Dispute Resolution — SQE1 practice questions
Civil litigation under the Civil Procedure Rules: pre-action conduct, limitation, issuing and serving proceedings, statements of case, interim applications, disclosure, evidence, Part 36, costs, trial, enforcement and ADR.
3 free questions with answers
On 2 January 2019 Fenwick Logistics Ltd signed a written contract (not a deed) with Corvan Systems Ltd for the supply and installation of a warehouse management system. Corvan delivered and installed the system on 14 March 2020, but it never worked to the contractual specification. Fenwick only realised in late 2021 that the faults were caused by defective design rather than teething problems. Fenwick now wishes to sue Corvan for breach of contract and consults a solicitor on 1 February 2026.
Which of the following best describes the limitation position for Fenwick's claim in contract?
- AThe limitation period expired on 2 January 2025, six years after the contract was signed.
- BThe limitation period will expire on 14 March 2026, six years after the defective system was delivered and installed.
- CThe limitation period will expire on 14 March 2032, twelve years after the defective system was delivered and installed.
- DThe limitation period runs for six years from late 2021, when Fenwick discovered the cause of the faults.
- EThe limitation period runs for three years from late 2021, the date on which Fenwick had the knowledge required to bring a claim.
Show answer and reasoning
Rule: A claim in simple contract must be brought within six years of breach, regardless of when the claimant discovers the breach or its consequences.
- A Time runs from breach, not from the date the contract was made, and no breach had occurred on signature. (wrong rule)
- C The twelve-year period in s 8 applies only to actions on a specialty such as a deed, and this contract was not a deed. (right rule, wrong facts)
- D In contract time is not postponed until discovery unless there is fraud, concealment or mistake under s 32, none of which is suggested. (wrong rule)
- E The s 14A latent damage extension applies to actions in negligence, not to claims for breach of contract. (wrong rule)
Source: Limitation Act 1980, ss 5, 8, 14A and 32; Iron Trade Mutual Insurance Co Ltd v J K Buckenham Ltd [1990] 1 All ER 808
Priya was born on 5 June 2008. On 1 August 2019 she was knocked off her bicycle by a car driven negligently by Owen and suffered a fractured leg. Her parents never brought a claim on her behalf. Priya, who has full mental capacity, instructs a solicitor in October 2026 and wishes to claim damages for her injuries from Owen.
Which of the following best describes the time within which Priya must issue proceedings?
- AHer claim became time-barred on 1 August 2022, three years after the accident, unless the court exercises its discretion to disapply the time limit.
- BShe has six years from the date of the accident, as the claim is founded on tort.
- CShe has three years from the date on which she first instructed a solicitor, as that is when she acquired the relevant knowledge.
- DShe has three years from her eighteenth birthday, so proceedings must be issued by her twenty-first birthday in June 2029.
- EShe has six years from her eighteenth birthday, because a minor's claim is not subject to the personal injury time limit.
Show answer and reasoning
Rule: For a child claimant in personal injury, the three-year limitation period does not begin to run until the child reaches eighteen.
- A Time does not run against a minor, so the claim did not become time-barred three years after the accident and s 33 is not needed. (wrong rule)
- B Personal injury claims in negligence are subject to the three-year period in s 11, not the general six-year tort period in s 2. (wrong rule)
- C Date of knowledge depends on knowledge of the injury, its attribution to the defendant and his identity, not on when a solicitor is instructed. (wrong rule)
- E Section 28 postpones the start of the ordinary three-year personal injury period; it does not substitute a six-year period. (wrong rule)
Source: Limitation Act 1980, ss 11, 28 and 38(2)
Bricklane Supplies Ltd, a builders' merchant, supplied materials on credit to Martin, who trades as a sole trader plumber. Martin has not paid three invoices totalling £8,400, despite several informal reminders by telephone. Martin has not raised any complaint about the goods. Bricklane's credit controller asks its solicitor what must be done before a claim can properly be issued against Martin.
Which of the following best describes what Bricklane should do before issuing proceedings?
- ASend Martin a Letter of Claim complying with the Pre-Action Protocol for Debt Claims, enclosing the information sheet and reply form, and allow him 30 days to respond.
- BSend Martin a letter under the Practice Direction on Pre-action Conduct and allow him 14 days to respond, as no specific protocol applies to unpaid invoices.
- COffer to mediate, because a claimant may not issue proceedings until mediation has been attempted and has failed.
- DNothing, because pre-action requirements do not apply where the debt is undisputed.
- EServe a statutory demand on Martin, because a statutory demand must precede any court claim to recover a debt from an individual.
Show answer and reasoning
Rule: Where a business claims a debt from an individual or sole trader, it must send a Letter of Claim under the Pre-Action Protocol for Debt Claims and allow 30 days for a reply before issuing.
- B The general Practice Direction applies only where no specific protocol applies, and the Debt Claims protocol covers a business claiming from a sole trader. (right rule, wrong facts)
- C ADR must be considered and the court may order it, but there is no rule that mediation must be attempted before a claim is issued. (wrong rule)
- D Pre-action conduct obligations apply to debt claims whether or not the debt is disputed. (wrong rule)
- E A statutory demand is a step towards bankruptcy, not a prerequisite to an ordinary money claim. (wrong rule)
Source: Pre-Action Protocol for Debt Claims; Practice Direction – Pre-Action Conduct and Protocols
Subtopics
| Appeals | 2 questions |
| Case management, tracks and sanctions | 3 questions |
| Commencing proceedings and service | 4 questions |
| Disclosure, privilege and evidence | 3 questions |
| Interim applications and remedies | 3 questions |
| Part 36 offers and costs | 3 questions |
| Pre-action conduct and limitation | 3 questions |
| Responding to a claim and default judgment | 4 questions |