FLK1 Dispute Resolution: SQE practice questions
4 questions with five options and full explanations.
Practise this subject in the test bank →- Question 31
In a civil trial, a dispute arises regarding the quality of construction work performed by a contractor on a commercial building. The plaintiff, a property management company, alleges that the defendant contractor’s workmanship was substandard, resulting in structural issues and safety concerns. As part of their case, the plaintiff intends to call an expert witness, Dr. Smith, who has a Ph.D. in civil engineering with extensive experience in building construction and structural analysis. However, the defendant objects to Dr. Smith’s qualifications, arguing that although Dr. Smith is knowledgeable in civil engineering, their expertise does not specifically relate to commercial building construction. Which legal principle governs the admissibility of expert testimony in this scenario?
- Question 34
Alice and Bob are involved in a civil dispute over a breach of contract regarding the sale of a rare antique vase. Despite attempts at negotiation and mediation, they have been unable to reach a settlement. As a result, Alice decides to file a claim against Bob in the civil court to seek monetary compensation for the breach. What is the primary function of the civil court in resolving disputes like the one between Alice and Bob?
- Question 42
John is a small business owner who has recently received a claim form from Sarah, a former customer, alleging breach of contract and seeking compensation for losses. John, unfamiliar with the civil procedure process, did not respond to the claim form in time. As a result, Sarah obtained a default judgment against him. John now wishes to contest the default judgment, arguing that he never received proper notice of the claim due to an address error. Which of the following steps must John take to successfully apply to set aside the default judgment under the Civil Procedure Rules (CPR)?
- Question 43
ABC Ltd is involved in a commercial dispute with XYZ Ltd over a breach of contract. ABC Ltd has filed a claim using the Part 7 procedure under the Civil Procedure Rules. After filing the claim, both parties are required to complete and exchange allocation questionnaires. The case has been allocated to the multi-track, and the court has issued directions for managing the case towards trial. However, XYZ Ltd fails to comply with one of the court’s directions, which requires them to disclose certain documents by a specified deadline. ABC Ltd wants to ensure that the case proceeds without further delays and seeks guidance on how to address XYZ Ltd’s non-compliance. What procedural step can ABC Ltd take under the Civil Procedure Rules to address XYZ Ltd’s failure to comply with the court’s directions?