SQE1 Dispute Resolution practice questions

Dispute resolution is assessed in FLK1. It follows a civil claim from the first letter to enforcement: limitation, pre-action conduct, starting and serving proceedings, statements of case, case management, evidence, costs, trial and appeals, along with the choice between litigation and other ways of resolving disputes. The Civil Procedure Rules are the core source, with the Limitation Act 1980 and the Arbitration Act 1996. Questions often turn on a time limit or the next procedural step, so read the scenario's dates closely. Every question below links to the source behind its answer.

Rules to remember

A claim form served in England and Wales must have the relevant step (e.g. posting) completed before midnight on the calendar day four months after issue. Question 02

A County Court money judgment enforced against goods must be enforced in the High Court if £5,000 or more is sought, and in the County Court if under £600 (HCCCJO 1991, art 8). Question L127

An appeal from a circuit judge in the County Court lies to a High Court judge and needs permission, given only for a real prospect of success or another compelling reason. Question L126

Where a claimant matches or beats its own Part 36 offer, the additional amount is 10% of the sum awarded up to £500,000 (5% above that), capped at £75,000 (CPR 36.17(4)(d)). Question L125

In court, circuit judges are addressed as 'Your Honour', High Court judges as 'My Lord/My Lady', and district judges as 'Judge'. Question L124

A witness summons is generally binding if served at least 7 days before the required attendance, with travelling expenses and compensation for loss of time offered or paid at service (CPR 34.5, 34.7). Question L123

Unless the court permits or the other party agrees, written questions to an expert may be put once only, within 28 days of service of the report, for clarification only (CPR 35.6). Question L122

Failure to give hearsay notice does not make the evidence inadmissible but may affect case management, costs and the weight given to it (CEA 1995, s 2(4)). Question L121

Litigation privilege protects communications with third parties only if litigation was in progress or reasonably contemplated and the communication's sole or dominant purpose was conducting that adversarial litigation. Question L120

Pre-action disclosure requires both parties to be likely parties, the documents to be within standard disclosure, and early disclosure to be desirable for fair disposal, settlement or saving costs (CPR 31.16(3)). Question L119

Unless the court orders otherwise, a party that fails to file a required costs budget is treated as having filed a budget comprising only the applicable court fees (CPR 3.14). Question L118

An interim payment may be ordered if a CPR 25.23 condition, such as an admission of liability, is met, but must not exceed a reasonable proportion of the likely final judgment. Question L117

An interim injunction requires a serious question to be tried, then consideration of the adequacy of damages for each party and the balance of convenience, normally with a cross-undertaking in damages. Question L116

After service, a statement of case may be amended only with the written consent of all other parties or the court's permission (CPR 17.1(2)). Question L115

Subject to CPR 16.5(3) and (4), a defendant who fails to deal with an allegation in the particulars of claim is taken to admit it (CPR 16.5(5)). Question L114

Unless the court orders otherwise, a discontinuing claimant pays the defendant's costs incurred up to service of the notice of discontinuance (CPR 38.6(1)). Question L113

Default judgment for want of a defence is wrongly entered if a defence, even a late one, had been filed by the date judgment was entered, and must then be set aside (CPR 12.3(2), 13.2). Question L112

A defendant disputing jurisdiction must file an acknowledgment of service and apply within 14 days after filing it, or be treated as accepting jurisdiction (CPR 11(4)-(5)). Question L111

A document other than a claim form sent by email on a business day after 4.30 pm is deemed served on the next business day (CPR 6.26). Question L110

The intermediate track is the normal track for claims over £25,000 and up to £100,000 with a trial of no more than three days, up to two experts per party, and limited parties (CPR 26.9(7)). Question L109

A money claim may only be started in the High Court if its value is more than £100,000 (£50,000 or more for personal injury). Question L108

Under Rome II art 4(2), where the tortfeasor and victim share a habitual residence when the damage occurs, that country's law applies instead of the law of the place of damage. Question L107

Where a personal injury claimant is under 18 when the cause of action accrues, the claim may be brought within three years of the claimant's 18th birthday (LA 1980, ss 11, 28(1) and (6), 38(2)). Question L106

An action founded on simple contract must be brought within six years from accrual of the cause of action, which is the date of breach. Question L105

For pre-action non-compliance the court may order costs (including indemnity costs) and adjust interest; a defaulting defendant may pay enhanced interest of up to 10% above base rate. Question L104

The court may order parties to engage in ADR (CPR 3.1(2)(o)); failing to comply, or unreasonably failing to engage, is conduct relevant to costs under CPR 44.2(5)(e). Question L103

A party sued in breach of an arbitration agreement may, after acknowledging service but before any step to answer the substantive claim, apply for a stay, which the court must grant unless the agreement is defective. Question L102

Once an acknowledgment of service is filed, the defence is due 28 days after service of the particulars of claim, and default judgment is available only if that period expires with no defence filed. Question 16

If a claimant fails to beat a defendant's Part 36 offer by any amount, the court must, unless unjust, award the defendant its costs from expiry of the relevant period plus interest on those costs. Question 30

A claimant may apply for summary judgment once the defendant files an acknowledgment of service or defence; it is given against a party with no real prospect of success and no other compelling reason for trial. Question 44