BLP Flashcards

1
Q

What information is the firm required to provide to new clients in writing at the time of engagement?
A.The client’s right to complain about your services and your charges; how a complaint can be made and to whom; and any right they have to complain to the Legal Ombudsman and when they can make any such complaint.
B.The client’s right to complain about your services and your charges; how the firm will charge for the work; and as their matter progresses, the likely overall cost of the matter and any costs incurred.
C.Who will be carrying out the work for the client; how the firm will charge for the work; and any right they have to complain to the Legal Ombudsman and when they can make such a complaint.
D.Who will be carrying out the work for the client and the supervising partner; the overall costs of the matter and any costs incurred; and how a complaint can be made and to whom.
E.That complaints will be dealt with properly, fairly and free of charge; the services provided by the firm are regulated by an approved regulator; and whether any work done for the client will be carried out by an authorised person.

A

Answer: A
The wording echoes the code of conduct for solicitors. Look at the wording: what is ‘required’?
CCS 8:
8.3 - what is required to include in writing
8.7 - you have to let your client how much the matter is likely to cost, but not required to be written
It’s recommended to go to the SRA link to the CCS (onedrive folder) and print it out
SQE like to ask about the CCS

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2
Q

Four individuals are in partnership together. They have not entered into a written partnership agreement. The partnership has made profits of £100,000. The partners have also disposed of a piece of machinery with a gain of £40,000. The partnership has made a tax return of its profits, and three of the four partners have submitted tax returns and have paid the requisite tax. The fourth partner has failed to account to HMRC for their share.
Who is liable to HMRC for the unpaid tax?
[A] All the partners are jointly liable for accounting to HMRC for income tax and capital gains tax.
[B] The partnership, although not a distinct legal entity, is still liable to pay tax and HMRC can, therefore, recover, any shortfall from the partnership itself.
[C] All the partners are jointly liable in respect of income tax and the partnership is liable in respect of capital gains tax.
[D] The fourth partner is liable to pay the unpaid income tax and capital gains tax as a partner is only liable for the tax payable on their share of the partnership profits.
[E] The fourth partner is liable to pay the unpaid income tax and the partnership is liable to pay the capital gains tax as a partner is required to pay income tax and a partnership is required to pay capital gains tax.

A

[D] The fourth partner is liable to pay the unpaid income tax and capital gains tax as a partner is only liable for the tax payable on their share of the partnership profits.

Partners in a partnership are liable to pay both income tax and capital gains tax. Each partner is personally liable for the income tax on their share of the partnership profits and capital gains tax in respect of any capital gains.

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