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SQE > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

What must be met for a defendant to obtain a representation order?

A

Means and Merits Tests

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2
Q

What is the means test for criminal representation orders?

A

Automatic if under 18, on UC, pensions etc, or if income is under £12,475 (adjusted income)

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3
Q

What is the merits test for criminal representation orders?

A

Interests of justice test. Automatic if under 18 or trial in CC.

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4
Q

What is s28 PACE?

A

Suspect must be informed of reason for arrest at the scene.

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5
Q

What is s30 (1)(a) PACE?

A

Suspect should be taken to the police station as soon as reasonable

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6
Q

When does the custody clock start?

A

From arrival at the station, or, if they originally attended voluntarily, the time of their arrest

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7
Q

When must detention reviews be carried out?

A

6 hours after the suspect’s detention was authorised. Every 9 hours after that.

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8
Q

How can authorise an increase to 24hr detention and for how long?

A

A superintendent can increase detention up to 36 hours.
Anything past that requires magistrate approval up to 96 hours total.

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9
Q

When is an increase to detention allowable?

A

On reasonable grounds to preserve evidence, or obtain evidence.
The offence must be indictable.
The process must be continuing diligently without undue delay.

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10
Q

Who must authorise the taking of intimate samples?

A

Rank inspector or higher

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11
Q

When may personal effects be seized by the police?

A

Reasonable grounds of believing they are evidence or that the suspect may use them to harm themselves, others, property or use it to escape.

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12
Q

Who can deny legal advice to a suspect at the police station and why?

A

Superintendent or higher. If would cause unreasonable delay.
Must be an indictable offence.

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13
Q

How long can legal advice be denied for at a police station?

A

36 hours max

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14
Q

When can the right to inform someone of arrest be delayed and who by?

A

Indictable offence. Must be authorised by inspector or higher.
Concerns of informing someone, affecting evidence, etc.

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15
Q

How long can the right to inform someone of arrest be denied for?

A

Max 36 hours

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16
Q

What should be done if A suspect refuses legal advice, and who need to to authorise this?

A

Inspector or higher. Must be in writing and speak to the suspect. Inspector must think it is appropriate to continue without legal aid.

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17
Q

What happens if there is not sufficient evidence of the suspect’s involvement?

A

Suspect should be released immediately unless
Custody officer has reasonable grounds for believing that detention is necessary for the preservation of evidence or to obtain evidence by questioning.

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18
Q

Who can remove a solicitor or appropriate adult from a suspect interview?

A

Superintendent.
An inspector can but only if the superintendent is not available.

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19
Q

What should a custody officer not do on the suspect’s arrival at the station?

A

Put any questions about their involvement in the crime to the suspect.

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20
Q

How often should a suspect be given a break at interview?

A

Every 2 hours.

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21
Q

When can confession evidence be excluded?

A

If it would have such adverse effect on the fairness of proceedings that the court ought not to admit it.

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22
Q

Who should an ID officer be?

A

Rank inspector! In uniform and not involved in investigation.

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23
Q

When does an id procedure not need to be held?

A

If suspect’s story is not contradictory to eyewitnesses and it is not disputed that the suspect is known to the eyewitness.

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24
Q

How many people need to be in a parade line up?

A
  1. 12 if more than 2 suspects.
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25
Q

How many videos need to be used in a video ID?

A

8

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26
Q

How many photos to be used in a photo ID?

A

12

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27
Q

If the suspect is under the age of 14, who must consent to an ID procedure?

A

Parent or guardian.

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28
Q

Are co defendants competent and compellable for the prosecution?

A

No, unless jointly charged and tried separately or at a earlier hearing and pleaded guilty.

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29
Q

Are co defendants competent and compellable for the defence?

A

Competent, but not compellable.

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30
Q

Is the defendant’s spouse competent or compellable for the prosecution?

A

Competent but not compellable unless the offence involved them as a victim, children or sexual offences.

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31
Q

Is the defendant’s spouse competent and compellable for the defence?

A

Yes

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32
Q

What is the custody time limit before trial for an either way offence at the magistrate court?

A

70 days

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33
Q

What is the custody time limit for a summary offence at the magistrates court?

A

56 days

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34
Q

When must the prosecution apply before the hearing to extend the defendant’s remand?

A

At least 2 days before the hearing

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35
Q

If bail is refused when and who must a notice of appeal be served to?

A

Serve on CPS 24 hours before the hearing.

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36
Q

When does a presumption of bail not apply?

A

Defendants committed to the crown court for sentence.
Defendants appealing their conviction or sentence.
Murder, attempted murder, rape, attempted rape, man slaughter, serious sexual offences etc.

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37
Q

When can the prosecution appeal the grant of bail?

A

If the offence is imprisonable, and CPS indicated that they would appeal at the hearing and confirmed this within 2 hours of the hearing in writing.

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38
Q

When will an appeal on bail by the prosecution be heard by the courts? (Timing)

A

Within 48 hours of application as the defendant will be on remand in custody in this time.

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39
Q

If a suspect fails to surrender to court whilst on bail, who decides whether to charge for an offence of failure to surrender?

A

CPS, unless the defendant was granted bail by a request to the court. In this event, the court will decide.

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40
Q

When can police arrest someone on bail?

A

If the officer reasonably believes that the defendant is not likely to surrender to court, and that they have broken or likely to break the conditions of bail.

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41
Q

How long does a police officer have to bring someone arrested on bail before the magistrates?

A

24 hours

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42
Q

How long can someone be remanded in custody before conviction?

A

8 days at a time. Maximum 28 days.

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43
Q

How many custodial remands must a defendant have before they are brought before the court to discuss remand?

A

Every 4th remand.

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44
Q

How long can a person be kept in police custody for whilst on remand, if the purpose is to investigate other offences?

A

3 days

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45
Q

After conviction how long can someone be In custody for before sentencing?

A

3 successive weeks

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46
Q

What are the periods for bail after conviction but before sentence?

A

4 weeks.

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47
Q

How long does counsel have to prep for a criminal trial without expert evidence? And with expert evidence?

A

8 weeks.
14 weeks

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48
Q

If the defendant has a representation order, what must they obtain permission for?

A

Expert instruction

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49
Q

What must an expert report include?

A

Addressed to court, signed, dated, statement of truth, copy served, and no objection within 7 days of service.

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50
Q

What is the form of a statement of truth?

A

I understand that proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in a Document verified by a statement of truth without an honest be,if in its truth. I be,I’ve that the facts stated in this document are true.

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51
Q

When must a preliminary hearing take place (timing) (criminal)?

A

Within 10 business days of the magistrates sending it to the crown court.

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52
Q

When might a preliminary hearing be required (crim)?

A

There are case management issues, defendant is under 18, the trial will be 4 or more weeks, an early trial is preferable, guilty plea may be entered and do away with need for trial.

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53
Q

When is the PTPH (crim) to be held?

A

Within 20 business days of being sent to trial (if no preliminary hearing)

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54
Q

When must a draft indictment be served by the prosecution before the PTPH?

A

7 days before hearing

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55
Q

When must a defence statement be served (PTPH, crim) (timing)?

A

Magistrates court: 10 business days of initial disclosure by CPS. optional
CC: 20 business days of initial CPS disclosure. Mandatory.

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56
Q

When must the prosecution serve their initial disclosure by?

A

Summary: as soon as practicable and no later than first day of the first hearing.
E-W: 3 days before hearing
Indictable: as soon as practicable

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57
Q

What is the crown court means test?

A

£37,500

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58
Q

When can specific disclosure be ordered of the prosecution?

A

After service of the Defence Statement.

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59
Q

What does a defence statement set out?

A

Facts and law, alibis and witnesses, defences, any factual issues

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60
Q

When can a summary offence be trialled at the crown court?

A

If linked to an E-W offence, and is either:
Common assault, taking a conveyance without consent, driving whilst disqualified or criminal damage.

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61
Q

When can other offences be sent to the crown court if the first offence is indictable only?

A

If a summary offence, must be punishable with imprisonment or disqualification from driving.

Must appear to be linked.

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62
Q

Must witness statements and expert reports be served on CPS?

A

Witness statements, no. Expert reports, yes.

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63
Q

What if there are multiple defendants and one requests a crown court hearing for an either way offence?

A

All defendants sent to crown court

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64
Q

When will the court summon a witness? (Crim, MC)

A

If satisfied the witness can give material evidence and it is in the interests of justice.

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65
Q

When must witness names, DOB and addresses be served on CPS?

A

Within 28 days of disclosure.

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66
Q

When is a witness not sworn in?

A

If under 14 or severely impaired.

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67
Q

How many jurors are there?

A

12

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68
Q

When must a jury verdict be unanimous (no exceptions)?

A

If there are only 9 jurors.

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69
Q

When must a written admission of agreed facts be submitted (crim)?

A

Within 14 days of allocation

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70
Q

How long does CPS have to serve representations on the defence statement?

A

14 days from service

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71
Q

When must witness statements be served (crim, timing)?

A

14 days before trial

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72
Q

How long does CPS have to object to witness statements?

A

7 days from service

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73
Q

How long is there to request special measures in court (crim)?

A

28 days from allocation

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74
Q

How long does CpS have to object to special measures in court?

A

14 days from service.

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75
Q

When must a notice to cross examine be served by?

A

Within 7 days.

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76
Q

What are the four grounds for admitting hearsay?

A
  1. All parties agree to admit it
  2. Statute - Any admissions not in dispute because the person who made them is unavailable - this cannot be multiple hearsay and the witness is identified to the court’s satisfaction.
    Business documents - can be multiple hearsay. Evidence of inconsistent statements. Evidence of supplementary oral testimony. No objection within 7 days by other party.
  3. Rule of Law: Res Gestae or is a confession
  4. In the interests of justice and the court is satisfied to this.
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77
Q

When do the Turnbull Guidelines not apply?

A

When the defendant admits involvement due to self defence.

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78
Q

When must a Part 20 notice to introduce hearsay be served? (Timing)

A

Prosecution: 20 business days after a NG plea if in magistrates.
10 business days if CC.

Defence: as soon as reasonably practicable

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79
Q

When can a part 20 hearsay notice be submitted?

A

If the witness is unavailable, interests of justice, multiple hearsay, s117 business documents statement.

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80
Q

How long is there to object to a Part 20 hearsay notice?

A

Within 14 days of the first notice but as soon as reasonably practicable.

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81
Q

When can hearsay of a co accused be submitted?

A

If it implicates the defendant.
If the co accused pleaded guilty.
Any pre trial confessions.

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82
Q

When can a witness’s credibility be attacked? (Crim)

A

Important explanatory evidence; substantial probation value; agreement between parties.

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83
Q

What are the 7gateways for allowing character evidence regarding the defendant?

