deck_16357815

Question 1

he literal rule

Answer 1

Read the words in their ordinary, usual way. If the words are clear and obvious, then Parliament intended
them to be used that way.
Example: an Act makes it illegal to wound another person “with a weapon”. Someone bit someone with
their teeth. Are teeth a weapon? Usually, a weapon is an instrument. Teeth are therefore not a weapon.

Question 2

The golden
rule

Answer 2

This is used to avoid uses of the literal rule which make ridiculous results. It is an extension of the literal
rule.
The definition of the golden rule is therefore to give words their plain, ordinary and usual rule (as per the
literal rule) as far as possible but if that means that the words don’t make sense then take the words in
the context of the Act as a whole and try and give the words the meaning Parliament must have intended
them to have without changing the words completely.

Question 3

The
mischief
rule

Answer 3

this examines the original purpose of the Act. The court asks 4 questions:
1. What was the common law before the Act was made?
2. What was the issue (or mischief) that the common law didn’t provide for and the Act is trying to cover?
3. What remedy for the mischief had Parliament intended to provide?
. What was the real reason for Parliament adopting that remedy?

Question 4

The
purposive
approach

Answer 4

This involves interpreting an Act to give effect to its general purpose.
It is the main approach used today. When examining what the general purpose of Parliament might have
been in passing the Act, the courts can consider the law previously, the social and political context in which
the Act was passed, and the courts are more willing to use external sources like government explanatory
notes (which can be used by the court freely) or Hansard - see below.
It s very general: allows the court to see what the purpose of the Act is and use that purpose to make the
words cover actions which should be illegal (or not) under the law.

Question 5

Eiusdem generis = of
the same kind

Answer 5

When there is a list of generic but non-exhaustive items. Characterised by a list followed by the
words “or other things”.
You must identify what is included in the list. To do so, see what kind of items formed part of the
list, and then add items which are similar or of the same kind, or in other words, are of the same
category.

Question 6

Express10 un*us est
exclusio alterius = to
express a list of
specific things
would mean that
you exclude other
things of the same
type.

Answer 6

This means that where you have a list of specific things, and there is no “and other such things” at
the end of the list, then you can’t include something which may be of the same category. In
other words, there is a specific list of things for a reason, and the language “and other such
things” is not included because we are only meant to have that specific list.
So, where you have a list of items with no general words that follow, then only those items
apply.

Question 7

Nosciitur a sociis =
Interpret a word by
its place in a phrase
or sentence. The
words derive their
meaning from the
other words
surrounding them.

Answer 7

When looking at the meaning of a word which is in a list or placed with other words, see what
those other words mean to identify what your word means.

Question 8

JR

Answer 8

Question 9

Ordinary SH res

Answer 9

® Appointment or removal of a director or auditor
® Adoption of the annual accounts and the reports of the directors and auditors
® Approval of a declaration of dividends
® Approval of the directors’ decision to allot shares
® Approval of substantial property transactions
® Substantial Property Transactions (‘SPTst) involving directors with a personal inter-est (more than £IOO,OOO or more than €5,000 and the contract value exceeds 10% of the company’s assets)
® Ratification of a director’s breach of duty
® Entering a service contract with a director for more than two years
® Making a loan to a director
Giving a director a payment for loss of office (essentially, giving a director a gift after leaving office)

Question 10

Specail SH res

Answer 10

® Most decisions to buy back company shares
® Changes to the company’s articles of association
® Changes to the company’s name
® Deciosn to disapply pre-emption right

Question 11

Corp tax

Answer 11

19% for profits below 50K and 25% above 250k

Question 12

IHT

Answer 12

40%

Question 13

CGT

Answer 13

CGT rate is 10% (in basic rate band) or 20% abiove
More for resi property

Question 14

Busienss asset dispsoal relif

Answer 14

GA or ST at least 2 years before dispsoal
Sahres in a company if they own at leaat 5%
Taxed at 10% with liftime limit of 1mil

Question 15

• Pre action - Limitation
  Tort with no PI

Answer 15

§ 6 years from that tort occurred
6 years from knowledge of the tort

Question 16

• Pre action - Limitation
  PI

Answer 16

§ 3 years
§ If the vivctiom died winthin 3 years of the tort
□ 3 years deom the death
□ 3 years from the reps knolege of the tort
Statue barred if died after 3 years

Question 17

○ Defects in property - limitation

Answer 17

§ 6 years from accurual of action OR
§ 3 years form the date on which the climant knew
15 years longstop - from the act or omission that caused the damage

Question 18

Claiom form must be served within?

