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dispute resolution questions
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1. Which ONE of the following statements about evidence from a witness of fact in a witness statement is WRONG?
A. Where a witness of fact gives oral evidence at trial their witness statement will stand as their evidence-in-chief unless the court orders otherwise.
B. A witness of fact can never express any opinion as part of their admissible evidence at a trial.
C. The court can give directions limiting the length or format of witness statements.
D. If a witness statement for use at trial is not served in respect of an intended witness within the time specified by the court in its case management directions, then the witness may not be called to give oral evidence unless the court gives permission.
1. Which ONE of the following statements about evidence from a witness of fact in a witness statemen...
B. A witness of fact can never express any opinion as part of their admissible evidence at a trial.
DRAFTING AND SERVICE OF STATEMENTS OF CASE ARE THE FOLLOWING 3 CORRECT?
B. When drafting a client's Defence it is permissible to "neither admit nor deny" disputed facts of which the client has no knowledge.
C. The Defendant in proceedings is served with a Claim Form, issued at court on Friday 26 August and sent to the Defendant by first class post on Monday 29 August.
Subsequently, at 12 noon on Friday 2 September, Particulars of Claim and a response pack are personally served on the Defendant.
On Thursday 15 September the Defendant files an Acknowledgment of Service indicating that the claim is contested.
If the Defendant subsequently fails to file a Defence, the earliest date on which the Claimant will, in reality, be able to enter judgment in default of Defence is Monday 3 October.
D. A claim for damages of £98,000 that is a highly technical case involving a considerable amount of expert evidence should always be commenced in the High Court.
E. Where a claim is based on a written contract a copy of the contract or documents constituting the contract should be attached to or served with the Particulars of Claim and the original(s) should be available at the hearing.
DRAFTING AND SERVICE OF STATEMENTS OF CASE ARE THE FOLLOWING 3 CORRECT?
B. When drafting a client'...
FALSE
B, C AND E ARE CORRECT.
D IS FALSE
ARE THE FOLLOWING FALSE?
A. The statement of truth for a Defence and Counterclaim must always read as follows: "I believe that the facts stated in this Defence and Counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."
B. Where a Counterclaim is included on the same document as a Defence, following on beneath it, paragraph numbering should re-start at “1” at the beginning of the Counterclaim
C. Where a Counterclaim is included on the same document as a Defence, if the Defence is to a specified claim then the Counterclaim will be specified as well; and if the Defence is to an unspecified claim then the Counterclaim will be unspecified too.
ARE THE FOLLOWING FALSE?
A. The statement of truth for a Defence and Counterclaim must always read ...
YES, ALL 3 ARE FALSE
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