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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? [A]        There will be an oral hearing for permission to appeal before the appeal court. [B]        The application for permission to appeal and the appeal itself will be heard together in the same hearing. [C]       The appeal court will remit the application for permission to appeal to the lower Court for reconsideration at a hearing. [D]       The appeal court will determine the application for permission to appeal on paper without an oral hearing.

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? [A]       It is admissible in evidence if there is an issue as to whether the negotiations resulted in an agreed settlement of the dispute. [B]       It is not admissible because it represents communications genuinely aimed at settlement during the course of negotiations. [C]       It is admissible as the Correspondence was not expressly stated to be made on a ‘without prejudice’ basis. [D]       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 [A]        may not receive either oral or written evidence which was not before the lower court. [B]        may receive the evidence on the grounds that it could not have been obtained with reasonable diligence for use at the trial. [C]       will receive the evidence on the grounds that its inclusion will be decisive. [D]       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.  

Andrei, the owner of a football club, brought proceedings against Abbas, a freelance investigative journalist, for libel in relation to an article Abbas published on his website. In the article Abbas made serious allegations against Andrei including that Andrei had been involved in a number of criminal acts whilst managing the football club; had assaulted Jada, the club’s senior physiotherapist, and had bribed two individuals to prevent them giving evidence at a trial in favour of a coach who had brought a claim against Andrei for bullying and harassment. Abbas failed to acknowledge service of the proceedings because he was abroad investigating another story. When he returned home, he found that a judgment had been entered against him two months previously. Abbas immediately applied to set aside the judgment based on the fact that the statements made in the article were true and that he can produce evidence, including taped interviews with Jada and several other individuals, which support this. What is the correct advice to give Abbas regarding the likely outcome of his application, and why? [A]        It is likely to be granted; Abbas has acted promptly, he has a real prospect of successfully defending the claim, and there is some other good reason why he should be allowed to defend the claim given the seriousness of the libel allegation which should have a public hearing. [B]        It is likely to be dismissed; there has been a marked failure to make the application promptly and the court regards this of paramount importance even in cases where a defence is likely to succeed at trial. [C]       It is likely to be dismissed; Abbas has not acted promptly and as the application to set aside judgment is treated as an application for relief from a sanction, he is unlikely to show he is entitled to have relief in all the circumstances. [D]       It is likely to be granted; although the court is unlikely to find that there is some other good reason why he should be allowed to defend the claim, Abbas has acted promptly and his defence has a real prospect of success.

Ashok brings a claim against Zebedee Hotels Ltd for personal injury sustained while staying in Zebedee’s hotel in Brighton. Ashok lives in the United States. He has instructed solicitors in London to deal with his claim which is valued at approximately £11,000. Liability and quantum are both in dispute. Significant cross-examination of Ashok is likely to be required as there are some issues of credibility. Ashok has been advised that he has about a 66% chance of succeeding at trial. Ashok is reluctant to travel to the UK just to attend the trial. He is worried about the expenses he will incur. The cost of the flight is likely to be £2,500 return. He will also need to take time off work and stay in a hotel. The parties have been sent Directions Questionnaires to complete. What is the best advice to give Ashok in relation as to how he should give evidence? [A]        Ashok should seek a direction permitting him to give evidence by live video link from the United States. [B]        Ashok should seek a direction for his evidence to be given by deposition. [C]       Ashok should attend Court and give evidence. [D]       Ashok should seek a direction for his evidence to be given by way of a pre-recorded cross-examination so that he does not have to incur the expense of attending Court personally.

Rubric Design (“Rubric”) host a fashion show (‘the show’) every year for which they sell tickets. All rights relating to the issue and sale of the tickets and the profits arising from their sale belong to Rubric. Each ticket issued contains a clause that provides that any holder of a ticket who sells it on for a profit is liable to pay that profit to Rubric. Rubric issue 2,000 tickets for sale for this year’s show. One of the operators whom Rubric used to sell the tickets is a company called Stealth Events (“Stealth”). The show was a huge success but, after it concluded, Rubric discover that an individual who bought 500 tickets from Stealth went on to sell the tickets for ten times the original value. Rubric ask Stealth to disclose the identity of this individual. Stealth refuses to do so.                      What type of application should Rubric make against Stealth to obtain this information? An application for [A]        an order for disclosure against a non-party. [B]        an order for pre-action disclosure. [C]       an order for specific disclosure. [D]       a Norwich Pharmacal order.

Michael (aged 24) and Duane (aged 14) are jointly charged with burglary of a local shop. It is alleged that they entered the shop at night and stole cigarettes and alcohol to a value of £1000. Duane has no previous convictions. At the first hearing in the magistrates’ court, Duane indicates a plea of not guilty and Michael pleads guilty. Which is the most appropriate decision for the magistrates to make about the venue for Duane’s trial?

Giselle wants to bring a claim against Lorcan in respect of injuries caused in a road traffic accident. Her lawyers consider it to be a straightforward negligence claim and estimate that damages for lost earnings will be £24,000 and damages for personal injuries will be in the region of £32,000. A further £15,000 in damages will be claimed for other losses, such as the damage to Giselle’s vehicle. Lorcan has indicated in pre-action correspondence that he will defend the claim and counterclaim for his own losses arising out of the accident valued at £51,000, including £15,000 of personal injury damages. Can Giselle’s claim form be issued in the High Court? [A]        Yes; she can issue her claim form in the High Court because her total claim is worth more than £50,000 and includes damages for personal injuries. [B]        No; she cannot issue her claim form in the High Court because the total value of her claim is less than £100,000. [C]       No; she cannot issue her claim form in the High Court because she is claiming less than £50,000 worth of damages for personal injuries. [D]       Yes; she can issue her claim form in the High Court because the combined value of both her claim and the likely counterclaim is over £100,000.

Brereton College Ltd wants to bring an action for the recovery of a debt against Jacqui. Jacqui has failed to pay her tuition fees for a Diploma in Hairdressing which she undertook at the College last year. The value of the debt is £2,450. The College are also seeking to recover a laptop that was lent to Jacqui during her studies and intend to include a claim for the delivery of the laptop when they issue proceedings. A letter before claim was sent to Jacqui two months ago but she has failed to respond to it. What is the correct advice to give Brereton College about where to issue the claim form? [A]       The claim must be issued in the County Court closest to Jacqui’s home address. [B]       The claim must be issued in the County Court closest to Brereton College’s registered business address. [C]       The claim can be issued at any County Court hearing centre unless an enactment, rule or practice direction requires it to be issued elsewhere. [D]       The claim can only be issued in the County Court Business and Property Court.

You represent Lucy who is charged with burglary. At the first hearing, Lucy pleads not guilty and elects summary trial. A trial date is fixed for two months’ time. The prosecution have given notice that they intend to adduce evidence of Lucy’s three previous convictions for theft pursuant to s.101(1)(d) CJA 2003. You object to the convictions being adduced. What is the most appropriate way for this issue to be resolved?