A
  1. All parties agree
  2. The defendant adduces it themselves
  3. Important explanatory evidence
  4. Relevant issue between defence and prosecution e.g propensity
  5. Probative value e.g. defendant attacks co defendant’s character
  6. To correct a false impression given by defendant
  7. Defendant attacked another’s character

4 and 7 cannot be admitted if it would have adverse effect on fairness of proceedings.

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84
Q

What is the time limit for applying to court to exclude character evidence?

A

10 business days after service of notice.

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85
Q

When must a notice be served on the court and parties to adduce character evidence? (Timing)

A

MC: 20 business days after Ng plea
CC: 10 business days

Co defendant: 10 business days after prosecution discloses material of interest, and as soon as reasonably practicable

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86
Q

What is the maximum sentence the magistrates can impose?

A

12 months

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87
Q

What reductions of sentence can defendants get and when?

A

1/3 for pleading guilty on first hearing.
1/4 for subsequent hearings
1/10 for first day of trial

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88
Q

When can suspended sentences be given?

A

If the sentence is between 14 days and 2 years (cc). (12 months if mc)

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89
Q

What suspended sentences can be given?

A

6 months-2years

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90
Q

What is the maximum fine for breaching a suspended sentence?

A

£2.5k

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91
Q

How much unpaid work can be given as a sentence?

A

40-300 hours, within 12 months

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92
Q

How long can an exclusion requirement be?

A

2 years

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93
Q

How long can supervision be for an offence?

A

3 years

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94
Q

Who can be made to go to an Attendance Centre and for how long?

A

Offenders under the age of 25. For 12-36 hours.

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95
Q

If there is an appeal by way of case stated and it skips the crown court, what division will the appeal be heard in?

A

KBD high court

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96
Q

How long does the defendant have to appeal from MC to CC?

A

15 business days from conviction. Notice must be served on the court and cps.

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97
Q

Crown court appeals should be brought to which court? (Crim)

A

Court of appeal criminal division.

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98
Q

When can a defendant appeal to the COA after a crown court sentence?

A

If there is an error of law or the conviction is unsafe.

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99
Q

How long does the defendant have to apply for a right to appeal from the crown court against a crown court decision?

A

28 days

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100
Q

When can a conviction be appealed against (cc)?

A

Unsafe

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101
Q

When can a sentence be appealed against (cc)?

A

Wrong in law, principle, approach or manifestly excessive. Or disparity with co defendant.

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102
Q

If the court of appeal resentences a defendant after an appeal what is the maximum they can give?

A

Maximum of crown court powers.

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103
Q

What are children (Crim)?

A

Ages 10-13

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104
Q

What are youths? (Crim)

A

14-17 years old

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105
Q

If a youth turns 18 after their first appearance in court, can the youth court retain jurisdiction?

A

Yes

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106
Q

What is a persistent young offender?

A

Sentenced on 3 separate occasions for 1+ recordable (imprisonable) offence

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107
Q

If a youth commits homicide where must the trial be held?

A

Crown court

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108
Q

What court must a firearms offence of a youth aged 16+ be held in?

A

Crown court

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109
Q

When must violent or sexual offences by youths be sent to the crown court?

A

If they are a dangerous offender

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110
Q

What is a grave crime?

A

An offender of 21+ years may receive a 14+ year custodial sentence. (Murder, robbery, rape etc)

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111
Q

When may the youth court accept jurisdiction for a grave crime?

A

If their sentencing power of 24 month detention is sufficient.

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112
Q

When can the courts decide that parents may not attend?

A

Ages 16-17 offenders

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113
Q

If a juvenile is tried with an adult, when may the case be sent to the crown court?

A

If it is in the interests of justice

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114
Q

Can a juvenile be tried with an adult in the MC?

A

Yes, but the sentence will be sent back to youth courts, unless the magistrates are giving a fine or discharge.

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115
Q

What age of juvenile change remanded into custody?

A

Ages 17

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116
Q

What ages of juvenile cannot be remanded into youth detention centres?

A

Ages 10-11.

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117
Q

What ages if juvenile can be remanded into a youth detention centre and when?

A

12-17, with legal representation and violent or sexual offence, or history of absconding or offending on bail. Interests of public or prevent further imprisonable offences.

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118
Q

When must a referral order be made in the youth court?

A

If a juvenile pleads guilty to an imprisonable offence and they have never been convicted before.

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119
Q

What is a referral order?

A

3-12 month rehab programme

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120
Q

When should a community resolution be given to a juvenile?

A

First time offender

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121
Q

When should a youth caution be given to a juvenile?

A

Sufficient evidence of crime, admitted, not in public interest to charge

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122
Q

When should a youth conditional caution be given?

A

Realistic prospect of conviction, admitted

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123
Q

What age must a juvenile be for an adult have to be present for a youth caution?

A

Under 17

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124
Q

What age must a juvenile be for an adult to be present for a youth conditional caution?

A

Under 16

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125
Q

How long can a youth community order be?

A

3 years

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126
Q

When can a detention or training order be given by the youth court?

A

15-17, or if 12-14 must be a persistent young offender.
Pre sentence report must have addressed detention as a possibility.
Must be so serious that a community order is not sufficient

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127
Q

How long can detention or training orders given by the youth court be?

A

4,6,8,10,12,18 or 24 months

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128
Q

How long is youth rehab?

A

16 weeks for summary offence. 16 to 20 for indictable.

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129
Q

What is low value theft?

A

Under £200 - summary offence

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130
Q

When is criminal damage a summary offence?

A

If the damage caused is under £5k (unless caused by fire)

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131
Q

When is arson aggravated (mens rea)?

A

Subjective - danger to life apparent to defendant

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132
Q

When can an accomplice withdraw from a crime without offence?

A

Words alone if this is before embarking on the crime. Communication may not be enough if physical assistance has been given

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133
Q

What is burglary with intent?

A

Enter as a trespasser to burgle. Don’t actually have to take anything

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134
Q

What is indirect intent for murder?

A

Death was a virtual certainty

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135
Q

Does a conditional statement constitute as apprehension of force?

A

No

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136
Q

Can defendants be liable for omissions in criminal offences?

A

Only if they have a positive duty to exercise control over third parties

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137
Q

What does abetting require?

A

Meeting of minds

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138
Q

After how long can the judge direct a jury to agree a majority verdict?

A

2 hours

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139
Q

How long must a jury debate for before returning with a majority verdict after the judge’s direction for majority?

A

2 hours 10 minutes

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140
Q

What is a CON29M search?

A

Coal and minerals

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141
Q

What is a SIM search?

A

Index map mines etc search

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142
Q

For unregistered land, when running searches who must you run searches against?

A

Pre Root owners and PRs of any deceased estates

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143
Q

When must you register a legal charge by?

A

Within 21 days of the OS1

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144
Q

How do you discharge a mortgage on unregistered land?

A

Vacating receipt

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145
Q

When were ENDs discontinued?

A

2010

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146
Q

What must be submitted to discharge a mortgage?

A

DS1

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147
Q

What does a form DS3 do?

A

Discharge part of the land from a charge

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148
Q

What is a CON29 search?

A

Building regs, consents, certifications, road repair, contamination

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149
Q

What is a CON290 Search?

A

Optional searches. Number 22 is a common land search

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150
Q

What is a CON29DW search?

A

Drainage and water

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151
Q

What is an LLC1 SEarch?

A

Local search

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152
Q

Who do you run a company search against?

A

Seller companies

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153
Q

When do you run a bankruptcy search?

A

Against buyer with mortgage for the lender

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154
Q

If a lease states that works can be carried out with consent, when is it implied that consent cannot be unreasonably withheld?

A

If the works are improvements

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155
Q

When can you not act for both a lender and buyer?

A

If the risk of conflict is high - mortgage not standard or approved certificate of title is not used

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156
Q

What is form TA06?

A

Residential pre contract enquiries

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157
Q

When must SDLT be paid and on what form?

A

SDLT1, 14 days of completion

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158
Q

What is form K16?

A

Bankruptcy search

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159
Q

What is a C(IV) CHARGE?

A

Estate contract

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160
Q

What is a D(ii) charge?

A

Restrictive covenants

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161
Q

What is a D(iii) charge?

A

Equitable easement

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162
Q

What is an F charge?

A

Home right

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163
Q

When can an easement by prescription occur?

A

20 years, must have separate dominant and servient tenements.

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164
Q

When is an equitable easement upgraded to a legal easement?

A

If there is diversity of occupation and the enjoyer of the easement buys their part. Upgraded to legal if still in use

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165
Q

Does a positive covenant burden pass?

A

No

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166
Q

When does the burden of a restrictive covenant pass?

A

Tulk v Moxhay
1. Benefits dominant land
2. Touched and concerned land
3. Made with the intent if burdening the servient land
4. Is negative
5. Buyer has notice

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167
Q

When is a lease a licence?

A

When there is not exclusive possession

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168
Q

How much SDLT has to be paid by first time buyers?

A

None for housing under £300k. 5% from 300k to 501k.

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169
Q

What is SDLT for residential buyers?

A

0% for under 125k
2% for up to 250k
5% for up to 925k
10% for up to 1.5m
12%

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170
Q

What is SDLT for commercial buyers?

A

0% under 150k
2% up to 250k
5% up

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171
Q

are private residences exempt from CGT?

A

Yes unless grounds are more than 0.5 ha

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172
Q

What properties are exempt from VAT.

A

Greenfield and old properties. Can have option to tax

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173
Q

What are categories B, c, e(a), e(b), e(c), e(g), f and Sui generis for planning?

A

B is general industry, storage and distribution
C is residential
E(a) is retail (not hot food)
E(b) is food and drink for consumption on premises
E(c) is financial or professional services
E(g) is offices
F is learning or community
Sui generis is entertainment, drinking, food stands etc

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174
Q

If a Tenant is not paying rent what can landlords do to sub-tenants and how long must the notice be?

A

Divert future rent. 14 days

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175
Q

What happens in the SCPCs if landlord has not provided consent for assignment?

A

Completion is delayed until 5 days after notice of landlord approval served on assignee

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176
Q

Under the SCPCs how long before the contract is rescinded if the landlord does not approve assignment?

A

6 months

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177
Q

When must a lease be registered?

A

Lease of 7+ years within 2 months of its grant

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178
Q

When can an under tenant call for the deduction of freehold title?

A

If headlease is unregistered and under lease is for 7+ years

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179
Q

What must a section 146 notice contain?

A

Breach, remedy within reasonable time, required compensation

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180
Q

When can a landlord serve a s25 notice (timing)?

A

12-6 months before contractual termination date

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181
Q

When does a planning enforcement notice become effective?

A

28 days from service

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182
Q

What is the limitation period for claims for an operational development without a permit?

A

4 years

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183
Q

What is the limitation period for claims for a change to a single dwelling?

