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Bar Training Examination2020-21
CIVIL LITIGATION AND EVIDENCE
PAPER 1
MOCK 2020
BSB Full Marker
2.00pm – 4.00pm
, Civil Litigation September 2020 MOCK PAPER 1
THIS PAGE IS BLANK
Page 2 of 67
, Civil Litigation September 2020 MOCK PAPER 1
Civil Litigation and Evidence
Multiple Choice Exam
Composition of exam
1. This exam comprises 50 Multiple Choice Questions.
2. You will have two hours to complete the exam.
3. Use boxes 1– 50 on the MCQ answer sheet to record your answers.
Materials
1. You MUST NOT remove the exam paper or the MCQ answer sheet from the
examination centre.
2. You are NOT allowed to use any materials other than writing materials and an
eraser.
MCQ marking system
A. You should use a pencil to answer
B. Each question requires ONLY ONE response and for each correct response one
mark is given.
C. If you give more than one answer per question, no mark will be given.
D. If you do not answer a question, no mark will be given.
E. This exam is not negatively marked (marks will NOT be deducted for wrong
answers or no answer), therefore you are strongly advised to attempt ALL the
questions.
Note: The answer sheet is designed to be machine readable. If you make a mistake
you must rub out that answer. If your final answer choice is unclear this may
result in no marks being awarded for the question.
The exam starts on the next page
Page 3 of 67
, Civil Litigation September 2020 MOCK PAPER 1
QUESTION 1
SA15 INTERIM APPLICATIONS (MCQ)
Difficulty Rating: 3
Joseph seeks your advice in relation to a claim which he wishes to bring against
Ben, who lives in the adjoining property. Ben recently demolished the fence which
divides their rear gardens. Yesterday, Ben started to replace it with a taller one which
encroaches onto Joseph’s garden. Joseph has asked both Ben and the builders to
stop, however, they have ignored his request. The builders tell him that the work is
progressing, and they will complete the fence in the next three days. If Ben continues
to erect the fence in the same position, several of Joseph’s fruit trees will have to be
removed and his plants will be deprived of light. It is clear that Ben will not stop
unless a court order is obtained.
The exact position of the boundary is difficult to ascertain from the filed plans. Ben is
relying on a document from 1921 which suggests that the boundary is in line with the
fence he is currently erecting. However, this document is inconsistent with more
recent ones, which show the boundary to be in the position of the demolished fence.
Joseph wishes to make an application for an interim injunction to stop Ben
continuing to erect the fence.
What does Joseph need to give Ben notice of the application and does he need to
serve the supporting evidence?
[A] The application should be made without notice and as soon as possible but
Joseph should take steps to notify Ben informally of it and serve the
application notice and evidence in support.
[B] The application should be made on notice and the application notice and
evidence in support should be served on Ben at least seven days before the
Court is due to hear the application.
[C] The application should be made without notice and as soon as possible but
Joseph should take steps to notify Ben informally of it. He does not need to
serve the application notice or supporting evidence. [for IO must serve
application notice]
[D} The application should be made without notice and as soon as possible. In
the evidence supporting the application, Joseph does not need to put forward
matters relevant to Ben’s defence and need not mention the document from
1921.
Please continue to the next page
Page 4 of 67
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