15 FLK1

Question 1

How can the parliament be dissolved?

Answer 1

1. PM must request the king to dissolve Parliament, and can do so at any time before the expiry of the current Parliament’s 5 year term

OR

2. Automatic Dissolution After Five Years: If Parliament is not dissolved earlier, it will automatically dissolve five years from its first meeting after a general election. This provision ensures that elections will still be held at least every five years even without early dissolution

Question 2

Disputes

What kind of costs can a successful party recover from the unsuccessful party?

Answer 2

successful party MAY (not must) recover all costs from unsuccessful party
“may” because court has discretion re costs awarded

Question 3

Construction cases - what kind of damages do you typically get?

Answer 3

1) cost of repair; or
2) diff in value and/or loss of amenity

Question 4

What kind of CDD - listed company but trading on unregulated market

Answer 4

simplified or standard CDD on a risk-based approach

Question 5

Contract

Economic duress elements

Answer 5

Did the person claiming to be coerced protest?
Did that person have any other available course of action?
Were they independently advised?
After entering into the contract, did they take steps to avoid it?

Note, there should also be:
1. Compulsion of the will - absence of choice
2. Illegitimacy of the pressure (unlawful/ lawful but pushing to a corner)*

*this cannot be ordinary commercial pressure

Economic duress makes a contract VOIDABLE (not void)
However, if you affirm if - then you have lost your right to rescind the contract

Question 6

In a partnership (3 partners) with a PA that requires consent of all partners to enter into a contract (and 3P knows this) - if P1 and P2 enter into a contract, what is the effect on P3?

Answer 6

P3 will not have any liability for the contract as P3 did not consent and 3P knew of the restriction

Question 7

A CF issued for service within the jurisdiction - when should it be served?

Answer 7

Must be served within 4m from the date of issue ie by midnight of the final day of service (re validity of the service - don’t look at when the doc will be “deemed” served).

Eg: if you send it by post on the last day of 4th month (before midnight) - it is validly served … doesn’t matter when they receive it

Question 8

Submission of tenders by X time - as long as you (supplier) submit by the requested time, is the contractor obligated to consider the tender?

Answer 8

Yes
The contract is contractually obligated to consider the tender, else the supplier can claim for breach of contract

Question 9

Pre Action Protocol - Personal Injury

1. When should D reply to LOC?
2. By when should D (or insurer) provide a full response (ie admit/ deny liability)?

Answer 9

1. within 21 days from C posting the LOC (the response should identify the insurer & mention omissions in LOC if any)
2. within 3m from the date of acknowledgement of LOC (ie (1) above). Thus, max. period for a full response is 3m + 21 days from C posting the LOC.

Question 10

If a client suffers a loss due to the firm’s lack of FCA approval, thus breaching FSMA - what is the remedy for the client?

Answer 10

Sue for damages

Nothing to do with any kind of Ombudsman.

Question 11

When giving a comfort letter/ reference letter, if there is an express disclaimer of responsibility from the statement maker but 3P relies on the letter anyway - will 3P succeed in its claim for reliance?

Answer 11

No - 3Ps claim will be defeated

Question 12

Facts
D - is funded by litigation funder
C - wins the claim
D - goes bankrupt

Can C claim costs from the litigation funder?

Answer 12

No
C can only claim from the litigation funder if the funder is an interested party to the claim
Further, if D is broke, funder wont be able to recover their investment from D either

But the court MAY (at its discretion) order that funder pay costs of the successful party (ie non-party costs) if funder is truly an interested party to the claim

Question 13

Partnership

Where should the partners names be displayed?

Answer 13

If less than 21 partners then:

all names on stationary + display details* of partnership should be at the place of business

*notice containing names + address of service

Question 14

3 elements needed to a tipping off offence to be committed

Answer 14

1. a disclosure has been made to MLRO/ NCA
2. you know/ suspect that informing client of any details will prejudice SAR
3. you got the disclosure info in the course of business in a regulated sector

Question 15

Company
What is the doctrine of reflective loss?

