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Civil Litigation Question Bank
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Civil Litigation Question Bank
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25 Questions

1. The general rule in relation to expenses is:

2. A family action is commenced by way of an initial writ in form...

3. Which is the most accurate statement of the law, 'a consumer may bring proceedings in':

4. An ordinary cause is proceeding to Proof. The Defender has lodged a Minute of Tender in process. The sum craved by the Pursuer is £50,000. The sum tendered is £30,000. The case proceeds to proof and following conclusion of the same the Sheriff finds in favour of the Pursuer. He awards the Pursuer £29,500. What answer most accurately describes the position in relation to the expenses the Pursuer is entitled to:

5. You act for the Defender in an ordinary cause. The case is proceeding to Proof. You have been told by your client that documents essential to his position are in the hands of the pursuer's Architect. What documents do you lodge with the court to attempt to recover from the Architect:

6. A chapter 36 action in the sheriff court is commenced by way of Form...

7. Decree de plano means...

8. You act for the Pursuer in an ordinary cause. The Defender has defended the action. You consider the defences which have been lodged, to have no real prospect of success. What advise do you give to your client?

9. A person is domiciled in the UK if (i) the person is resident in the UK and (ii) the nature and circumstances indicate that he has a substantial connection with the UK. A substantial connection is presumed to be what?

10. whats appeallable to the sheriff appeal court without leave

11. You raise an action in the sheriff court for your client. The case proceeds to proof and your client insists on the instruction of counsel. What advice do you give to your client regarding the recovery of counsel's fees?

12. The process folder includes

13. The voluntary pre action protocol must be used in personal injury actions where the value of the claim is less than...

14. A contracts with B Ltd. A resides in Inverness. B Ltd has its registered office in Edinburgh. A fails to pay the sum due in terms of the contract. Based on these facts only where may the action at the instance of B be raised?

15. [A] raises an action against [B] at Dunoon Sheriff court. Can the action proceed as a commercial action?

16. Which Chapter of the 1994 Rules governs Commercial actions?

17. Rule 9.2A is the rule which relates to?

18. Under ordinary cause standard procedure, an options hearing shall take place not sooner than 10 weeks after the expiry of the period of notice. A procedural hearing shall take place not sooner than:

19. The first division of the Inner House of the Court of Session is chaired by?

20. A copy of all productions intended to be used at an ordinary cause Proof must be lodged in process for use by the Sheriff:

21. Defences in an ordinary cause action require to be lodged...

22. The initial period of adjustment in the Court of Session is?

23. The sheriff court has a privative jurisdiction in relation to claims with a value of up to a total of [how much?], exclusive of interest and expenses.

24. A resides in Glasgow. He was involved in a RTA in Airdrie. A car being driven by B, residing in Paisley, ran into the rear of his vehicle. A decides to raise a court action against B at Paisley sheriff court. On what basis does A found jurisdiction?

25. The Pursuer (A) resides in Edinburgh. He was involved in a road traffic accident in Cumbernauld. He sustained personal injuries. (A) claims the Defender (B) was responsible for the accident. (B) resides in Aberdeen. (A) wants to raise proceedings against (B). In which sheriff courts can the proceedings be raised?