A

4 years

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184
Q

What is the limitation period for most breaches of planning?

A

10 years

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185
Q

What is the limitation period for breaches of building regulations?

A

2 years, but enforcement notice can only be brought within 1 year.

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186
Q

How much notice is required to the LPA for tree works?

A

6 weeks

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187
Q

What is an old lease?

A

Pre 01 Jan 1996 lease

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188
Q

Can a landlord increase rent as a condition of works consent.

A

No, unless structural

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189
Q

When is forfeiture available?

A

Express clause, non payment of rent

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190
Q

How long does a landlord have to wait after service if a s146 notice before forfeiture?

A

28 days

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191
Q

Which set of conditions has electronic deposit only?

A

SCPCs

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192
Q

Is the seller obliged to insure the property after exchange of contracts?

A

No! Unless a special condition inserted

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193
Q

When does risk of property damage pass to the buyer?

A

On Exchange

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194
Q

What Conditions state that the seller’s solicitor us a stakeholder of the deposit?

A

SC 2.2 or SCPC 3.2 unless specified as an Agent

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195
Q

What can a stakeholder of a deposit not do?

A

Release deposit until completion

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196
Q

What does SC2.2.5 do?

A

Allows seller to use deposit for house purchase

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197
Q

What happens under the SCPCs if the completion day passes?

A

Seller can serve a notice to complete.

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198
Q

What happens under the SCs if assignment not consented to by the landlord before completion?

A

Either party can rescind if permission not received 3 working days before completion. Can agree to defer.

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199
Q

What Conditions provide for an indemnity to be given to the assignor and when?

A

Both SCs and SCPCs. If they continue on to be liable under an AGA.
The TR1 must contain this indemnity.

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200
Q

If a landlord is pursuing a former tenant for rent how much can they recover?

A

Only 6 months from the service of a s17 notice.

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201
Q

If the landlord agrees to a new lease under a s25 notice, what must the tenant do?

A

Apply to the court before the expiry of the notice or they will lose their 1954 rights

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202
Q

When must a s26 notice be served? (Timing)

A

6-12 months before start of new tenancy

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203
Q

If the courts decide the terms of a new lease, what is the maximum term is can be for?

A

15 years

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204
Q

If a tenant wants to end a lease protected by the 1954 Act what is their notice period?

A

3 months - serve a s27 notice on landlord

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205
Q

If there is a breach of the lease, does the tenant get time to repair?

A

Yes, if the breach is for anything other than non payment, they get reasonable time to put it right.

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206
Q

When is a lease an overriding interest?

A

Less than 7 year leases

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207
Q

What is a parole exception lease?

A

3 years or less, no premium, market rent, in writing

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208
Q

Is there a presumption of undue influence between buyers?

A

Not if they are spouses. Can still have undue influence with mortgage though.

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209
Q

What does the family law act 1966 do?

A

Gives the non-owning spouse home rights.

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210
Q

What does open market rent disregard?

A

Goodwill, occupation, improvements

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211
Q

Can a landlord charge for assignment?

A

No

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212
Q

How is legal title of a property held?

A

As joint tenants, not tenants in common.

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213
Q

If a lease is 7+ years but the land registry does not have access to the superior title, how will the title if the lease be registered?

A

With good title

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214
Q

Who executes the TR1?

A

Seller. Buyer will execute if entering into an obligation or declaration.

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215
Q

What is form TP1?

A

TR1 but for part.

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216
Q

When does the seller’s solicitor act as an agent when completing?

A

If completing by post

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217
Q

What is Formula A?

A

One solicitor holds both parts of the contract

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218
Q

What is Formula B?

A

Each solicitor holds their own client’s part of the contract

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219
Q

What is Formula C?

A

Residential completion with a chain

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220
Q

What Formulae can send funds electronically on completion?

A

C. A&B will require variations to do so.

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221
Q

If a landlord wants to claim against a guarantor, when must they serve notice?

A

Within 6 months of the breach

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222
Q

When does forfeiture require notice?

A

If the lease is for 7+ years and there are 3 years left of the lease.

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223
Q

How long does a tenant have to serve a counter notice of forfeiture?

A

28 days. If they serve one, landlord will need court consent to continue to pursue.

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224
Q

What damages does the landlord receive for having to repair after breach?

A

Diminishment if value of property only.

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225
Q

If the landlord is going to claim damages for breach of repair, when can they do so?

A

If lease is for 7+ years and there is 3 years left on the lease. Tenant has 28 days to serve counter notice. If they do so, landlord will need leave of court to pursue.

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226
Q

When can a landlord use CRAR?

A

If there is 7 days’ rent outstanding.

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227
Q

How much notice does the landlord have to give the tenant before CRAR?

A

7 days.

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228
Q

What can’t a landlord remove during CRAR?

A

Cannot remove business critical items that are up to the value of £1350.

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229
Q

How much notice does a landlord have to give before they sell items obtained through CRAR at auction?

A

7 clear days

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230
Q

When does power of sale arise?

A

3 months of default, notice served and contractual date of redemption has passed.

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231
Q

What is required to complete a mortgage?

A

Certificate of title, clear OS1 in name of lender, solvency search against borrower, executed but not completed mortgage deed

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232
Q

What is required to be submitted to the Land Registry for Registered Land before the expiry of OS1?

A

AP1 form, DS1, certified copy of transfer, fee, SDLT certificate form D1, mortgage documents

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233
Q

What is the OS1 priority period?

A

30 working days. Noon on last day is the deadline.

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234
Q

What is form k15?

A

The OS1 for unregistered land

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235
Q

How long does a K15 give priority for?

A

15 working days.

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236
Q

For unregistered land, what must be submitted fir registration and when?

A

Within 2 months of completion. Form FR1, application fee

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237
Q

Do conveyancers have to submit original documents to the land registry?

A

No, but non conveyancers do

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238
Q

What is a TA13?

A

Completion information form

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239
Q

What is a TA15?

A

Undertaking by the seller’s solicitor to discharge the mortgage

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240
Q

How can a landlord opt out of the 1954 act?

A

Serve a notice on tenant at least 14 days before grant of lease. Tenant must make a declaration of agreement.
If given less than 14 days, this must be in the form of a stat dec.

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241
Q

When can a tenancy end? 7 grounds

A
  1. S25 landlord notice
  2. S26 notice
  3. Forfeiture
  4. Surrender
  5. Notice to quit a periodic tenancy
  6. 3 months notice served on landlord by tenant
  7. Tenant ceasing to be in business occupation
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242
Q

What is a s25 notice?

A

Landlord notice to tenant ending the current lease

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243
Q

What is a s26 notice?

A

Tenant’s request for a new tenancy

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244
Q

How long does a landlord have to oppose a s26 notice?

A

2 months of service

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245
Q

What are the s30 ground s a landlord can oppose a new lease on (7)?

A
  1. Failure to repair
  2. Persistent delay in paying rent
  3. Substantial breach
  4. Landlord offered alternative accommodation
  5. Tenant is an underletting of part
  6. Landlord intends to demolish or reconstruct and cannot do so without vacant possession
  7. Landlord intends to occupy the premises
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246
Q

What does s3 LTA do in regards to improvements?

A

A business tenant can make improvements regardless of any prohibition in the lease.
A notice must be served on the landlord and they have 3 months to object.

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247
Q

If s3 is utilised in regards to improvements, what is the implication at the end of the tenancy?

A

If the improvement adds to the vs,he of the letting, the tenant can claim compensation

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248
Q

Under which s30 grounds does a landlord have to show that a tenant ought not to be granted a new tenancy?

A

Failure to repair, persistent delay in paying rent, substantial breach, tenant is an underletting of part

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249
Q

If the landlord relies on ground (g) (intends to occupy) how long must they have held their interest for?

A

5 years before end of current tenancy

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250
Q

If the court orders a new lease, when will the term commence?

A

3 weeks and 4 days after court order.

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251
Q

How long does the landlord have to appeal a new lease granted by court order?

A

4 weeks

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252
Q

What if the parties do not like the new tenancy granted by the court?

A

Tenant can apply for revocation. Landlord can only appeal

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253
Q

When is a tenant entitled to compensation for the landlord ending the lease?

A

Any no fault ground (e), (f) and (g). Underletting, intends to demolish, intends to occupy

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254
Q

What happens if there is an agreement between landlord and tenant restricting compensation for termination on no fault grounds?

A

The agreement is void if the tenant has been the same (or in same business) for 5+ years

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255
Q

What do the SCs and SCPCs say In regards to repair covenants on assignment?

A

They are excluded but must be expressly referred to in the TR1 panel 9 and 11

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256
Q

Under the SCs how is a deposit held?

A

As an agent if UK residential purchaser

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257
Q

Under the SCPCs how is a deposit held?

A

As a stakeholder

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258
Q

If the title of the unregistered land is only good what will be required?

A

A special condition to require deduction of title.

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259
Q

In unregistered land, what can an assignee demand proof of?

A

Assignments and leases held within the last 15 years

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260
Q

Who is to engross the lease and when is it to be provided?

A

Landlord. 5 working days before completion

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261
Q

When should there be the deduction of title?

A

If lease is more than 7 years

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262
Q

If there is an AFL and the lease is for more than 7 years, what do the SCs allow for?

A

Deduction of title allows for registration of absolute title

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263
Q

When is VAT compulsory on purchase?

A

New buildings of less than 3 years

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264
Q

What conditions allow for inclusion of VAT?

A

SC 1.4
SCPC special condition

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265
Q

What should be included in the conditions if the seller is concerned that the tax regime may change?

A

SCPC part 2 A1

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266
Q

When must LTT be paid by?

A

30 days of completion

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267
Q

When must a mortgage be registered by?

A

Within the OS1 period and within 21 days of completion, failure to do so renders it void against liquidators.

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268
Q

If SDLT is payable on assignment, what is it due on?

A

Purchase price, not including rent.

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269
Q

When must assignment be registered?

A

If there is 7+ years left on the term of a lease, it must be registered within 2 months, or it will be void in respect to legal estate.

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270
Q

What happens under the SCs if completion is delayed?

A

Buyer and seller can be asked to pay compensation

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271
Q

What happens if completion is delayed under SCPCs?

A

Only buyer can be asked to pay compensation

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272
Q

How long does a completion notice give for completion?

A

10 working days. If fail to complete, rescission.

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273
Q

What if the buyer reasonably objects to a condition of assignment under SCs?

A

They may rescind.

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274
Q

If there is delayed completion when will next completion be deemed?

A

20 working days

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275
Q

Is time of the essence for completion?

A

Not until a notice to complete is served.

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276
Q

If there is undue influence when taking out a mortgage what happens to the mortgage?

A

It is voidable

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277
Q

Does a seller pay compensations under SCPCs?

