FLK 1 Legal Services All

Question 1

What are protected characteristics per Equality act (9)

Answer 1

• Age
• Disability ( mental/ physical)
• Gender reassignment
• Marriage/ civil partnership
• race
• religion/ belief ( even gender biased beliefs)
• sex ( man/ woman- transitioning)
• sexual orientation
• Pregnancy/ maternity (begins at pregnancy, ends 2 weeks after birth/ end of pregnancy) (breast feeding is prodtected as a matter of sex)

Question 2

definition of sexual orientation under s12 EA 2010

Answer 2

sexual orientation towards persons of the same sex and/ or the persons of the opposite sex.

Question 3

What is ‘tipping off’ s333A Proceeds of Crime Act 2002

Question 4

How is CFA calculated

Answer 4

% in addition to base fee/ regular fee.
eg 10% succes fee means +10% on reg fee; $100 per hr = $110p/h

Question 5

Reqs for a valid CFA

Answer 5

S 58 CLSA 1990
1- Related to civil litigation except family matters

2- must be in writing

3- must state the percentage payable

cannot exceed 100% generally
personal injury cannot exceed 25% on general damages recovered

Question 6

FSMS s327 exemption?

Answer 6

A solicitor can provide incidental advice as long as the professional service and regulated activity are provided to the same person

Question 7

What is the takeover exlusion

Answer 7

• applies to a transaction to acquire or dispose of shares in a body corporate if the shares include ‘50% or more’ of the voting shares and is ‘between parties each of whom is a body corporate, a partnership, a single individual or a group of connected individuals’.

Question 8

List of reserved legal activities

Answer 8

s12 Legal services act: Right of audience
conduct of litigation
reserved instruments- real estates, docs related to court
oribate activities
notary
administration of oats

SAR- can do all except notary

Question 9

Are companies vicariously liable for employee discrim

Answer 9

yes S109 EA 2010 as so long as it occurs in the course of their employment. Defence- if they took reasonable steps to prevent such as training- must have occured before the offence.

Question 10

Who can bring a claim for discriminiation

Answer 10

EA 2010- only someone affected by discirmination.

Question 11

RAO 2001 exclusions? (6)

Answer 11

Introducing
using Authorised 3rd party ATP
acting for an excution only client
acting as trustee or personanal rep
Professional necesary exclusion
Takeover exclusion

Question 12

Situation for getting seinor management apprval?

Answer 12

when dealing iwth a politically exposed person

Question 13

Can firm hire a disabled where 2 candidate, generally equal?

Answer 13

Yes, under Section 159 of the Equality Act 2010, an employer can hire a candidate with a protected characteristic if:

The employer reasonably believes people with that characteristic are disproportionately under-represented in the workforce or face disadvantages.
The candidates are equally qualified overall (not solely based on exam results).

Positive action* is voluntary, not mandatory*.
This does not involve setting quotas, which ** are unlawful.**

Question 14

requirement to conduct reserved legal activities under sra for freelance solicitors

Answer 14

Only carry out non reserved legal activities
any reserved activities are done through an

authorised body

and
freelance solicitors need to have three years post qualification experience and possess appropriate and adequate professional indemnity insurance

Question 15

Requirements for right of audience in higher courts.

Answer 15

admitted to role and get practicing certificate and
complete the Higher court civil/ criminal advocacy qualification

Question 16

Tests for legal aid qualification

Answer 16

1: Is the case within scope?

**available only for **
Homelessness.
Domestic abuse-related family cases.
Discrimination cases.
Immigration and care proceedings.
Excluded areas:
Most personal injury claims, business-related disputes, and family cases like divorce or child arrangements (unless domestic abuse is involved).
Cases suitable for Conditional Fee Arrangements or insurance-funded litigation.

Exceptional Funding:
Available if refusal breaches the client’s human rights or the interests of justice demand it (rare).

2: Does the client meet the merits test?

Sufficient benefit test (Legal Help): Is the work justified by the client’s personal circumstances?
Legal Representation test:
Case prospects of success must generally exceed 50%.
Monetary claims: Does the likely outcome justify the costs?
Non-monetary claims: Would a reasonable private client fund the case?

Step 3: Does the client pass the means test?

Capital limit: Civil cases: £8k (£3k for immigration).

Income limits:
Gross monthly income: Must be ≤ £2,657 (slightly higher if 5+ children).

Disposable income: Must be ≤ £733/month after deductions.

Automatic Qualification:
Clients on benefits (e.g., Universal Credit) qualify based on income but must still meet the capital available test.

if 3000 cap and more than 315 disposable may have to contribute for costs.

Question 17

what si the statutory charge in legal aid

Answer 17

they get back their money:
from loser fees, if outstanding from the awarded amount, will also retain any contribution given in the preceedings.

if house/ land will place a charge at land reg to get money when sold.

Question 18

Criminal legal aid tests:

Answer 18

Free Advice at Police Station

Everyone (arrested or attending voluntarily) gets free legal advice at the police station, regardless of means.
Solicitors are paid a fixed fee under the Police Station Advice and Assistance Scheme.

Duty Solicitor Scheme

Available in police stations and magistrates’ courts for those without their own solicitor.
Duty solicitors cannot refuse cases, even if low-paying.
Costs are claimed under the Advocacy Assistance Scheme.

** Application for Legal Aid**

The defendant must pass two tests to qualify:
Interests of Justice Test:
Risk of losing liberty, livelihood, or reputation.
Complexity of law or case.
Client’s ability to understand or present
Need for tracing/examining witnesses or representing sensitive cases.
some other reason client states

Automatic qualification: if Under 18 years old. Crown Court cases.

Means Test:
Automatic qualification for clients under 18 or receiving welfare benefits (e.g., Universal Credit).
For others:
Adjusted income thresholds:
≤ £12,475: Eligible.
£12,475–£22,325: Full means test required.

≥ £22,325: Not eligible (except for Crown Court cases).

Disposable income limits:
Magistrates’ Court: ≤ £3,398.
Crown Court: Contributions may be required if income is between £3,398 and £37,500.