Answer 18

Claiom form must be served 4 months form the date of issue
6 moths outside juris

Question 19

Contract limiataion`

Answer 19

6 years from breach
12 years deed

Question 20

Repsonding to a claim

Answer 20

14 clear days to reposnd
Claimant may obtain judgenat if no response
From deemed service (+2 days rule)

Question 21

small claims

Answer 21

□ Up to 10k (5k RTA, 1.5k fpr PI, 1k for landlord tenennat)
Fixed costs and expenses, expert fees limisted to 750

Question 22

fast track `

Answer 22

□ 10k-25k
□ Most evidence is written
□ Witness evidence stands anas evidne in chief
Summary assemnst of costs

Question 23

Multi track

Answer 23

□ Cases with at alest 25k
® OR where tril will last more than 1 day
□ Partes expected to agree directions
CMC and diretiosn hering can be combined

Question 24

appeal timline

Answer 24

21 days to appeal

Question 25

Damages based agreement

Answer 25

§
□ If they win they are entitled to a % of the client’s recovery
□ Defendant would pay the standard costs
Cannot exceed 25% if the damages in PI cases and 50% otherwise,

Question 26

SRA inmsurance

Answer 26

The insurance must be adequate and appropriate.required minimum coverage level required by the Solicitors Regulation Authority

Question 27

Reatined EU case alw

Answer 27

CoA and SC - wher it appers rtight to do so

Question 28

Dovultion and EU law

Answer 28

may ovreride in areas of competence

Question 29

Primacy of retained EU law

Answer 29

only over domestic leg enated bre brexit (dec 2020)

Question 30

Nitice of SH meeting

Answer 30

14 clear days + 2 day deemd delivery
(21 for agm)

shorter notice if agreed to by
90% private
95% non traded public

Question 31

poll vote

Answer 31

□ May be requeted by
® 5+ SHs; OR
® 10% of vosting rights; OR
10% paid up capital

Question 32

Novel duty situation

Answer 32

□ Claimant is a foreseeable claimant (defendant’s conduct causes foreseeable risk of harm)
□ Relationship of sufficient proximity
Fair just and reasonable to impose duty

Question 33

Loss of depandancy

Answer 33

nder the Fatal Accidents Act 1976, the following are eligible to claim in the name of the executor or administrator of the deceased’s estate (known as ‘dependants’ ):
* a spouse or former spouse of the deceased, or person who was living as the spouse of the deceased, in the same household immediately before the date of the death and had been so living for at least two years;
* any parent or other ascendant of the deceased or person treated by the deceased as his parent;
* any child or other descendant of the deceased or any person who has been treated as a child of the family in relation to any marriage of the deceased; and
* any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

Question 34

breivment

Answer 34

® Spouse or cohabiting partner of 2+ years
® Or deceased parents of under 18 and never married
Children not entitled to Bereavement damages

Question 35

Private nuisance

Answer 35

§ Conflicting uses of land that unreasonably and unlawfully interferes with the claimants use and enjoyment of their land
§ The interference can be
□ Physical damage caused by flooding, vibrations
□ Damage to enjoyment, noise, dust
□ Encroachment, tree branches
□ Intangible damage such as noise or smells may not be sufficient for a neg claim but could be for Nuisance
® PI is not claimable under Nuisance
§ Must be unreasonable
□ Intensiaty and duration of Nuisance
□ Charater of the neibhourhpopd and allaged Nuisance
□ If the claimant is abnormaly sensitve it is not Nuisance
□ Whtehr the Nuisance is undertaken with malice
Must be forseeable

Question 36

Rylands v fletcher

Answer 36

§ Imposes strict liability for escape of a dangerous thing from a non-natural use of the land
§ Condiations
□ Defendnat must bring sometying onto the land likley to cause harem
□ Non natural use
□ The gantered thing does escape and cause damage
Limited to foreseeable damages

Question 37

Causation

Answer 37

§ Breach caused the claimant’s injury
§ On the balance of probabilities, but for the defendant’s breach of duty claimant would not have suffered harm
§ Multiple causes - breach of duty must have Materially contributed to harem
§ intervening acts that break the chain of causation
□ Only if intervening act was unforeseeable

Question 38

Remotness

Answer 38

The loss C has suffered must have
been a reasonably foreseeable
result of the defendant’s actions in
the circumstances known to D at
the time.
The kind of damage must
foreseeable but not the amount.
The egg-shell rule operates.

Question 39

Public nuisnce

Answer 39

Question 40

ECHR

Answer 40

Article 2
Right to tife
Article 3
Prohibibon Ot
Article 4
Prohibition ot Slavery and
Servitude
Article 7
Prohibition on Retrospective
Criminal Offences

Question 41

absolute rights

Answer 41

Article 2
Right to tife
Article 3
Prohibibon Ot
Article 4
Prohibition ot Slavery and
Servitude
Article 7
Prohibition on Retrospective
Criminal Offences

Question 42

Limited rights

Answer 42

Article 5
Right to Liberty ard
security
6
Right to a Fair Trial

Question 43

QUalified rights

Answer 43

Article 8
Right to for
Private and Family Lite
Article 9
Freedom ot Thought,
Conscience, and Religion
Article 10
Freedom ot Expression
Article
Freedom of Assembly
Ond Association
Article 12
Right to Marry
Article 14
Prohibition of
Discrimination
Article 1
Right to Property
1, Article 2
Right to Education
1, Article 3
Right to Free
protCE0113, Article 1