A

No

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278
Q

When can you have an implied easement?

A

When it is created on sale of a part

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279
Q

If there is a breach by the buyer what is the seller entitled to?

A

Damages, but would be less any compensation obtained under the SCPCs

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280
Q

When must part of a loan be paid to HMRC and how much? What are the exceptions?

A

If it is a close company or associate loan. 32.5%.
Under 15k, or it’s a money lending business

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281
Q

What role does a solicitor pay if money is paid into an account for which they hold jointly with another executor?

A

They have limited obligations under the SRA but they must still safeguard the money.

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282
Q

If a company is investing in brand new machinery, what percentage of deduction do they receive from corporation tax, and what are the qualifiers for this relief?

A

130%.
Purchase contract must be after 31 march 2021.
Expenditure must be incurred between 01 April 2021 and 31 march 2023

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283
Q

What has a reduced VAT RATE OF 5%?

A

Mobility aids, fuel (domestic), energy-saving measures, renovation and alteration, child car seats

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284
Q

What is exempt from VAT?

A

Land, insurance, post, finance services, health services, burials/cremation

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285
Q

What is zero rated for VAT?

A

Books, transport, food, water, international services

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286
Q

In Accounts, where does Trading Profit show?

A

Profit and Loss Account

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287
Q

When a bill is not yet paid, what is it?

A

Accrual

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288
Q

How do you record a payment out of petty cash?

A

CR Petty Cash account
DR client ledger

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289
Q

How do you record a bad debt?

A

CR client ledger (business)
DR bad debts account

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290
Q

When is VAT RELIEF available for a bad debt?

A

6 months from due date

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291
Q

How do you record a transaction from the bank to petty cash?

A

CR Cash Account
DR petty cash account

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292
Q

If you cannot track a client at the end of a retainer to pay it back, what must you do?

A

If the credit is under £500, pay it to charity. If over, seek permission from SRA to do so.

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293
Q

How often must you obtain client account bank statements?

A

Every 5 weeks

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294
Q

What are the 4 DRs?

A

Expense incurred, asset acquired, liability reduced, cash gained

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295
Q

What are the 4 CRs?

A

Income earned, asset disposed, liability incurred, cash paid

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296
Q

If VAT is chargeable for rent and the premium paid, is SDLT charged on the VAT inclusive sum? Or exclusive sum?

A

VAT inclusive sum

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297
Q

When must a VAT invoice be provided (timing)?

A

Within 30 days of supply

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298
Q

When must a tax return be submitted? (Timing)

A

1 month from quarter end.

299
Q

Which property searches are subject to VAT?

A

CON29 and con290.

300
Q

When is an Accountant Report not required?

A

If all money received was legal aid, or balance on accounts does not exceed an average of £10k (max £250k at any one point)

301
Q

How do you record a cheque received from a client for payment of a bill?

A

CR client ledger
DR cash account

Business sections

302
Q

How do you record billing a client?

A

CR profit costs account
DR client account

303
Q

How do you record a client paying a bill?

A

CR cash account
DR loss of debt

304
Q

How do you record cash being received from a client on account of costs?

A

CR cash account
DR client account

305
Q

How do you record an inter client transfer?

A

CR transferee
DR transferor

306
Q

When can a CFA not be used?

A

Family and criminal proceedings

307
Q

What is the cap on success fee for a CFA?

A

100%. 25% for PI

308
Q

Who can enter into a CFA other than the solicitor? Who can’t?

A

Counsel can. Experts can’t.

309
Q

Who is a DBA available for?

A

Usually only claimants

310
Q

What is the cap on DBA success fee?

A

50%.
25% for PI.
35z for employment.

311
Q

What do caps on fee agreements not apply to?

A

Appeals

312
Q

If client is receiving legal aid, who does the solicitor owe the greater duty to?

A

LAA. Duty to them overrides duty of confidentiality to client.

313
Q

What is LAA not available for?

A

Business matters inc sole traders

314
Q

When is Legal Aid available?

A

If the prospect of success is at least 50%.
The client must have less than £8k capital. (£3k if immigration case)
Gross monthly income must be less than £2657
Disposable income must be less than £733
Slightly different if they have more than 5 children.

315
Q

When may a contribution have to be made to the criminal courts even if the c,isn’t is in receipt of legal aid?

A

If capital is over £3k, or disposable income is more than £315

316
Q

What level of adjusted income means that the client is eligible in criminal courts for legal aid?

A

Under £12, 475

317
Q

What level of income means that a full means test is required if the client is in receipt of legal aid (crim courts)?

A

From £12,475 up to £22,325
If crown court, anything past £22,325

318
Q

When is the client not eligible for legal aid in the magistrates court?

A

Adjusted income of over £22,325

319
Q

When will a client have to contribute to costs even if they have legal aid for a trial in the crown court?

A

Disposable income of £3,398 - 37, 500

320
Q

When must IHT be paid?

A

6 months from end of month of death

321
Q

How many instalments are available for the instalment option for IHT?

A

10

322
Q

What is eligible for the instalment option of IHT?

A

Land, business, shares with control of the company, unquoted shares without control if they are worth 10% of the capital and £20k in value

HMRC satisfied that IHT cannot be paid without undue hardship, or the IHT amounts to 20% of all IHT payable on the estate

323
Q

What missed IHT payments accrue interest monthly.
?

A

Agricultural land, business or shares

Other land accrues interest annually

324
Q

If a transferee if a PET is liable for IHT and does not pay, when do the PRs become liable?

A

12 months from end of month of death

325
Q

When is IHT due on an LCT?

A

If the LCT was between 05 Apr and 01 Oct, due on 30th April of the following year

Any other time, due 6 months after end of month of LCT

326
Q

How long must you have been admitted to the Roll for before you can be a freelance solicitor?

A

3 years

327
Q

How much PII must a law firm hold?

A

£3m for recognised bodies (llps etc). £2m for others (sole practitioners etc)

328
Q

If your PII runs out as a solicitor when must you inform the SRA?

A

When PII ceases. Terms and conditions will extend the PII for 90 days

329
Q

When must you cease to take on new work after your PII ends?

A

30 days after cessation

330
Q

When must you cease practising after your PII runs out?

A

90 days after cessation

331
Q

How do you record money being paid into the client account? Eg client sends cheque on account of costs

A

CR client ledger
DR client cash

332
Q

How do you record payment out of the client account?

A

CR client cash account
DR client ledge

333
Q

How do you record a payment out of the business account? Eg if there is not enough for a disbursement in the client account?

A

DR business account ledger business
CR cash account business

334
Q

How do you record payment into the business account? Eg payment for disbursements

A

CR business account
DR cash account business

335
Q

How do you record a dishonoured cheque?

A

The following will be on account for the cheque being paid in:
CR client ledger
DR cash account client

When dishonoured, need to reverse
DR client ledger
CR cash account client

336
Q

How do you record VAT for it being charged in a bill?

A

DR business ledger with the vat figure
CR vat ledger

337
Q

How do you record vat on abatement of costs?

A

Reduce amount of profit costs owed by the client:
CR business ledger costs figure only
DR profits costs with costs figure only

Reduce amount of Vat
CR business ledger with vat amount
DR vat account with vat amount

338
Q

When must a linked purchase be authorised by the shareholders and what resolution must be passed?

A

Purchase must be £100k or more OR £5k at at least 10% of client net asset value
Ordinary resolution

339
Q

What is a substantial property transaction and what resolution is required to authorise it?

A

Purchase from a connected person (20%+ of shares or director etc), non cash asset of substantial value (£5k or 10% net asset value)

340
Q

What are the exceptions to requiring shareholder authorisation for a substantial property transaction?

A

Not a UK company, in the capacity of a shareholder, is a holding company or subsidiary, in administration, or entitled to do so under a service contract

341
Q

When do personal loans to directors require an ordinary resolution?

A

If the loan is not for a business purpose, unless the loan is under £10k in value.

342
Q

What MA gives the directors authority to entire into loans and securities?

A

MA3, director authority

343
Q

What MA means that directors can delegate their powers?

A

MA5

344
Q

What MA revives the directors power to hold BMs on reasonable notice?

A

MA9

345
Q

What MA states that quorum is 2?

A

MA11

346
Q

What MA states that a director cannot count in quorum if they are interested in the transaction?

A

MA14

347
Q

What MA states that the directors pass decisions by simple majority?

A

MA7

348
Q

What MA states that a written resolution must be unanimous amongst board members?

A

MA8

349
Q

What MA appoints a chairperson? Which one gives them a casting vote?

A

MA12, MA13

350
Q

Which MA gives the chairperson the power to chair GMs?

A

MA 39

351
Q

What does MA18 states about ceasing to be a director?

A

If they are under a bankruptcy order or a doctor declares them mentally unfit to hold position then they cease to be a director

352
Q

What does MA42 states about shareholder voting? And MA44?

A

Show of hands. Allows poll vote

353
Q

What does MA30 state about a dividends?

A

They are at the directors’ recommendation

354
Q

What MA gives power to appoint directors?

A

MA17

355
Q

What does form AR01 do?

A

Change accounting reference date

356
Q

What does MA19 state?

A

Board can decide salary, services and benefits

357
Q

How long can a director be disqualified for?

A

2-15 years

358
Q

What happens if a partner in a partnership dies?

A

The partnership dissolves unless the other partners buy out the deceased’s share

359
Q

Can the board ratify the failure to declare interest in a transaction?

A

No, but can ratify the actual transaction.

360
Q

How long must meeting minutes be kept for?

A

10 years

361
Q

What is the long stop date to register the transfer of shares?

A

2 months

362
Q

What is an executive director?

A

They have a service contract

363
Q

What happens if a long term director service agreement is entered into without shareholder approval?

A

The guaranteed term element is void

364
Q

When must a director appointment be filed at companies house by?

A

14 days from appointment

365
Q

How long must a director service contract be available at the registered office for?

A

Term plus 1 year

366
Q

When can shareholders inspect the director service contract?

A

Within days of request

367
Q

When can a Stat Demand be issued and how long must you wait before action?

A

£750 outstanding. Wait e3 weeks from issue

368
Q

Who can demand a poll vote?

A
  1. Chairperson
  2. Directors
  3. 2+ shareholders with the right to vote
  4. Shareholder with 10% voting rights
369
Q

Name 5 things an OR can be used for

A
  1. Ratification
  2. Director service contracts over 2 years term
  3. Appoint or remove auditor (special notice required)
  4. Substantial property transactions
  5. Removal of director (special notice)
370
Q

Is an OR required for a director contract of over 2 years that has a termination at will clause?

A

No

371
Q

What is the notice period for a GM?

A

14 clear days
If by post or email, add on 48 hours for delivery

372
Q

What are the exceptions to shareholders being able to vote if they have an interest in the transaction?

