SQE1 sample questions

Question 33

A man engaged an estate agent to sell his property. The terms of their agreement were contained in a written document. The agreement provided for payment of commission to the estate agent on completion of a sale, provided that the estate agent introduced the purchaser.

The sale of the property completed and a dispute arose as to whether the estate agent had introduced the purchaser. The estate agent brought proceedings against the man for payment of the commission alleged due under the written agreement. The proceedings were successful at trial, resulting in an award of damages to the estate agent of £12,000.

What, if any, order for costs might be expected in the circumstances of this case?

A. No order for costs because the claim arose from a consumer contract within the meaning of the Consumer Rights Act 2015.

B. An order in favour of the estate agent confined to reimbursement of court fees paid because the claim is a small claim.

C. No order for costs because the claim is a small claim.

D. An order in favour of the estate agent for fixed recoverable costs only.

E. An order in favour of the estate agent for costs on the standard basis, summarily assessed at the conclusion of trial.