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Bar Training Courseand Bar Transfer Test
Examination 2021–22
CIVIL LITIGATION
MOCK September 2021
2.00pm – 4.30pm
, Civil Litigation September 2021 MOCK Paper 2
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, Civil Litigation September 2021 MOCK Paper 2
Civil Litigation
Multiple Choice Exam
Candidate instructions
1. This exam comprises 40 multiple choice questions (MCQs). Questions 6 to 40
are questions based on rolling case scenarios (RCSs). There are seven MCQs
for each RCS.
2. You have two hours and 30 minutes to complete this exam.
3. You MUST NOT remove the exam paper or the MCQ answer sheet from the
examination centre
4. Use boxes 1–40 on the MCQ answer sheet to record your answers.
5. This is an open book examination. You are allowed to use:
a copy of the White Book, which can be highlighted and annotated
sticky notes, which can be used to mark sections of the White Book
sticky notes with annotations and notes.
You are not allowed to use any additional loose material.
6. You must use a pencil to answer.
7. Each question requires ONLY ONE response. If you give more than one
answer per question, no mark will be given.
8. One mark is given for each correct answer.
9. 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.
10. If you do not answer a question, no mark will be given.
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
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, Civil Litigation September 2021 MOCK Paper 2
QUESTION 1
Catherine has brought a claim for damages for personal injury against Mangal Meze
Limited (“MM”), which operates a restaurant where she suffered an accident.
In paragraph 2 of her particulars of claim she set out the circumstances of the
accident, in which she slipped on water in a corridor while on her way to the toilet. In
paragraph 3, she alleged that the accident was caused by MM’s breach of its
statutory duty under the Occupiers’ Liability Act 1957 and set out particulars of the
breach in sub-paragraphs (a)–(e).
In its defence, MM did not admit the facts stated in paragraph 2 of the particulars of
claim. In response to paragraph 3, MM denied breach of statutory duty and stated
that on the doors leading to the toilets there were signs saying ‘Caution, cleaning in
progress’, that further signs had been put out stating ‘Caution, wet floor’ and that in
all the circumstances it took reasonable care to ensure Catherine’s safety and that of
the general public.
After filing and serving the defence, MM’s solicitors realised that they had failed to
deal with paragraph 3(d) of the particulars of claim, which alleged that MM ‘allowed
pools of water to gather dangerously in the corridor’. MM states that any water
present in the corridor was as a result of the cleaning process, of which adequate
warning had been given.
What is the best advice to give to MM’s solicitors as to the next step to take in order
to deal with the failure to respond to paragraph 3(d)?
[A] They should ask for Catherine’s written consent to amend their defence.
[B] They should make an application to the court to ask for permission to amend
their defence.
[C] They should make an application to amend, as, unless the defence is
amended, the allegation will be taken as admitted.
[D] The nature of their defence means the allegation shall be taken as denied
without the need to amend their defence.
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