A
  1. Resolution to buy back some or all of their shares
  2. Ratification of their breach if they are a director

Their vote will not count if it is their vote that makes the difference

373
Q

When can a short notice GM be held?

A

Majority of shareholders must consent and they must hold at least 90% of the voting shares

374
Q

What is special notice?

A

Notice of a Gm circulated 28 days before.
Ad in newspaper 14 days before the relevant OR

375
Q

Name two things a SR is required for

A

Changing name . Changing articles

376
Q

What three decisions can be made at a board meeting?

A

Change of registered address, account reference date change, appointing chair. Sometimes appointing directors

377
Q

When must amended articles be filed by?

A

15 days from the articles taking effect

378
Q

How long does the company have to file the SR for changing articles?

A

15 days from SR

379
Q

When can a written resolution be called by shareholders?

A

5% of shareholding with voting rights.
Articles can increase this number but cannot decrease it

380
Q

When is the deadline for voting in a written resolution?

A

28 days from circulation

381
Q

Are written resolutions one vote per share or simple majority?

A

One vote per share like a poll

382
Q

Who must make the representation for apparent authority to have been present?

A

The principle NOT the agent
E.g. this can be made if the person is in charge and selling what the company usually sells.

383
Q

What percentage of shareholders are required to demand a Gm?

A

5% of paid up capital holding voting rights

384
Q

If the shareholders call a GM how long do the directors have to call the GM for them?

A

21 days of request

385
Q

When must the GM take place once directors have agreed to the shareholder request to call a GM?

A

Within 28 days of directors agreeing

386
Q

What is the maximum amount of time that can be between the shareholders requesting a Gm be held and the GM itself?

A

7 weeks

387
Q

What are the 4 requirements for apparent authority to be present?

A
  1. Relates to business of kind carried out by company
  2. Expected kind of business
  3. Other party is unaware of the lack of authority
  4. Other party is dealing with someone they believe to be a partner
388
Q

If an LLP gets reduced to 1 member, what happens to the liabilities?

A

If there is still only 1 partner after 6 months, they become solely liable for the LLP’s debts

389
Q

When must accounts be filed by (normal company)? What if it is a plc? What if the company is newly incorporated?

A

9 months from end of accounting period. 6 months if plc. 3 months if newly incorporated

390
Q

Who appoints the first auditor? Who appoints subsequent auditors?

A

Directors first. After shareholders appoint by OR. They are automatically reappointed every year unless they are the first auditor or the articles did apply this,

391
Q

What votes in a partnership must be unanimous instead of majority?

A
  1. Hanging nature of business
  2. Introducing a new partner
  3. Changing the partnership agreement
  4. Expulsion of a partner
392
Q

What can a bankrupt partner not act in?

A

Winding up

393
Q

What is required if a partner is leaving a partnership?

A

Direct notification, notification in London gazette, removal from letterheads etc.

It required if they are bankrupt or dead.

394
Q

What companies do not need to produce a directors report to go with the accounts?

A

Small companies and micro entities

395
Q

What is a small company?

A

Balance sheet is less than 5.1m.
Turnover is less than 10.1m
Employees are less than 50

396
Q

What is a micro entity?

A

Balance sheet is less than 316k
Turnover is less than 632k
Less than 10 employees

397
Q

What must the limited liability partner in a general partnership not do?

A

Control or manage the company, or have the power to make binding decisions.

They also cannot remove their contribution to the LP

398
Q

What share capital is required for a plc and how much must be paid up?

A

50k.
All premium capital paid and at least a quarter of the nominal shares

399
Q

What resolutions are required to re register as a plc and what form is required?

A

Three SRs - one to register as plc, one to alter articles and one to alter name.
RR01

400
Q

What. Just be filed at companies house to re register as a plc?

A

SRs, rr01, statement of compliance, fee, articles, balance sheet, auditor documents

401
Q

What resolution does a change to a trading name require?

A

Only board decision

402
Q

Hen does a new company name take effect?

A

When new certificate of incorporation is issued

403
Q

What form is required to change the accounting reference date? What decision to change? And what can the period not be extended beyond?

A

Aa01, board decision, cannot be extended beyond 18 months

404
Q

How long does an LLP have to file appointment or departure of partners at companies house?

A

14 days.
Llap91, lltm01

405
Q

What must be filed on incorporation?

A

In01, memo of association, possibly articles if amended, fee, pscs

406
Q

When does a company come into existence?

A

When certificate of incorporation is issued.

407
Q

What is required to change registered address?

A

Board decision.
14 days from the change, notices are still considered served if they go to the old address

408
Q

When is a cs01 to be filed?

A

Annual confirmation statement. Within 14 days of initial incorporation annually.

409
Q

What is a PSC?

A

Holds more than 25% shares or voting rights OR has power to remove or appoint majority directors

410
Q

What must be filed for a name change of a company?

A

Nm01 and fee and sr

411
Q

What is a defence to a challenge to a transaction at undervalue?

A

To defend the reputation of the company and to allow trade to continue

412
Q

If there is a transaction at an undervalue what is the rebuttable presumption?

A

That if it is to a connected person, there is the presumption of insolvency.

413
Q

Who must approve a CVA and in what percentages?

A

75% value in creditors and 50% non connected creditors

414
Q

Who can bring a wrongful trading claim on insolvency?

A

Liquidator or administrator

415
Q

When can a CVA affect a secured creditor?

A

Only with its consent.
They cannot vote in CVA unless it is to do with their part of security.

416
Q

When must a bankrupt person disclose their bankruptcy when taking out a loan?

A

If loan is over £500

417
Q

When can a stat demand be applied for in regards to bankrupt individuals?

A

If £750 is outstanding. Must wait 3 weeks before action

418
Q

When could there be a restriction on the share capital of a company? What would be required to remove this cap?

A

If incorporated before 01 October 2009.
An OR would be required to remove this cap. (An SR if it is in the articles)

419
Q

What needs to be held in order to register transfer of shares?

A

Board meeting - they must agree to the transfer. if not can block it.

420
Q

When does s550 allow directors to allot shares? What is the exception?

A

If there is only one class of shares in existence.
If they have Table A articles, would need to activate s550 by OR and file this at companies house

421
Q

What gives power to allot shares if there is more than one class or the company is a plc?

A

S551 OR.
Allotment must occur within 5 years of this resolution.

422
Q

What is the minimum time requirement allowed for accepting pre emption shares?

A

At least 14 days

423
Q

What is required to disapply preemption rights? How long to file at ch?

A

SR. 15 days.

424
Q

What does MA21 require in relation to pre emption shares?

A

All shares fully paid

425
Q

When must sh01 or psc01 be sent to companies house?

A

Within 1 month of allotment

426
Q

When must a new shareholder be registered by and when must they receive their share certificate?

A

2 months from allotment

427
Q

What does ma26 give the directors discretion to do?

A

Refuse to register transfer of shares

428
Q

When is stamp duty payable on transfer of shares?

A

If over £1k in value. Stamp duty is 0.5%.

429
Q

What does ma27 entitle PRs or trustees to?

A

Dividends even though they are not shareholders

430
Q

What resolution is required to buyback shares using income? What is it is using capital?

A

OR for income. SR for capital
An OR will still be required in the case of an SR to approve the buyback contract

431
Q

How long is the deadline to file cancellation of shares?

A

28 days from cancellation

432
Q

To approve buyback of shares from capital what statement is required and when by?

A

Statement of solvency 1 week before Gm.

433
Q

If a buyback out of capital is approved, what must be published and when is the deadline for publishing?

A

Ad in the London gazette. 7 days after notice of Gm passing sr

434
Q

How long do creditors have from an sr agreeing buyback of shares from capital to apply for a prevention order?

A

5 weeks

435
Q

When will the buyback out of capital of shares proceed?

A

5-7 weeks from the sr

436
Q

What is required for a minority shareholder to bring a derivative claim?

A

Permission from court. Unlikely to be granted if it appears that a majority of shareholders will ratify a decision.

437
Q

How do you work out how much a preferential dividend will be?

A

(Preferential dividend percentage x nominal value of share) / number of shares

438
Q

Who can enter into debentures and floating charges?

A

Only companies and llps

439
Q

When must a charge be registered at ch by and what is required?

A

Form mr01, the copy of the charge and the fee

440
Q

What happens if a fixed charge over land is not registered at the land registry and someone buys that land?

A

Regardless of knowledge, a buyer takes the land free of charge

441
Q

How do you work out the amount a creditor will be owed on insolvency?

A

Assets / liabilities = amount per pound owed (appo)

Appo x amount creditor owed

442
Q

What resolutions are required to start an MVL?

A

Sr to start. OR to appoint liquidator

443
Q

What is a debt relief order?

A

20 business day moratorium

444
Q

When can a debt relief order be obtained? Bankruptcy

A

Not if unsecured liabilities over £20k, not if total gross assets exceed £1k, not if they have a car worth more than £1k, not if their disposable income is more than £50 pm, or if they have had a dro in the last 6 years

445
Q

What is debt respite order?

A

60 days breathing space if mental health treatment of 30+ days has been ordered

446
Q

What is the order of priority of charges?

A

Fixed charge, expenses of liquidation, preferential debts (employees, paye etc), floating charges, unsecured

447
Q

In insolvency, how much wage can employees be given?

A

Max £800. Employee wages for the last 4 months

448
Q

What is the ring fence for unsecured creditors and floating charges?

A

50% of first £10k received from property subject to a floating charge.
20% if remaining money
Limit £600k
(Unless company formed after 1 April 2020 when it is £800k)

449
Q

Who must approve administration proposals?

A

Majority in value of present and voting creditors. Provided that not more than 50% of this majority are unconnected creditors.

450
Q

What happens to director powers if they go into administration?

A

Powers cease but they remain in office.

451
Q

What two items do administrators require court permission to deal with?

A
  1. Property subject to a fixed charge
  2. Paying unsecured creditors
452
Q

Who can appoint a receiver? What is required and what is the notice?

A

Secured creditors. SR required. 7 days to inform creditors

453
Q

When compulsory liquidation is entered into what happens to the directors?

A

They are terminated

454
Q

When is a floating charge invalid?

A

If there has been no fresh consideration, was within 2 years before insolvency if to a connected person, 12 months if unconnected.

If to a connected person, no need to show insolvency.
If to unconnected, will have to show that they were insolvent at time or became insolvent due to the charge.

455
Q

When can a preferential transaction be challenged?

A

Within 2 years if to a connected person, 6 months if unconnected.
No presumption of insolvency - this must be proven and it must be shown that there was a desire to prefer

456
Q

When can a transaction at an undervalue be set aside?

A

If made in the 2 years before insolvency. Must have been insolvent at time or due to transaction. There is the presumption of insolvency if the transaction was to a connected person.

