BPTC/BTC Civil Litigation MCQ [HIGH DISTINCTION] - Interim Applications (Summary Judgment and Strike Out )MCQs

MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional


Question 1

Zahar made out a cheque for £ 10,000 in favour of Ron in respect
of building work carried out by Ron on Zahar’s house. On
presentation, the cheque was dishonoured and so Ron issued a
claim against Zahar, claiming £10,000 due on the cheque. Zahar
filed a defence of set-off and a counterclaim for £6,000 on the
ground that Ron’s building work was defective. Ron has applied
for summary judgment for payment of the cheque.
In these circumstances, which ONE of the following is the likely
order to be made when the application for summary judgment is
heard by the court?

[A] Judgment on the claim.
[B] Dismissal of the application.

[C] Judgment for the claimant in the sum of £4,000; dismissal of the
application in respect of £6,000.

[D] Judgment for the claimant in the sum of £4,000, with judgment for
the defendant on the counterclaim in the sum of £6,000.




[[A] is CORRECT. Ron will obtain judgment on the claim because the cheque
rule applies. See the White Book 2016 at the editorial note at 24.2.7]




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, Question 2

Which ONE of the following statements is WRONG in respect of an
application for summary judgment?


[A] The court can give summary judgment on a claim for specific
performance.
[B] On a claim for summary judgment, the court can make a
conditional order for payment of money into court.

[C] The respondent must file and serve their witness statements at
least 7 days before a summary judgment hearing.
[D] The applicant must file and serve their witness statements in reply
to the respondent’s witness statements at least 7 days before the
summary judgment hearing.




[[D] is WRONG, and is therefore the CORRECT answer. The correct period
for an APPLICANT to file and serve their witness statement is at least 3 days
before the summary judgment hearing. See CPR Rule 24.5(2) in White Book]




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, Question 3

A defendant applies for summary judgment against the claimant in
the High Court.

Which ONE of the following statements is the CORRECT test for
the Master to apply in deciding whether or not to grant summary
judgment?


[A] The claimant will not succeed on the claim and there is no other
compelling reason why the case should be disposed of at trial.
[B] The claimant has no real prospect of succeeding on the claim.

[C] The claimant has no prospect of succeeding on the claim and
there is no other reason why the case should be disposed of at
trial.

[D] The claimant has no real prospect of succeeding on the claim and
there is
no other compelling reason why the case should be disposed of at
trial.




[[D] is CORRECT. See CPR Rule 24.2 in White Book 2016]




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, Question 4

Freya wishes to apply for summary judgment against Lucy. Which
ONE of the following statements sets out the CORRECT time
period for serving the application on Lucy?


[A] At least 14 days before the hearing.
[B] At least 3 days before the hearing.

[C] At least 21 days before the hearing.

[D] At least 7 days before the hearing.




[A] is CORRECT. The respondent must be given at least 14 days’ notice of the
date fixed for the hearing. See CPR Rule 24.4(3) in White Book 2016]




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