MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar
Professional
Question 1
James is claiming £20,000 damages from Abax Computers Ltd for
breach of contract. The claim is allocated to the Fast Track. James
has conducted a reasonable search for documents and has
discovered a number of documents. Which ONE of those
documents is NOT a category of documents which James will be
required to disclose under standard disclosure?
Please select ONE of the following:
[A] The documents on which he relies.
[B] The documents which adversely affect his own case.
[C] The documents that he can locate by a reasonable search
[D] The documents that support the defendant’s case.
. [[C] CORRECT. See CPR rule 31.6 in the White Book 2016 which defines what
is meant by "standard disclosure". It includes all those things in answers A, B
and D. Thus [C] is the correct answer as it is NOT a category of documents
required to be disclosed under standard disclosure].
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,Question 2
James wishes to apply during the same proceedings referred to
above, against Ibex Software Ltd, who are not a party to the
proceedings, for the disclosure of certain records. Which ONE of
the following is CORRECT?
[A] James may do so, but the application must be supported by evidence.
[B] He may not do so as proceedings have already started.
[C] He may not do so because Ibex is not a party to the proceedings.
[D] He may only do so if Ibex is likely to become a party to the
proceedings.
[[A] is CORRECT. See CPR rule 31.17 in the White Book 2016 which allows
disclosure against a person not a party to the proceedings (as in this
scenario). James would need to apply to the court for disclosure of the
records. The application must be supported by evidence]
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,Question 3
Which ONE of the following factors is NOT a relevant factor in
deciding whether James in the same proceedings referred to above
has made a reasonable search for documents to be disclosed under
standard disclosure?
[A] The number of documents involved.
[B] The age of the documents.
[C] The ease and expense of retrieval of any particular document.
[D] The nature and complexity of the proceedings.
[[B] is CORRECT. This is because the age of the documents is NOT a factor
listed as a relevant factor in CPR 31.7. All the others (A, C and D) are listed
factors - see CPR rule31.7(2) in the White Book 2016]
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, Question 4
Which ONE of the following CORRECTLY describes the full extent
of the duty on James to disclose documents?
[A] James need only disclose documents in his physical possession.
[B] James need only disclose documents which are or have been in his
physical possession.
[C] James need only disclose documents which are in his control.
[D] James need only disclose documents which are or have been in his
control.
[[D] is CORRECT. See CPR 31.8(1) in the White Book 2016]
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ANSWERS
Bar
Professional
Question 1
James is claiming £20,000 damages from Abax Computers Ltd for
breach of contract. The claim is allocated to the Fast Track. James
has conducted a reasonable search for documents and has
discovered a number of documents. Which ONE of those
documents is NOT a category of documents which James will be
required to disclose under standard disclosure?
Please select ONE of the following:
[A] The documents on which he relies.
[B] The documents which adversely affect his own case.
[C] The documents that he can locate by a reasonable search
[D] The documents that support the defendant’s case.
. [[C] CORRECT. See CPR rule 31.6 in the White Book 2016 which defines what
is meant by "standard disclosure". It includes all those things in answers A, B
and D. Thus [C] is the correct answer as it is NOT a category of documents
required to be disclosed under standard disclosure].
P a g e 1 | 33
,Question 2
James wishes to apply during the same proceedings referred to
above, against Ibex Software Ltd, who are not a party to the
proceedings, for the disclosure of certain records. Which ONE of
the following is CORRECT?
[A] James may do so, but the application must be supported by evidence.
[B] He may not do so as proceedings have already started.
[C] He may not do so because Ibex is not a party to the proceedings.
[D] He may only do so if Ibex is likely to become a party to the
proceedings.
[[A] is CORRECT. See CPR rule 31.17 in the White Book 2016 which allows
disclosure against a person not a party to the proceedings (as in this
scenario). James would need to apply to the court for disclosure of the
records. The application must be supported by evidence]
P a g e 2 | 33
,Question 3
Which ONE of the following factors is NOT a relevant factor in
deciding whether James in the same proceedings referred to above
has made a reasonable search for documents to be disclosed under
standard disclosure?
[A] The number of documents involved.
[B] The age of the documents.
[C] The ease and expense of retrieval of any particular document.
[D] The nature and complexity of the proceedings.
[[B] is CORRECT. This is because the age of the documents is NOT a factor
listed as a relevant factor in CPR 31.7. All the others (A, C and D) are listed
factors - see CPR rule31.7(2) in the White Book 2016]
P a g e 3 | 33
, Question 4
Which ONE of the following CORRECTLY describes the full extent
of the duty on James to disclose documents?
[A] James need only disclose documents in his physical possession.
[B] James need only disclose documents which are or have been in his
physical possession.
[C] James need only disclose documents which are in his control.
[D] James need only disclose documents which are or have been in his
control.
[[D] is CORRECT. See CPR 31.8(1) in the White Book 2016]
P a g e 4 | 33
