Case and Matter Analysis

Question 1

What is the total assessment time for CMA?

Answer 1

60 minutes

Question 2

In what subjects can CMA be assessed?

Answer 2

1. Business
2. Property or Probate
3. DR or CL

Question 3

What 3 skils are assessed in CMA?

Answer 3

1. Identify relevant facts
2. Client focused advice
3. Clear, precise, concise and acceptable language

Question 4

Is legal content graded in CMA?

Answer 4

Yes

Question 5

What is the first thing you should do for a CMA, before reading the instructions

Answer 5

Ascertain the issues that the client wants you to advise on, and make these the headers of your report

Question 6

What could come up in a CMA which involves options and stratergies?

Answer 6

Negotiation

Question 7

What is a professional conduct issue that may arise when advising partners on contribution of capital for greater control?

Answer 7

That there may be conflicting interests between the partners, in which case you cannot act for all parties

Question 8

What is another PC issue that may arise when a business has been formed?

Answer 8

Whether you can still act for the new company/LLP/partnership if you have already acted for an individual client

Question 9

If you’re asked to advise an investor whether it’s better for an investor to invest shares (equity) or lend money (debt) what 4 issues should you consider?

Answer 9

1. Returns
2. Capital growth
3. Income growth
4. Realisation of investment

Question 10

Often a best solution for both parties in an equity or debt scenario is to…

Answer 10

Use both

Question 11

If problems with directors’ interests means a resolution can’t be passed cannot be avoided, what is the best solution?

Answer 11

The board should ask the shareholders to pass an ordinary resolution suspending the conflict of interests rule.

Question 12

Can a shareholder who has an interest in a decision usually still count in the quorum and vote as a shareholder on that decision?

Answer 12

Yes

Question 13

What is the one element that underpins DR and should be considered for every CMA?

Answer 13

the overriding objective

Question 14

What are 2 ways in which the overriding objective should always be considered in a CMA?

Answer 14

1. Promote settlement
2. Minimising costs

Question 15

What is good practice to do when addressing legal content in a CMA?

Answer 15

Explicitly refer to the legal content by using a phrase which includes ‘law/legal’ or similar.

E.g. “The Civil Procedure Rules (CPR) contains the relevant procedural law governing disclosure and inspection of documents”.