MULTIPLE CHOICE QUESTIONS
ANSWERS
Question 1
Camilla sues Davinder for damages for breach of contract. At the
end of the fast track trial, the judge gives judgment in favour of
Camilla.
Which ONE of the following is CORRECT?
[A] As the loser, Davinder will automatically be ordered to pay Camilla’s
costs on the standard basis, to be assessed by summary or detailed
assessment.
[B] As the loser, Davinder will automatically be ordered to pay Camilla’s
costs on the indemnity basis, to be assessed by summary or
detailed assessment.
[C] The general rule is that Davinder will be ordered to pay Camilla’s
costs, but this is a matter of discretion for the court. The general rule
is that the costs will be assessed by summary assessment.
[D] The general rule is that Davinder will pay Camilla’s costs, but this is
a matter of discretion for the court. The general rule is that costs will
be assessed by detailed assessment.
[C] [This is CORRECT. See CPR r.44 (2) (1) and (2) and PD44 Section
9.2 (a) in respect of the fast track in the White Book 2016]
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,Question 2
Stella was knocked down by Anish whilst crossing the road at night.
Stella brought a claim for damages against Anish and the judge
found him to be 50% responsible for the accident.
Which ONE of the following statements is WRONG?
[A] If Anish is ordered to pay costs on the standard basis, any doubts
as to whether Stella’s costs were reasonably incurred will be
resolved in favour of Stella.
[B] Stella’s conduct in the proceedings is a relevant factor in the
court’s decision on costs.
[C] The fact that Stella was only 50% successful is a relevant factor in
the court’s decision on costs.
[D] In deciding what order to make on costs, the court must have regard
to any admissible offer to settle made by Anish, even if it was not
made in accordance with Part 36.
[A] [This answer is WRONG and is therefore the CORRECT
answer. See CPR r.44.3 (2) (b) in the White Book 2016. On the
standard basis any doubt is resolved in favour of the paying
party i.e. Anish on these facts is the paying party NOT Stella].
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,Question 3
Which ONE of the following is the CORRECT description of a
‘Bullock’ order?
[A] That the unsuccessful defendant pays the successful defendant’s
costs direct to the successful defendant.
[B] That the claimant pays the costs of the successful defendant and
recovers these costs from the unsuccessful defendant in addition to
the claimant's costs in respect of the claim against the unsuccessful
defendant.
[C] That the claimant pays the costs of the successful defendant but
recovers the costs of their claim against the unsuccessful defendant
from the unsuccessful defendant.
[D] That the claimant pays the costs of both defendants but recovers
their own costs from the unsuccessful defendant.
[C] [This is CORRECT. See White Book 2016 at paragraph 44.2.8 and Bullock
v London General Omnibus Company [1907] 1KB 264. See also Sime Manual
19th edition at 46.18 to 46.20]
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, Question 4
Which of the following statements is CORRECT in relation to the
exercise of the court’s discretion on costs?
[A] If a party is successful overall but unsuccessful on a particular issue
a party can be deprived of their costs on that issue or only be
awarded a proportion of their costs.
[B] If the court makes a costs order it must award interest on costs.
[C] The court can only award costs on the indemnity basis where a
Part 36 offer has been rejected.
[D] The court must require a party who is ordered to pay costs which
will be assessed at a detailed assessment to pay a reasonable sum
on account of costs.
[A] [This is the CORRECT answer see CPR 44.2(2)(b), 44.2(4) and 44.2(6)(a)
and (f) in the White Book 2016].
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ANSWERS
Question 1
Camilla sues Davinder for damages for breach of contract. At the
end of the fast track trial, the judge gives judgment in favour of
Camilla.
Which ONE of the following is CORRECT?
[A] As the loser, Davinder will automatically be ordered to pay Camilla’s
costs on the standard basis, to be assessed by summary or detailed
assessment.
[B] As the loser, Davinder will automatically be ordered to pay Camilla’s
costs on the indemnity basis, to be assessed by summary or
detailed assessment.
[C] The general rule is that Davinder will be ordered to pay Camilla’s
costs, but this is a matter of discretion for the court. The general rule
is that the costs will be assessed by summary assessment.
[D] The general rule is that Davinder will pay Camilla’s costs, but this is
a matter of discretion for the court. The general rule is that costs will
be assessed by detailed assessment.
[C] [This is CORRECT. See CPR r.44 (2) (1) and (2) and PD44 Section
9.2 (a) in respect of the fast track in the White Book 2016]
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,Question 2
Stella was knocked down by Anish whilst crossing the road at night.
Stella brought a claim for damages against Anish and the judge
found him to be 50% responsible for the accident.
Which ONE of the following statements is WRONG?
[A] If Anish is ordered to pay costs on the standard basis, any doubts
as to whether Stella’s costs were reasonably incurred will be
resolved in favour of Stella.
[B] Stella’s conduct in the proceedings is a relevant factor in the
court’s decision on costs.
[C] The fact that Stella was only 50% successful is a relevant factor in
the court’s decision on costs.
[D] In deciding what order to make on costs, the court must have regard
to any admissible offer to settle made by Anish, even if it was not
made in accordance with Part 36.
[A] [This answer is WRONG and is therefore the CORRECT
answer. See CPR r.44.3 (2) (b) in the White Book 2016. On the
standard basis any doubt is resolved in favour of the paying
party i.e. Anish on these facts is the paying party NOT Stella].
P a g e 2 | 33
,Question 3
Which ONE of the following is the CORRECT description of a
‘Bullock’ order?
[A] That the unsuccessful defendant pays the successful defendant’s
costs direct to the successful defendant.
[B] That the claimant pays the costs of the successful defendant and
recovers these costs from the unsuccessful defendant in addition to
the claimant's costs in respect of the claim against the unsuccessful
defendant.
[C] That the claimant pays the costs of the successful defendant but
recovers the costs of their claim against the unsuccessful defendant
from the unsuccessful defendant.
[D] That the claimant pays the costs of both defendants but recovers
their own costs from the unsuccessful defendant.
[C] [This is CORRECT. See White Book 2016 at paragraph 44.2.8 and Bullock
v London General Omnibus Company [1907] 1KB 264. See also Sime Manual
19th edition at 46.18 to 46.20]
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, Question 4
Which of the following statements is CORRECT in relation to the
exercise of the court’s discretion on costs?
[A] If a party is successful overall but unsuccessful on a particular issue
a party can be deprived of their costs on that issue or only be
awarded a proportion of their costs.
[B] If the court makes a costs order it must award interest on costs.
[C] The court can only award costs on the indemnity basis where a
Part 36 offer has been rejected.
[D] The court must require a party who is ordered to pay costs which
will be assessed at a detailed assessment to pay a reasonable sum
on account of costs.
[A] [This is the CORRECT answer see CPR 44.2(2)(b), 44.2(4) and 44.2(6)(a)
and (f) in the White Book 2016].
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