11 and 12 FLK1

Question 1

Is RTA PI within the scope of legal aid?

Answer 1

No

Question 2

Who can make ECtHR complains?

Answer 2

State
Individuals/ companies/ non-govt org/ group of individuals

Question 3

In JR - if the courts find that a public body acted wrongly, what will the court do?

Answer 3

JR remedies are discretionary. Thus, the court is not obligated to grant any remedy even if finds that the public body acted wrongly.

Note: the court MUST refuse to grant a remedy if it appears to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred (bascially dont waste the courts time)

Question 4

What is a partnership?

Answer 4

Carry out a business, in common, with a view to profit

So eg you CANNOT have clients bill you independently and then share the office, marketing, staff etc expenses. In that case, you are just a sole practitioner simply sharing incidental expenses.

Question 5

Once MLRO makes a SAR to NCA, when is it okay for you to make a tipping off offence?

Answer 5

You (legal advisor) can disclose to your client that a SAR has been made if it is with the intent to dissuade them from engaging in criminal conduct

This must be done in a professional capacity when you are under formal retainer

Question 6

What should consideration be?

Answer 6

Sufficient (whatever you agreed and thus is capable of sustaining a contract)

It need not be adequate (ie market value)

Question 7

Disputes
What do you do if your claim is nearing the end of its limitation period but there is a PAP to be followed?

Answer 7

File the proceedings
Then propose to the other party that the court be requested to grant a stay to allow compliance w the protocol

Question 8

The contract contains a termination clause which is triggered by insolvency
Is this valid? Can the supplier rely on it?

Answer 8

No (to both)
the clause is ineffective
supplier are prohibited from ceasing supply of goods and/or services, unless:
- liquidator/ company/ court consents to the termination of the contract

Question 9

How are costs assessed on a standard basis?

Answer 9

Costs are awarded to the receiving party on a reasonable & proportionate basis

Doubts regarding reasonableness/ proportionality are resolved in the favour of the paying party

Question 10

How are costs assessed on an indemnity basis?

Answer 10

Costs are awarded to the receiving party on a reasonable (they don’t look into proportionality)

Doubts regarding reasonableness are resolved in the favour of the RECEIVING party

Usually awarded as a penalty for rejecting PT36 offer or misconduct

Question 11

Weekly audience duties of the King

Answer 11

Advice, warn, encourage the PM

Question 12

Should firms imply positive discrimination?

Answer 12

No

Question 13

Can age discrimination be justified?

Answer 13

Yes
If it achieves a legitimate aim, is proportionate and aligns with public interest objectives

Question 14

Is it mandatory for firms to have an equality and diversity policy?

Answer 14

No

Question 15

Actual authority

Answer 15

This authority can be express (clearly stated in written or spoken words) or implied (inferred from the conduct of the parties and circumstances).

Express authority is usually found in the company’s articles of association, board resolutions, or the director’s service agreement.

Implied authority may be inferred when a board of directors appoints a managing director, implying authorization to perform usual business activities.

Question 16

Apparent (ostensible authority)

Answer 16

A director has apparent authority to enter into a contract if the company represents or holds out to the third party that the director or employee has authority wider than their actual authority.

The third party relies on this representation, and their belief in the authority is genuine and reasonable.

There must be an act or knowing omission by the principal (company) creating this impression.

If the agent alone gives this false impression, the principal is not bound unless the agent acts in the presence of the principal and the principal fails to correct the third party’s belief.

Question 17

When should PSC Register be updated
When should CH be notified
Who has responsibility to ensure that PSC Register is up to date? What are the consequences?

Answer 17

In 14 days
In further 14 days
Company + individual. Company consequences = may be fine. Individual consequences = interest in the company could be frozen until register is up to date.

Question 18

Personal injury limitation

Answer 18

3 years

Question 19

Security of costs order standard of proof

Answer 19

Court must be satisfied that C will be unable to pay D’s costs + D is a resident outside E&W/ D changes their address to evade litigation

Question 20

Who to complain about bad legal services (all legal professionals)? Whats the max. comp?

What about conduct issues?

Answer 20

Legal Ombudsman
50K

SRA/ BSB

Question 21

If the employer is vicariously liable for the employee, can they claim indemnity from the employee?

Answer 21

Yes, for complete indemnity
Under the Civil Liability Contribution Act 1978

Question 22

What is interpretive obligation?

Answer 22

When a court (any court) can interpret domestic legislation as far as possible to comply with ECHR

Question 23

In a defence, if you (D) fail to address a claim that C made, how is it interpreted?

Answer 23

As though you admitted the allegations

Question 24

New shares
At what point do you have beneficial ownership? What about legal ownership?

Answer 24

beneficial ownership - once stock transfer form is executed by seller and buyer (not when HMRC stamps)

legal ownership - when SH is added to the Reg of Members (not when share cert. is issued)

Question 25

If a company is being liquidated and there is unpaid shares, what happens?

Answer 25

The liquidator and/or company calls upon SH to pay the outstanding value of their shares

Note: unpaid shares obligation from members is towards the company or its liquidator
Creditors cannot call for money from a company’s members

Question 26

What docs cannot be disclosed in proceedings?

Answer 26

Docs protected by:
- legal privilege (eg communication from client to solicitor)
- litigation privilege (eg communication from 3P ie instruction letter to an expert)
- docs marked “without prejudice as to save costs”
- any communication made in a genuine attempt to settle dispute (ie involves costs) even if not marked

Note: just marking a doc as “without prejudice” doesn’t make it non-disclosable
So, if it is just communication (without an attempt to settle) but marked, you can still disclose it

Question 27

1. Real time promotions
2. Non- real time promotions
3. Under the Financial Promotion restriction, what do you need to be able to invite potential clients to engage in an investment activity?

Answer 27

1. oral financial promotion made in meetings/ phone call/ personal meeting/ radio TV
2. written financial promotion via a system
3. If the firm is not authorised by FCA, then the communication needs to be approved by an ATP*

*N/A to incidental part of the services (that comes under the DBP exemption of Part XX FSMA)

Question 28

Standard of care of a beauty tech

Answer 28

Standard expected of a reasonably competent fellow professional