457
Q

What is the defence to a transaction at an undervalue being challenged?

A

It was in good faith with the view to carry on the business and there were reasonable grounds to believe it would benefit the company.

458
Q

When can extortionate or exorbitant transactions be challenged?

A

Within 3 years

459
Q

What is the time limit for challenging fraudulent transactions?

A

None

460
Q

Who can appoint an administrator by an out of court procedure?

A

On,y a floating charge holder who benefits from a charge over the whole or substantially the whole of the business assets.

461
Q

What damage is not covered by 1984 OLA?

A

Property damage

462
Q

What can you not claim for under CPA?

A

Defective product, business property, personal property under the value of £275

463
Q

To be a primary victim for psychological damage only, what must occur?

A

Sudden shock, foreseeable risk of physical injury. Psychiatric injury does not need to be foreseeable.

464
Q

What is required to be a secondary victim for psychiatric shock?

A

Close tie of love and affection, foreseeable psychiatric injury

465
Q

What can be claimed if a fee has not been negotiated for releasing a seller from a covenant?

A

Damages for loss of opportunity

466
Q

What can someone not do if they have not complained about an item within a reasonable time under SGA?

A

Reject the goods

467
Q

Under the SGA which two terms are implied conditions?

A

Fitness for purpose and quality

468
Q

Under the SGSA what are these terms considered and what do they allow for breach?

A

Innominate terms. Always gives damages and may allow termination if the breach has substantially deprived the buyer of the benefit of the contract.

469
Q

What two things are required for there to be a negligent misstatement?

A

Assumption of responsibility and reasonable reliance

470
Q

What are tenders considered?

A

Implied offer of a unilateral contract. Tenders must be considered and if they are not it is a breach of a unilateral contract.

471
Q

What is payment on delivery after duress considered?

A

Affirmation

472
Q

What Cannot be claimed for under private nuisance?

A

PI

473
Q

Who can claim for private nuisance?

A

Occupier with exclusive possession.

474
Q

When can landlords claim for private nuisance?

A

If permanent damage is being done to the property

475
Q

How long does a client have to challenge a solicitor’s bill?

A

1 month from date of delivery

476
Q

How long does the client have to apply to court to challenge a bill from a solicitor?

A

12 months

477
Q

What evidence is not admissible in civil claims?

A

Opinion

478
Q

Who must the expert report be addressed to and is permission required to use an expert?

A

The court. Yes.

479
Q

Where must a claim for personal injury damages be started?

A

Ccmcc if the claim is started in the county court.

480
Q

When does the late payment of commercial debts interest act apply?

A

To debt claims

481
Q

When does the daily rate for interest need to be included on the claim form?

A

If it is a claim for specified damages.

482
Q

Even if a claim exceeds £100k when could it still be issued in the county courts?

A

If it is straightforward

483
Q

Is ATE recoverable from the losing party?

A

No.

484
Q

How do you dispute court jurisdiction?

A

State so on acknowledgment of service form and then Make a challenge within 14 days of filing.

485
Q

What does CPR 19 cover? Who can apply?
Who do you need permission from?
In what situation would you require court permission?

A

Adding or substituting parties.
Existing party or someone who wants to be a party.
If adding or substituting a claimant, will need permission from all parties.
If the claim form is served.

486
Q

If cpr 19 is utilised within the limitation period, an you add and substitute parties?
What if it is out of the limitation period?

A

Yes.

If the limitation period was current when proceeding were started then you can add or substitute AND ONLY IF a party was named by mistake, the new party is required to successfully continue the claim, or the original party is dead or bankrupt.

487
Q

How long do you have to pay a default judgement? What form is used?

A

14 days. N244

488
Q

What are the two grounds for setting aside a default judgement?

A
  1. Mandatory - the judgement was wrongly entered
  2. Discretionary - there is a real prospect of defence
489
Q

When should a legal representative’s costs be marked as to be assessed in the claim form?

A

In the high court, unspecified claim

490
Q

How do you state recovery expected for a high court claim form?

A

Claimant expects to receive more than £100k.

491
Q

How long do you have to serve a claim form outside of jurisdiction?

A

6 months from receipt of claim form

492
Q

What must you serve to the courts to start a claim?

A

Form n1, fee, particulars of claim, annexures

493
Q

What happens to the limitation period when the claim form is received by the courts?

A

It stops running.

494
Q

How do you fill out a claim for unspecified damages on the claim form for the crown court?

A

The claimants expects to receive
1. Not more than £10k
2. More than £10k but not more than £25k
3. more than 25k
4. Cannot expect how much to recover

495
Q

When claiming unspecified damages what three things are disregarded in the calculation for the claim form?

A
  1. Interest
  2. Contributory negligence
  3. Counterclaims
496
Q

In a civil case when. Just a witness summons be served by?

A

7 days before trial

497
Q

When claiming for personal injury on a claim form, what two ways can you claim?

A

Damages for pain, suffering and loss of amenity is
1. More than £1k
2. Not more than £1k

498
Q

How long do you have to serve the claim form on the other party?

A

4 months

499
Q

What is the indisputable presumption for the service of a claim form?

A

It is served on the second business day from service

500
Q

When must particulars be served before (time of day) and when does this apply?

A

4:30.
If by personal service, fax or email

501
Q

When are particulars deemed served by (time period) after posting or by dx?

A

2nd business day, provided the postal day was a business day

502
Q

How long do you have to serve the particulars of claim if separate to the claim form?

A

14 days after service of claim form but no later than 4 months from issue of claim form.

503
Q

What is a small claims claim up to in value?

A

£10k

504
Q

What is a fast track claim up to in value?

A

£25k

505
Q

What is a multi track claim up to in value?

A

Over £25k

506
Q

When must a claim be served in the county court?

A

If it is under £100k

507
Q

Can a claim over £100k be served in the county court?

A

Yes if simple.

508
Q

When must a PI claim be served in the high court?

A

If claim is over £50k

509
Q

What claims are sent to ccmcc?

A

All money only claims

510
Q

What costs can be claimed for if the claim is in small claims?

A

Fixed costs only - issuing the claim and travel expenses. No legal fees.

511
Q

When are legal representative costs fixed?

A

In specified damages claims

512
Q

What is the pre action protocol for professional negligence regarding insurers?

A

Must notify your insurer on receipt of claim form and issue response of notification of insurer within 21 days

513
Q

How long do you have to respond to a letter with acknowledgement that insurers have been notified?

A

21 days

514
Q

How long do you have to fully response to a letter of claim?

A

3 months

515
Q

How long do you have to negotiate settlement for professional negligence if the professional accepts claim in letter of settlement or response?

A

6 months

516
Q

How long does the defence have to respond to practice directions?

A

14 days for a simple case. 3 months for a complex case.

517
Q

How long does a debtor have to respond to a letter of claim if the claim is for a debt (not business to business)?

A

30 days

518
Q

When an offer states ‘we need to hear from you by x date’ etc does the postal rule apply?

A

Likely not

519
Q

What is the limitation period for contract and tort?

A

6 years from day after cause of action.

Contract: from time of breach
Tort: from damage occurring

520
Q

What is the limitation period for personal injury?

A

3 years from date of cause of action or knowledge.
If the claimant was under 18 when the PI occurred, limitation period would not start until they hit 18.

521
Q

If the cause of action is latent, what are the limitation periods?

A

6 years from date of cause of action
3 years from date of knowledge of damage

Maximum 15 years after the date of the negligence act or omission

522
Q

How long do you have to file a defence after deemed service and on what form?

A

14 days unless acknowledgement is served at what point it is 28 days.
Form N9

523
Q

If a road traffic accident is on or after 31 may 2021, what is a PI claim limited to and what track is it on?

A

£5k for loss of amenity, suffering and pain.
Small claims

524
Q

What is the basis for standard costs?

A

Proportionate.
Resolved in favour of the paying party.
Reasonable and reasonably incurred.

525
Q

What is the basis for indemnity costs?

A

Reasonable and reasonably incurred.
Resolved in favour of receding party.

No proportionality test.

526
Q

For small claims what is the limit on PI?

A

£5k

527
Q

How can you use an expert in small claims?

A

With court permission only

528
Q

How long is a fast track trial usually?

A

1 day

529
Q

How are small claims costs assessed?

A

Disbursements only will be paid. No legal fees

530
Q

How are fast track costs assessed?

A

Summarily. Advocate fees are fixed.

531
Q

How are multi track costs assessed?

A

Detailed line by line assessment

532
Q

What are the fast track advocate costs?

A

Fixed.
If value of claim is £3k, £485.
If up to £10k, £690
If up to 15k, £1035
If over 15k, £1650

533
Q

What is the period of acceptance for a part 36 offer?

A

21 days but basically open ended unless expressly withdrawn.

534
Q

If the claimant’s part 36 offer is accepted, what costs are they entitled to?

A

Costs up to date of notice of acceptance

535
Q

If a claimant accepts a part 36 offer late, what costs are they entitled to?

A

Costs up to expiry of offer.
The claimant then pays for the defendant’s costs up until date of acceptance.

536
Q

If a defendant accepts a part 36 offer late, what costs must they pay?

A

Claimant’s costs up until date of acceptance.

537
Q

If the claimant made a part 36 offer than was rejected and is then awarded what was at least as advantageous as they offered by the courts, what penalties are imposed on the defendant?

A

Additional 10% of damages up to £500k. 5% thereafter.
Capped at £75k.
Enhanced interest of 10% above base rate from day 22 of the offer.
Costs on an indemnity basis

538
Q

If the defendant makes a part 36 offer and this is rejected by the claimant, the claimant then wins at court with an offer better than what the defendant offered, what happens?

A

There are no penalties or effects.

539
Q

If the defendant made a part 36 offer than the claimant rejected and the claimant then won but it was less than what the defendant offered, what happens?

A

The defendant will pays the claimant’s costs on a standard basis until day 21 of the part 36 offer.
The claimant then pays the defendant’s costs on a standard basis from day 22 with interest.

540
Q

What if the claimant loses after a part 36 offer form the defendant?

A

The claimants must pay interest in defendant’s costs from day 22

541
Q

How long is there to put questions to the experts after exchange of reports?

A

28 days

542
Q

If a witness summons is not served within 7 days of the witness’s appearance at court, what will be required to serve it?

A

Court permission

543
Q

When must checklists be filed by?

A

No later than 8 weeks before trial

544
Q

What will the court do if neither party files their checklists?

A

Extend the deadline by 7 days

545
Q

If one party does not issue their checklist in time, what will the courts do?

A

Order a hearing

546
Q

If in the fast track, when must parties file and serve statement of costs by?

A

At least 2 days before trial
24 hours if interim hearing

547
Q

In the multi track, when must a notice of commencement for payment of the judgement be served by?

