Dennis, the Claimant, serves a notice on the Defendant, Alison, requiring her to admit the fact that the parties entered into an oral contract. Which of the following is the correct advice to give Alison about the implications of responding to this notice?

Mary and Claire are alleged to have taken part in an offence at Pat’s home. Pat is elderly and Mary and Claire were employed as carers in her home. They worked there between 10am and 4pm each day. Prosecution evidence indicates that around 11pm on 14 January this year, both women went to Pat’s home. It is alleged that Mary stayed in her car outside the property keeping watch while Claire entered using the key she had as a carer. Claire then stole silver and antiques from the property. It is alleged that Claire left the property and placed the stolen items in Mary’s car prior to Mary driving both women away. What is the most appropriate form for the indictment(s)? There should be

You prosecute Gabriel, who is accused of witness intimidation. The allegation is that he threw a brick through Tim’s window, which Gabriel denies, saying it was not him. You are asked to advise on the evidence against Gabriel. Tim is a witness in a case against Pete, who is a friend of Gabriel. There is CCTV evidence showing someone of the same height and build as Gabriel throwing the brick, and this person can be seen wearing a jacket with a distinctive pattern similar to one found by the police at Gabriel’s home. There is phone evidence which shows that Gabriel was in the area of Tim’s address at the time, despite not living or working near there. What is the correct position with regards to the admissibility of the evidence of the jacket and the phone?

Pooja has obtained a judgment against Rahul for £30,000.  Rahul has not paid the money due to Pooja.  Rahul is employed as a senior manager at a car showroom and earns £6,500 net per month. He drives a company car which is valued at £35,000. He solely owns a house worth £175,000 on which there is an outstanding mortgage of £165,000. He also has a joint bank account with his wife, Rashida, which is in credit at £35,000. Rashida works as a senior manager at a local hospital and earns £6,000 net per month. Rahul has no other assets and the couple have no children. What is the best method of enforcement for Pooja to use to obtain payment of the judgment debt?         A charging order over Rahul’s house.         An attachment of earnings order.        A third-party debt order.        A writ of control against the car.

You represent Tony (aged 43) who is being prosecuted for sexual offences. Tony has entered a not guilty plea. He has one previous conviction for shoplifting when he was 18, but otherwise has no previous convictions or cautions. Tony says that he wants the jury to know about his conviction so that they can see that he has never committed any offences similar to the current charges. What is the correct procedure by which you should seek to have Tony’s previous conviction put before the jury?

Your client, the Claimant, was involved in a dispute for which there was a three-day trial held in public. The Claimant wishes to use documents which the Defendant referred to in Court during the course of those proceedings in another, related, claim, (“the second claim”), in which the documents would not otherwise be subject to disclosure. The Court has not given permission for the documents to be used in the second claim. You are asked to advise whether the Claimant will be able to use the documents in the second claim. What is the correct advice, and why?         No, because a party to whom documents have been disclosed may only use the documents for the purpose of the proceedings in which they are disclosed.         No, because the Court has not given permission for the documents to be used in the second claim.        Yes, because the documents have been referred to at a hearing which was held in public.        Yes, because the documents have already been disclosed and therefore privilege has been waived.  

The Defendant is unsuccessful at trial. After giving judgment, the Circuit Judge refuses the Defendant’s application for permission to appeal. Unless the court orders otherwise, what is the next step in the proceedings if the Defendant persists with the application for permission to appeal?         There will be an oral hearing for permission to appeal before the appeal court.         The application for permission to appeal and the appeal itself will be heard together in the same hearing.        The appeal court will remit the application for permission to appeal to the lower Court for reconsideration at a hearing.        The appeal court will determine the application for permission to appeal on paper without an oral hearing.

Megan, the Claimant, is represented by a firm of solicitors. She has brought a claim for breach of contract against two Defendants, James, who is unrepresented, and Martin, who is represented. The claim has been provisionally allocated to the Multi-Track and the stated value in the claim form is £45,000.  Unless the court orders otherwise, which of the following statements about cost budgets is correct?

PC Ltd is a firm of accountants which provided advice and services to Nadiya in respect of her personal income tax liability. It charged Nadiya a fee of £1,500 for this work. Nadiya disputed the amount of the fee and also asked for time to pay. In an attempt to settle the matter, PC Ltd and Nadiya exchanged a number of letters (“the Correspondence”). Eventually, they agreed that Nadiya would pay £1,000 by ten equal monthly instalments of £100 commencing on 1 June 2021. The outstanding balance would become due, and payable immediately, in the event of a failure to pay any instalment. This agreement was recorded in the Correspondence, although none of the letters was expressed to be written on a ‘without prejudice’ basis. Nadiya failed to pay the first instalment, saying that, on reflection, she felt that £1,000 was still an excessive amount to pay for the services provided. What is the correct advice to give PC Ltd as to whether the Correspondence is admissible in evidence?       It is admissible in evidence if there is an issue as to whether the negotiations resulted in an agreed settlement of the dispute.       It is not admissible because it represents communications genuinely aimed at settlement during the course of negotiations.       It is admissible as the Correspondence was not expressly stated to be made on a ‘without prejudice’ basis.       It is admissible because, although made during negotiations, the ‘without prejudice’ protection has been lost because Nadiya has reneged on the agreement.

You are acting on behalf of the Appellant, Mary, who is appealing the decision made by District Judge White on the grounds that it was wrong.  Mary wishes to introduce fresh evidence at the appeal which was not considered by District Judge White.  This evidence only came to light when, having read a report of the case in the newspaper, a new witness came forward immediately after the trial. If accepted, the evidence would be decisive on a key issue but there is some doubt as to the witness’ credibility. Which of the following correctly states whether this fresh evidence may be introduced? The appeal court         may not receive either oral or written evidence which was not before the lower court.         may receive the evidence on the grounds that it could not have been obtained with reasonable diligence for use at the trial.        will receive the evidence on the grounds that its inclusion will be decisive.        will not receive the evidence on the grounds that the credibility of the witness is in doubt and the requirement is that it is incontrovertible.