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Bar Training Courseand Bar Transfer Test
Examination 2021–22
Civil Litigation
BSB Full Marker
MOCK Paper September 2021
2.00pm – 4.00pm
, Civil Litigation September 2021 MOCK Paper 1
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Page 2 of 76
,Civil Litigation
Multiple Choice Exam
Candidate instructions
1. This exam comprises 50 multiple choice questions (MCQs).
2. You 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 76
, QUESTION 1
SA20 – Expert evidence
Jessica has brought a claim in the County Court against Beatrice for personal
injuries in the sum of £270,000 caused when Beatrice assaulted her. Jessica claims
that, as a result, she suffered a serious head injury.
The claim has been allocated to the multi-track. Permission has been given for the
parties to obtain a report from a single joint expert, a neurologist, to provide an
opinion on Jessica’s head injury. The report was received by both parties 14 days
ago. Beatrice was unhappy with the expert’s conclusion and raised written questions
of the expert. Despite receiving an answer to those questions, Beatrice remains
dissatisfied with the expert’s findings for a number of reasons. Beatrice asks your
advice about the likely approach of the Court if she applies for permission to instruct
her own expert, particularly given the value of the claim.
Which of the following statements is correct as to the Court’s likely approach?
[A] As a single joint expert was used to provide the first report and has answered
questions about her conclusions, the Court will not give permission for a
second report as the single joint expert could be cross-examined at trial.
[B] The Court is likely to give Beatrice permission to obtain further expert
evidence if her reasons are not fanciful.
[C] The Court may not give permission to obtain further expert evidence as
Beatrice agreed originally to the appointment of a single joint expert.
[D] The Court will disregard the value of the claim when deciding whether to give
permission for further expert evidence and will not give permission for a
second report.
Answer:
[B] The court is likely to give Beatrice permission to obtain further expert
evidence if her reasons are not fanciful.
Commentary at 35.7.4 of the White Book 2021.
[A] is wrong. The commentary at 35.7.4 of the White Book 2021 states that
questions to an expert may clear up the disagreement of the party – but does
not state that as a result, permission could not be granted to instruct a second
expert
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Page 4 of 76
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