A

Within 3 months of the judgement. Serve on paying party

548
Q

How long does the laying party have to dispute a notice of commencement for costs?
How long does the payee have to respond?

A

21 days. Also 21 days.

549
Q

When must an assessment hearing be filed for if there is a dispute regarding the notice of commencement?

A

3 months from reply.

550
Q

How long is there to issue a civil appeal to the county or high courts from judgement? What about COA or supreme courts?

A

21 days.
28 days.

551
Q

What is the order of ranking of judges for appeals?

A

District judge of the cc.
Circuit judge of the cc.
District judge of the hc.
Circuit High court judge.
High court judge.
Court of appeal.

552
Q

When will courts undertake a provisional assessment of costs?

A

If under £75k costs.

553
Q

How ,long does a party have to appeal a provisional assessment of costs?

A

21 days

554
Q

What happens if a party appeals a provisional costs, and they fail to receive adjustment of at least 20% in their favour?

A

They will have to pay costs

555
Q

What can enforcement officers use to enter commercial premises?

A

Reasonable force. Cannot be used for residential.

556
Q

What cannot be seized by enforcement officers?

A

Items belonging to another, necessary items, work/study tools up to an aggregate of £1350

557
Q

What is required from the county court if costs of £600 or less need to be enforced?

A

A warrant

558
Q

What is required if costs if £600 to £5k needs to be enforced?

A

County court warrant or high court writ

559
Q

What is required from the high court if over £5k in costs needs to be enforced?

A

A writ

560
Q

What does part 73 allow for in regards to land?

A

Charging order can be made over jointly owned land.

561
Q

When must the ICO be served one the debtor by?

A

Within 21 days of approval from court

562
Q

How long does a debtor have to appeal an ICO.

A

14 days to request a review

563
Q

How long does a debtor have to object to an FCO?

A

28 days from service of ICO

564
Q

What court can issue an attachment of earnings order?

A

County court only

565
Q

If a judgement is made in the commonwealth, when must the judgement be registered by?

A

12 months for high court
6 years for county

566
Q

If it is a money claim in the county court, and a party fails to file their questionnaire, how long will the court give the defaulting party to serve their questionnaire?

A

7 days. If not, claim struck out

567
Q

In all cases but a money claim in the county court, what will happen if a party fails to file their questionnaire on time?

A

Court will make an order as it sees fit.

568
Q

When must costs budgets and questionnaires be filed by?

A

21 days before cmc.

569
Q

When must a budget discussion report be filed?

A

7 days before cmc, unless they are a litigant in person where this is not required.

570
Q

When can a statement of case be struck out?

A

No reasonable grounds for bringing the case, abuse of process or failure to comply with a rule or procedure

571
Q

When must the trial bundle be filed by? How big can it be?

A

7 - 3 days before trial.
Max 250 pages

572
Q

In part 2 disclosure, how should documents be described?

A

Generally, not identifiable

573
Q

What can deadlines not be modified for?

A

CMC, checklist submission, pre trial reviews, trial dates

574
Q

In multi track who prepares the case summary?

A

Claimant but should be agreed between parties

575
Q

When should appropriate directions be submitted before the cmc?

A

7 days before. If they are approved, the cmc will be vacated

576
Q

What claims are excluded form cost management on the multi track?

A

£10m or more

577
Q

When must the costs budget be filed with the questionnaire?

A

If claims are under £50k

578
Q

When must costs budgets be filed for claims over 50k?

A

21 days before cmc

579
Q

When must small claims disclosure be?

A

14 days before final hearing

580
Q

What disclosure is required on fast track?

A

Standard n265 disclosure

581
Q

In the multi track, when must parties file their disclosure reports and when must the seek to agree disclosure?

A

14 days before cmc.
7 days before cmc.

582
Q

Can a legal representative sign the disclosure statement on behalf of their client?

A

No

583
Q

What is form n244 used for?

A

Request for disclosure

584
Q

When will a summary judgement be entered?

A

No real prospect of success or no other compelling reason as to why it should be heard.

585
Q

When is court permission required for summary judgement?

A

If judgement required before service of defence or acknowledgment

586
Q

How much notice must be given for a summary hearing?

A

14 days before hearing

587
Q

How long is there for the respondent to file and serve written evidence before a summary judgement hearing? What about the applicant in response to this?

A

Must serve 7 or more days before hearing to serve written evidence. 3 days or more before hearing the applicant can serve further evidence in response.

588
Q

What is required for a freezing or search order to be issued? What court will issue?

A

Affidavit evidence.
High court

589
Q

When can an interim payment be applied for? (Time)

A

At least 14 days before hearing, and after the time for acknowledgement of service is over

590
Q

When can an interim payment be applied for? (Reasons)

A

The other party has admitted liability, or the claimant has obtained judgement for damages, or the court is satisfied that the claimant will receive substantial costs at court.

591
Q

How much will an interim payment be?

A

Reasonable proportion of likely amount of final costs and must consider contributory negligence and counterclaims.

592
Q

If it is alleged that a claim is time barred under the limitation act, who has the burden of proof?

A

The claimant

593
Q

What is a pet 20 claim?

A

Add a third party to the claim

594
Q

If amendments to the SOC are required when they have already been filed and served, what is required?

A

Must have written consent of all parties, or permission of the court

595
Q

When will the court allow amendments to the SOC after the expiry of the limitation period?

A
  1. Add or substitute new claim if facts are substantially similar
  2. Correct a genuine mistake as to the name of a party
  3. Alter the capacity of a party
596
Q

What form is required for an interim application?

A

N244
Draft order must be attached

597
Q

When must an interim application be served by?

A

3 clear days before hearing (don’t forget the 48 hours of deemed service)

598
Q

How long does the respondent have to reply to an interim application?

A

7 days of service

599
Q

How long to pay costs?

A

14 days

600
Q

When will QOCS kick in?

A

If court gives permission and backed by insurance.

601
Q

How long does a defendant have to respond to a letter before claim?

A

3 months

602
Q

What must a letter before claim be?

A

A genuine attempt to settle

603
Q

What must a claim form be served with? If not, how ,long does the claimant have to serve these on the defendant?

A

Particulars of claim and a response pack. 14 days.

604
Q

When must a certificate of service of claim form be filed?

A

21 days of service of the particulars of claim if the client serves it themselves, unless all parties have already submitted an acknowledgement.

605
Q

What are statements of truth included in?

A

Statement of case, response, application notice, notice of objections.
Witness statement.
Costs budget

606
Q

What is the placing for interest on a specified claim? And unspecified? In the particulars of claim

A

State total rate and daily rate.
State a general pleading of interest the courts sees fit

607
Q

When must a costs budget be prepared in the form of precedent H?

A

If costs of the party are no more than 25k or the total claim is less than £50k only first page needs to be submitted.
All pages in other situations.

608
Q

What precedent is used for the budget report?

A

Precedent R

609
Q

What happens if a party fails to file budgeted costs?

A

Deemed to have only filed applicable court fees

610
Q

What does a notice of proposed allocation require the parties to do? When is this issued?

A
  1. File and serve on all parties a directions questionnaire
  2. File proposed directions for fast track and multi track cases
  3. Fix a date for a cmc
  4. File budgets costs

After filing of defence

611
Q

When must the directions questionnaire be filed by?

A

28 days from service if the notice of proposed allocation

612
Q

When must proposed or agreed directions be submitted by?

A

7 days before cmc

613
Q

When should a disclosure report be filed by? When must a proposal for disclosure be agreed?

A

14 days before cmc
7 days before cmc

614
Q

When must inspection of documents be allowed?

A

7 days from service of request to inspect

615
Q

What are the three disclosure sections?

A
  1. Open disclosure
  2. Objected disclosure
  3. Not in control of these documents
616
Q

When is privilege waived?

A

If referred to in statement of case, final submitted witness statements, limited waiver

617
Q

What must be submitted with an interim application?
When must these be served by

A

Application notice, fee, evidence, draft order, Skelton argument for high court

3 clear days before hearing

618
Q

When must a pre trial checklist be sent to parties?

A

At least 8 weeks before trial.
14 days before specified date for filing in the directions.

619
Q

Is there an automatic right to appeal?

A

No must have court permission. Appeal to same court or higher court.

620
Q

Are regulations (EU) retained?

A

No unless acknowledged by a uk or eu court or tribunal pre icpd

621
Q

What is the deadline for claims under eu law?

A

2 years post icpd

622
Q

How can a trustee delegate their responsibilities and for how long?

A

By deed with notice to other trustees. Max 12 months

623
Q

What are the three requirements for wheeldon v burrows?

A
  1. Continuous and apparent
  2. Enjoyed by landowner when they owned both parts of the property
  3. Necessary for the enjoyment of property
624
Q

When must PRs pay pecuniary legacies by?

A

At end of executor’s year

625
Q

What interest is payable from date of death in regards to legacies?

A

Satisfaction of a debt, land, money to a minor with no other funds or maintenance to a minor with no other funds.

626
Q

When must an IHT205 be submitted?

A

For exempt estates prior to 01 Jan 2022

627
Q

If using s19 how many trustees must be left?

A
  1. If not, the retiring trustee must be replaced
628
Q

What section gives trustees power to advance capital?

A

S32 tlata

629
Q

If capital is to be advanced, who needs to provide permission?

A

Life beneficiary in writing

630
Q

What is a quistclose trust?

A

Money lent for a specific purpose

631
Q

When can a lien be asserted?

A

If a mixed fund asset’s value decreases

632
Q

Who needs to agree to end a trust?

A

All beneficiaries

633
Q

What is a resulting trust?

A

Payment towards purchase price of house

634
Q

What is a common intent trust?

A

Common intent and payment towards mortgage etc,

635
Q

When does the presumption of advancement work?

A

Parent to child

636
Q

When must agree to allow trustee remuneration?

A

Other trustees

637
Q

What are the conditions to replace a trustee?

A

All beneficiaries Sui juris and agree

638
Q

What section gives the power for a beneficiary to remove a trustee?

A

S19

639
Q

What is a non charitable purpose trust?

A

Has a purpose for ascertainable beneficiaries with a tangible benefit and the legacy can be used at once

640
Q

What is a charitable trust?

A

Has a charitable purpose, is exclusively charitable and has sufficient public benefit

641
Q

What happens to a will if the testator did not have capacity?

A

It is void

642
Q

Who has the burden of proof for proving a will is valid? And if it is challenged?

A

The person asserting its validity. The challenger.

643
Q

What is required if there is no attestation clause?

A

An affidavit from witness or someone present at time or evidence of testator’s handwriting.

644
Q

What is the rule in strong v bird?

A

The trustee becomes executor and trust constitutes

645
Q

When are assets determined?

A

At date of death

646
Q

When are beneficiaries determined?

