Case management - Mini-scenario 2

1:Alice Walnut is suing Liliane Bettenthrop for a breach of the Fair Trading Act 1999. Liliane is interested to know about how much she would have to pay if she loses. Can the court order Alice to provide a memorandum responding to this query?
A)

No, such an order is ultra vires

Incorrect

 

B)

Yes, so long as Liliane makes an application

Incorrect

 

C)

Yes, this order can be made on a judicial officer’s own motion

Incorrect

 

D)

Yes, this order can be made on application or on a judicial officer’s own motion

Correct

 

2:Liliane does in fact make an application for a memorandum from Alice. The request is made when the trial is 80% complete. Should the court order Alice to prepare the memorandum?
A)

Yes, because when requested such a memorandum must be ordered under s50(1)

Incorrect

 

B)

Yes, because such a memorandum can be made at any time in a civil proceeding: s50(3)

Incorrect

 

C)

No, because an estimation of the cost of a trial is not likely to be very helpful or relevant when the trial is almost complete

Correct

  

D)

No, because an estimate of the length of the trial should be, by this stage, clear.

Incorrect

 

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