Answer 15

Anyone in the capacity of SH cannot bring a claim against D for any loss in the value of their shares (if they want to do this - try derivative action or an unfair prejudice claim).

Employees or creditors (who are also SH) may, in their capacity as employees/ creditors, bring a claim against directors for wrongdoing.

Question 16

If you pre-emptively arrest someone for breach of peace, under which legislation are you breaching the protesters’ rights?

Answer 16

ECHR - R 11 (freedom to protest) and R 10 (freedom of expression)

Not Public Order Act!!!!

Question 17

1. Disclosure Report
2. Directions Questionnaire
3. Case Management Form
4. Pre-Trial Checklist

Answer 17

1. Re evidence each party has and intends to disclose
2. Re details about the case, the issues involved, the witnesses who will be called, and the estimated length of the trial
3. Re details about the parties involved, the nature of the dispute
4. Doc indicating previous directions have been complied with + requesting a trial date

Question 18

How is a witness statement drafted

Answer 18

statement in numbered paras + contains all info relevant to the claim + sworn by a statement of truth

Question 19

CPA
Will a warning label on the product help you escape liability?

Answer 19

Yes - as long as it sufficiently warns customers of the risks of the product
Thus manuf wont be liable and product wont be “defective”

(don’t get tricked into picking the strict liability option in the answer)

Question 20

When will the court “imply” a term as a matter of fact?

Answer 20

To give effect to the presumed intentions of the parties

(courts WILL NOT imply a term just because it is “reasonable” or due to “reasonable expectations of the parties”)

Question 21

Facts
Fiancee witnessed the scene of accident (or identified dead spouse body immediately afterwards) + developed PTSD.

Can they recover damages for nervous shock?

Answer 21

No, cus fiancee. Only parents & spouses can recover.

Even siblings don’t have assumed ties of love and connection.

Question 22

Under CPA, how much must the damage be?

Answer 22

ABOVE 275
Just 275 wont be good enough to claim under CPA

Question 23

Tenant disputed between 1K and less than 25k
Which court and track?

Answer 23

Fast track county court

Question 24

How long should a solicitor wait before taking action on the client to recover costs?

What are the exceptions?

Answer 24

1m from the date on which the bill of costs is delivered

Can take action earlier if the client is going to leave E&W or go bankrupt

Question 25

COA is bound by SC under the doctrine of?

Answer 25

Stare decisis

Question 26

Give an example of an unreserved legal activity that is regulated

Answer 26

If you undertake any of the non-reserved legal work but you are a solicitor/ barrister (ie authorized person), then you are regulated by that body
Eg solicitor - SRA, barrister - BSB

Question 27

For a possession claim, can you start a proceeding without following the pre-action protocol?

Answer 27

Yes
But you risk being subject to a sanction

Question 28

When there is a change to member details of an LLP (ie appointment or termination of member)

Answer 28

Update register and inform CH within 14 days of the change

Question 29

If a receptionist in a clinic provides incorrect info about wait time, have they breached their DOC?

Answer 29

Yes
They have a duty not to provide misleading info

Question 30

Disputes
Can discussions between the experts be referred to at trial?

Answer 30

Only if all parties agree

Question 31

Company - allotment of shares
By when should they be registered in the company’s register of members?

Answer 31

As soon as practicable
Latest by 2 months from the date of allotment

Question 32

In nuisance, what is the test for remoteness?

Answer 32

Whether the kind of damage was reasonably foreseeable by D at the time of the breach of duty

Question 33

Once a DOI is made, how does the DOI affect legislation?

Answer 33

Legislation is not affected by the DOI
Legislation will continue to be valid and enforceable
Neither is it binding on the parties

All a DOI does is - confirms that convention rights have been breached and provides govt with the power to use a special procedure to amend conflicting legislation quickly