A

At time of will

647
Q

How long must spouse survive testator for to get residue?

A

28 days

648
Q

If intestate, what does the spouse receive?

A

All chattels, statutory legacy of £270k and 1/2 residuals. Other half to issue.

649
Q

When can cohabitants claim under IPFD Act?

A

Living together for 2 years as spouse

650
Q

How long has the court for to cold gifts if they were made for the purpose of avoiding the IFPD act?

A

6 years

651
Q

How many executors can apply for probate?

A

4

652
Q

When is the minimum number of PRs required 2?

A

Selling land, minor or life interest only

653
Q

How many copies of will should be sent to probable registry?

A

2 a4 copies and the will and codicils

654
Q

Can a PR renounce their role?

A

Yes but only if they haven’t intermeddled. Remain trustee

655
Q

What form is required to renounce?

A

PA15

656
Q

When an executor is appointed by the courts who is preferred?

A

Residuals beneficiary

657
Q

Who is preferred when appointing administrators?

A

Spouse

658
Q

When canPRs be released from liability for breach of trust?

A

Express clause in will or the court decides that they acted honestly and ought fairly to be excused

659
Q

What is a caveat and how long does it last?

A

Freeze on issue of grant. 6 months

660
Q

How long does a caveat or have to submit representations?

A

8 days

661
Q

What is a citation?

A

Compels issue of grant

662
Q

How long must the PRs wait before distributing estate to be protected from unknown creditors or beneficiaries? And from IFDP Act?

A

2 months from ads
6 months

663
Q

What protects PRs from missing beneficiaries?

A

Benjamin order

664
Q

How long does the hmrc have to request extra IHT information?

A

60 days from issue of grant

665
Q

If an initially exempt or excepted estate turns out not to be how long do the PRs have to correct this?

A

6 months

666
Q

Is there relief if assets are sold for less than value at date if death? IHT
What must the loss be?

A

Yes £ if sold within 12 months of death, relief can be claimed.
£1k or 5% of the valuation

667
Q

What is the time limit to claim for relief due to loss of value of asset? IHT

A

5 years from death
4 if land
Total time limit is 7 years

668
Q

What is an exempt estate?

A

Less than £3m gross value and falls within nrb

669
Q

When is a grant of probate not required (estate value)?

A

Simple estates with no asset over the value if £5k

670
Q

When must an iht400 be submitted by?

A

12 months from end of month of deathb

671
Q

What is the time limit for reading IHT back into the will?

A

2 years of death

672
Q

How do you read back IHT?

A

Must be in writing, signed, state s142 applies and for no consideration

673
Q

What form is required for the direct payment IHT scheme?

A

Iht423

674
Q

What is an excepted estate from IHT?

A

Must be in uk, estate cannot be more than £250k, only £100k can be outside uk, does not exceed nrb, pets are under £250k

675
Q

What will a spouse not receive as chattels on intestacy?

A

Shares, business property, investments

676
Q

How long does a spouse have to exercise their right to the matrimonial home?

A

12 months from grant

677
Q

How long does a killer spouse (not murder) have to challenge forfeiture?

A

3 months

678
Q

What is the time limit to deal with a client complaint?

A

8 weeks

679
Q

Who cannot complain to the LeO?

A

Companies unless they are micro entities

680
Q

What is the max compensation from the Leo? And the personal penalty?

A

50k.
2k

681
Q

When can you enforce a non con bill?

A

1 month from service

682
Q

When can a solicitor not accept a gift? When is it significant?

A

£500+ consider if significant.
1% of client net asset value, value in future, disproportionate

683
Q

What is the 2 stage test for solicitor dishonesty?

A

Stage 1 subjective - genuine belief

Stage 2 - objective - ordinary standard

684
Q

How long does a district judge have to have practised for? And circuit?

A

5 years
10 years and has been a recorder or circuit.

685
Q

What are the 4 jr grounds for procedural impropriety?

A

Bias, lack of reasons, fair hearing, natural justice

686
Q

What are the conditions for bringing a jr claim?

A

Sufficient interest against a public body within 3 months and without undue delay.
Hra requires direct victim

687
Q

When was iIPCD?

A

31 December 2020

688
Q

Are regulations retained law?

A

No not unless already recognised by uk or eu court or tribunal

689
Q

When can a chief officer request a ban if an assembly?

A

Trespassing assembly of 20+ people

690
Q

When can meetings be banned?

A

By local authority with support of SOS

691
Q

Can CGT losses be carried back?

A

No, only forward

692
Q

Can CGT annual exemption be carried forwards?

A

No, can only be used in that tax year

693
Q

When does the inequitable defence work for receiving trust money?

A

Innocent volunteer and funds used to add value to an asset in existence

694
Q

On what grounds would a civil court allow an appeal?

A

Wrong or unjust due to procedural irregularity

695
Q

Is it the buyer or the seller who is liable to pay compensation under the SCPCs?

A

Buyer only

696
Q

When is an option for land binding on a buyer?

A

Registered as a charge

697
Q

To be a misrep the comment must be…

A

One of fact and not a reasonably held opinion

698
Q

How long does a claimant have to accept or reject a part admission?

A

14 days from part admission

699
Q

Who does the crown court bind in precedent?

A

No one. It is only persuasive

700
Q

When should exchange of witness statements take place? Civil

A

10 weeks from date of allocation

701
Q

If consultant invoice is addressed to the firm, what is this method called and what entry will be on client ledger?

A

Principal method. Tax exclusive sum

702
Q

What juveniles can be placed into a youth accommodation facility?

A

12-17. Protect public or prevent further imprisonable offences. Punishable by 14 years by adult defender

703
Q

Who can claim bereavement under fatal accidents act? What about loss of earnings? How long to bring claim? Who can claim for financial dependency? What else can be claimed?

A

Spouse cp co habit etc

3 years

Wider. Children as well. Brothers sisters etc.

Funeral expenses can be claimed if not claimed under law reform act.

704
Q

What is claimable under law reform misc act for a fatal accident? Deceased estate must claim

A

Reasonable funeral paid for by estate, destroyed property belonging to spouse, survival loss of amenity

705
Q

What unregulated bodies can provide rights of audience and litigation services?

A

Not for profit organisation or community interest company

706
Q

When must a loan to a director to meet expenditure on behalf of the company be authorised?

A

Over 50k

707
Q

When is a claim form deemed served? And other docs?

A

2nd business day.
Same day if before 4:30 if not, next business day. If not, 2nd business day

708
Q

When is

A
709
Q

When are Gm notices deemed served?

A

48 hours from post, email, fax. Then and there if by hand

710
Q

Who brings a breach of duty claim against directors?

A

Company. Not shareholders

711
Q

Is directors borrowing money rather than creating equity to retain control proper purpose?

A

No. Is a breach

712
Q

When can a repayment of a debt as a preference be set aside?

A

6 months unconnected, 2 years connected.
An old friend is not an associate.

713
Q

If an old partner that has retired does not have knowledge that they are being represented on stationery after requesting its destruction, are they liable.

A

No

714
Q

Are there pre emption rights for non cash consideration?

A

No

715
Q

Who can apply to have transactions at an undervalue set aside ion bankruptcy?

A

Trustee in bankruptcy

716
Q

If in an IVA who can petition for bankruptcy if there is a transaction at an undervalue?

A

Supervisor or creditors

717
Q

What percentage of shares is required for it to be a substantial property transaction to another company?

A

20%

718
Q

What must be outstanding debt wise for a sole trader to be issued a stat demand?

A

5k

719
Q

How long does the matrimonial home remain with the interests of the family in bankruptcy?

A

1st year

720
Q

How are dividends decided and declared.

A

Decided by board, declared by OR

721
Q

Who are not connected persons for the purposes of transactions to be set aside?

A

Brothers sisters grandparents

722
Q

How long is there to challenge gifts before the onset of insolvency?

A

Within 5 years of the bankruptcy petition

723
Q

What 3 classes are very unlikely to be able to consent for volenti to work?

A

Rescuers, employees, suicide.

724
Q

When may volenti work in driving offences?

A

If they take they risk even though the danger is so obvious it is like walking off a cliff

725
Q

What are the 3 exceptions to promises to pay less not waiving the obligation of full payment?

A

Pinnels case (different thing, place or earlier) is good consideration.
Part payment by a 3rd party.
Promissory estoppel.

726
Q

When does estoppel cease?

A

Reasonable notice or circumstances for estoppel end

727
Q

What do you claim for in reliance interest?

A

Pre breach losses only

728
Q

What happens if the legacy in a will is crossed out?

A

If amendment signed by testator and two witnesses, valid.
If amendment invalid and wording is still apparent, will take effect as if not amended.
If obliterated it will not take effect unless there is substitute wording.

729
Q

Must a retiring trustee be replaced?

A

Yes, by deed if possible as this vest powers in them (apart from shares etc)

730
Q

When does s39 tlata allow for a trustee to retire without being replaced?

A
  1. 2 trustees must be left
  2. Must retire by deed
  3. Other trustees consent by deed
731
Q

What does s36 tlata allow existing trustees to do?

A

Replace a trustee

732
Q

When can s19 be used by beneficiaries to force a trustee to retire?

A

2 or more trustees left. Replaced or remaining trustees consent by deed.

733
Q

In what 3 circumstances can the COA depart from its previous decisions?

A
  1. Previous conflicting decision of its own
  2. Decision cannot stand with House of Lords
  3. Per incuriam
734
Q

When can pure economic loss be claimed for in tort?

A

Special relationship

735
Q

Can a bankruptcy restriction undertaking and order be simultaneous?

A

No. One or other

736
Q

Is land a specified investment for fsma?

A

No

737
Q

Are eu principles of law retained?

A

Yes if recognised pre brexit but courts not required to disapply legislation due to conflict with these principles

738
Q

Does tHe COA criminal division hear summary offence appeals?

A

No only indictable

739
Q

When must costs budgets be filed if the claim exceeds 50k?

A

21 days before cmc

740
Q

What dates cannot be changed in a civil timeline?

A

DQ, CMC, pre trial checklist, trial , pre trial review

741
Q

What are the consequences of not filing a DQ?

A

Money claim in CC: 7 days to comply or struck out automatically
All other cases: court will order as appropriate

742
Q

What are the contents of a special caution?

A
  1. What offence
  2. What fact
  3. That officer believes was due to participating in offence
  4. Adverse inference
  5. That is being recorded and will be used as evidence
743
Q

What is unfair prejudice?

A

Company affairs conducted in an unfairly prejudicial way against member interests, and actual or proposed act = prejudicial

744
Q

What are the two tests for unfair prejudice?

A
  1. Unfairness = objective test by court looking at overall background
  2. Prejudice = tangible detriment to be proven by claimant

SQE (3 decks)

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