MCQS PERSONAL INJURY AND CLINICAL
NEGLIGENCE LAW AND PRACTICE
PERSONAL INJURY AND CLINICAL NEGLIGENCE
(UNIVERSITY OF LAW)
Question 1
The following facts are relevant to Questions 1 and 2.
Christine was a front seat passenger in a car driven by Rose. Whilst stationary at a red
light, a van driven by Dennis and marked
"Superior Interiors" collided with the rear of the car, causing both ladies
whiplash. Dennis said he was unable to stop in time because when he pressed the brake
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pedal, nothing happened. Christine and Rose wish to claim compensation from Dennis.
Which ONE of the following statements is CORRECT?
A. You cannot act for both ladies because it is impossible to create a funding
agreement for more than one client in respect of the same accident.
B. You cannot act for both ladies because there is a risk of a conflict of
interest arising in the future.
C. You can act for both ladies because they are both adamant that Dennis was entirely
to blame and want to sue him only.
D. You can act for both ladies because the overriding objective would be fulfilled by
bringing one claim and saving court time and expense.
A is WRONG because there is no reason not to have two fee arrangements.
C is WRONG because even though both injured parties blame Dennis, he may
allege fault on the part of Rose. Christine might then start to consider suing Rose
as well as Dennis.
D is WRONG. Whilst the overriding objective requires parties not to waste costs,
it would not be appropriate for you to act for both parties. The case could still be
run as one claim, just with two separate claimants, instructing separate lawyers.
Question 2
Using the same facts as Question 1, which ONE of the following statements is
CORRECT in respect of who the claimants should pursue a claim against?
A. Dennis.
B. Superior Interiors, if Dennis was driving in the course of employment.
C. Dennis and Superior Interiors, if Dennis was driving in the course of
employment.
D. Whoever serviced Dennis's van.
A and B are WRONG in so far as it is sensible to investigate all likely defendants
straight away.
D is WRONG because it is for the defendants to join the mechanics as a third
party if they think they had any part to play in the accident.
Question 3
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Which ONE of the following does NOT have to be discussed at the first meeting with a
client?
A. Limitation and the date of the accident.
B. Funding the claim and the risk assessment.
C. The total quantum of damages.
D. The evidence available to the client.
A, B and D SHOULD be considered in order for you to act in
the best interests of your client and to comply with your obligations under the
SRA Code of Conduct.
Total quantum cannot be assessed without medical and possibly other expert
evidence. However, you must carry out a preliminary assessment of quantum to
ensure the benefits outweigh the costs.
Question 4
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You enter into a Damages Based Agreement with your client in order for her to fund her
case. Which ONE of the following is CORRECT if your client is successful?
A. The amount she will pay you is entirely based upon the number of hours you
have worked on the case.
B. The amount she will pay you is no more than you would bill a privately paid
client for the same work.
C. The amount she will pay you is calculated as a percentage of the special and
PSLA damages awarded or agreed by way of settlement.
D. The amount she will pay you cannot exceed 30% of the special and PSLA damages
awarded or agreed by way of settlement.
Regulation 4(2) of the DBA Regulations 2013 states that the only sums recovered
by the client from which the payment shall be met are those stated at C above.
A is incorrect as it defines a conditional fee agreement;
B is incorrect as your client will be liable to pay you an additional amount from
her damages;
D is incorrect because a DBA must not provide for a payment above 25% of the
special and PSLA damages awarded or agreed by way of settlement.
Question 5
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