation to the plants, the Defendant should claim a contribution or indemnity from the Company pursuant to CPR 20.6. Correct This is the most appropriate advice and on the facts is correct. On the facts the Company is not already a party to proceedings and your client wants to pass on any liability in relation to the Claimant’s claim in relation to the plants to the Company by way of an indemnity in respect of the Claimant’s claim against your client. The advice contained in this answer is the advice that you would give to your client.

Bryony has issued and served a claim against Super Value Supermarkets (“Super Value”) in negligence and occupiers’ liability after she slipped on a spillage on the floor of one of their stores. She has served Particulars of Claim on Super Value. Bryony now realises that fault may lie with the supermarket cleaners, Emerald Clean and that either Emerald Clean or Super Value may be liable or both. Bryony seeks your advice as to whether she can amend her claim to include Emerald Clean as a Defendant. What is the best advice to give her?  Bryony cannot make these amendments now Particulars of Claim have been served.  Bryony can seek Super Value’s consent first, but if consent is not given she will require the Court’s permission to add Emerald Clean.  Bryony will need the Court’s permission to make the amendments she seeks  Bryony must obtain consent from both Emerald Clean and Super Value before she can add Emerald Clean to the proceedings. Correct

CORRECT: this is the best advice to give. Under r.19.4(1) the Court must give permission for the addition of a party if the claim form has been served (as it has been here). However, the consent of neither the current parties nor proposed party is required (although consent may make the court more likely to give permission). Roger and your client, Tim, were driving their respective cars when they were involved in an accident. On 28 January 2019 Roger was travelling along the A38 in the offside lane, he wanted to move into the nearside lane. Roger indicated and believed Tim who was travelling in the nearside lane flashed him to let him into the lane. As Roger moved he collided into Tim’s vehicle. Roger started County Court proceedings against Tim as he holds him at fault. The claim form and particulars of claim were served together on 28 January 2020. Tim holds Roger at fault and also wants to recover the costs of the repairs to his vehicle. You act on behalf of Tim. He also tells you that a third car which was driven by Chris was involved in this collision such that when the initial impact happened Chris caused a second impact to both Roger and Tim. Tim has filed his acknowledgment of service and he has to file his defence on 25 February 2020; please advise which of the following is the best advice:  Tim should make an application to court before 25 February 2020 to seek an extension to file the defence and to add Chris into the existing proceedings.  Tim should file a defence and a counterclaim against Roger and Chris.  Tim should file a defence and a counterclaim against Roger and Chris however, at the same time make an application to bring in Chris as an additional party.  Tim should file a defence and a counterclaim by 25 February 2020 and thereafter issue a separate claim against Chris. Correct Rule 20.5 (1) and 20.5 (2) – as Chris is also liable, and Tim and Roger may be able to recover from Chris, he is not a party to the proceedings therefore Tim will have to bring him in. The correct route is via CPR 20.5, as this is a counterclaim against the claimant and some other person. Max entered into a contract with Kanga Ltd for the provision of gardening services. Under the terms of the contract, Kanga was to dig up and replant part of Max's commercial garden, called “100 Acre Spuds”. Kanga hired a digger from Saturn Arise Machinery Ltd. Unfortunately, during the digging up of the garden, things went wrong: the digger malfunctioned and large areas of Max's neighbouring land, that was not supposed to be dug up, was badly damaged. Max has brought proceedings against both Kanga and Saturn for breach of contract/negligence and loss consequent thereon. Seven days ago, Max served the claim form (containing the particulars of claim) on both Kanga and Saturn. Kanga, which has not yet filed an acknowledgement of service or a defence, believes that Saturn is responsible (in whole or in part is still to be determined) for the loss which Max suffered. What is the BEST ADVICE to give to Kanga here?

 Kanga should file a defence and then, having waited 14 days, file particulars of counterclaim against Max and Saturn.  Kanga should immediately make an additional claim for contribution or indemnity against Saturn by filing a notice containing a statement of the nature and grounds of the additional claim and serving that notice on Saturn.  Kanga should acknowledge service of the claim form. It should then bring an additional claim for a contribution or indemnity against Saturn by filing a notice containing a statement of the nature and grounds of the additional claim and serving that notice on Saturn at the same time as Kanga files its defence.  Kanga should immediately file its defence to Max's claim and, at the same time as it files that defence, should bring an additional claim for a contribution or indemnity against Saturn by asking the court to issue an additional claim form. Correct This is the BEST ADVICE to give in this situation. Saturn is already a party to proceedings (Max sued both Kanga and Saturn). Accordingly, Kanga should use the procedure set out in CPR 20.6 to bring an additional claim for contribution or indemnity against Saturn. The notice under CPR 20.6 should be filed at the same time as the defence. The additional claim is not a counterclaim, so neither CPR 20.4 nor 20.5 is appropriate.

Andrew has issued proceedings against Bontemps Party Services Limited (“Bontemps”) for the negligent provision of hospitality services at Andrew’s 50th birthday party. The Claim Form and Particulars have been served and Bontemps defends the claim in full. After receiving the defence, Andrew says he wants to amend his claim to include a new cause of action within the limitation period. A court hearing takes place to consider Andrew’s application to amend. If the application is successful, which of the costs orders below is the court MOST LIKELY to make?  The court will make an order for Andrew to pay Bontemps’ costs thrown away.  The court will make no order as to costs.  The court will order Andrew to pay Bontemps’ costs of and occasioned by the amendments.

 The court will make an order of costs in the case. Correct This is the correct answer: see CPR 44.2 and the Table at 44PD.4 regarding costs orders and the court’s discretion as to costs. This would be the usual starting point for a costs order following an amendment of statement of case- see also the note at the top of 17 PD. There are no clear facts pointing to any other order.

Your client, Cars 786 Limited, was recently added as a second Defendant to proceedings on 10 July 2020 in relation to a claim for an alleged breach of contract which occurred on 6 January 2019. Proceedings were issued and the Claim form served on 1 July 2020. You are advised that the Claimant did obtain the consent of the first Defendant before making the amendment to add your client as a second Defendant, but did not make any application to court. What is the best course of action to take in the circumstances?  Once served with the particulars of claim your client should respond within 14 days by either filing an acknowledgement of service or defence to avoid default judgment being obtained.  An application to strike out the statement of case which should be made as soon as possible.  Once served with the particulars of claim your...