FLK1 Flashcards
1
Q
when may promissory estoppel be brought
A
used as a defence when:
- promise was reasonable
- party detrimentally relied on it
2
Q
innocent misrepresentation
A
false statement of material fact by D, who was unaware at the time that the statement was untrue
3
Q
what is the effect of duress on a contract
A
renders it voidable
4
Q
when must a state liability claim be issued under retained EU law
A
within 2 years of IP completion date
5
Q
what 4 things need special resolution
A
- altering articles
- disapplying pre-emption rights
- reduction in capital / buyback from capital
- changing company name
6
Q
IP completion date
A
31st December 2020
7
Q
how to demand a poll vote
A
own 10% of shares
8
Q
can employers delegate duty of care?
A
no
9
Q
how do costs work with part 36 offers where the claimant wins less than offered?
A
interest is not incurred up to the expiry period. D will pay costs up to then. C must pay any costs after including interest.
10
Q
what duty arises when making an application without notice
A
full and frank disclosure
11
Q
what is excluded from loss of earnings calculations
A
- ill health pension
- insurance payments
- charitable payments
12
Q
JR requirements
A
- standing
- victim (if HR claim)
- within 3 months
- without undue delay
13
Q
what is the mischief rule
A
where the court looks at the aims of the legislation in remedying a problem
14
Q
what is the purposive rule
A
where there is a broader social, economic or political factor which has influenced the judges
15
Q
what is the golden rule
A
where the literal rule would lead to absurdity or inconsistency with the purpose of the statute
16
Q
when is the high court not bound by past decisions
A
- if 2 previous decisions conflict
- if a previous decision conflicts with the supreme court
- if a past decision was given before new info (per incuriam)
17
Q
is the success fee recoverable fro man opponent?
A
no
18
Q
what conditions can police impose on processions
A
any that are proportionate to avoid serious public disorder
19
Q
where does roll-over relief on incorporation apply
A
where a business is transferred as a going concern with all of its assets
20
Q
when can a PI claim be issues in the high court?
A
when C expects to recover £50,000 or more
21
Q
when does a company change of address take effect
A
in the date when registered by Registrar, but the previous one remains valid for service for 14 days
22
Q
what is the general rule in sale of goods contracts
A
caveat emptor
23
Q
when is opinion evidence inadmissible
A
when it discusses who is to blame
24
Q
when is a mistake insufficient to affect validity of contract
A
when is it mistake as to an attribute rather than identity
25
what is the effect of a costs management order?
the court will only depart from budgeted costs on the standard basis if there is good reason to do so
26
what are the requirements for costs on the standard basis
they must be both reasonable and proportionate
27
what are the consequences for failure to respond to proposed ADR
a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties and
(b) an order that the party at fault pay those costs on an indemnity basis.
28
when a director has an interest in a transaction, can they vote in a board meeting approving it?
no, they cannot count in the quorum or vote.
29
which way is doubt resolved on the indemnity basis
in favour of the receiving party
30
when should witness statements be exchanged on fast track
10 weeks from the date of allocation
31
can a director vote to ratify their own breach?
no
32
what are the options for statements of value in the high court
the claimant expects to recover:
over £50,000 (PI claim)
over £100,000 (all other claims)
33
what are the options for statement of value in the county court
whether they expect to recover:
∘ not more than £10,000; or
∘ more than £10,000 but not more than £25,000; or
∘ more than £25,000; or
* they cannot say how much they expect to recover.
34
is a director's failure to declare interest in a transaction an offence?
yes
35
can terms be implied into a partnership by general conduct?
yes
36
can an agreement in mediation be automatically enforced?
no because it is not automatically binding, although you may sue for breach of contract.
37
is mediation always the best first option?
not where a court-ordered remedy is required, such as an injunction
38
what happens where the defendant fails to file a costs budget with a directions questionnaire?
D will be treated as having filed a budget comprising only court fees, unless court orders otherwise
39
when should a client be directed to the LeO?
when a complaint cannot be concluded to the client's satisfaction through the firm's complaint system
40
can the LeO order compensation where a complaint is unjustified?
yes, if it was not dealt with promptly or the process breached some other rule
41
what is the required wording for a statement of truth?
1.i believe that the facts stated in this [name document being verified] are true
2.i understand that proceedings for contempt of court may be brought against
3. anyone who makes, or causes to be made,
4. a false statement in a document verified by a statement of truth
5. without honest belief in its truth
42
which documents may be diclosed in PArt 2 of the list?
only documents which satisfy the test of legal professional privilege
43
are witness statements subject to litigation privilege?
yes, regardless of how helpful they are. privilege is waived at the next stage on those statements on which the party chooses to rely
44
what is a tomlin order?
a document which stays the claim on agreed terms, allowing certain terms put in the schedule or a separate document that is normally held by the parties’ solicitors in order to avoid publication
45
which terms must appear in a tomlin order?
1. recording the fact there is an agreement
2. stay of proceedings
3. liberty to apply for enforcement without new proceedings
4. payment of costs / detailed assessment
5. signed by the parties' solicitors
46
when must a service contract be approved by shareholders?
when it is for a guaranteed term of over 2 years.
47
which documents are contained in part 3 of disclosure?
those documents which the party is aware exists but no longer has control over
48
is minimisation of loss a defence to wrongful trading?
yes
49
what must parties always do when proceedings are allocated on the multi track?
complete and file a pre-trial checklist
50
how does a party dispute jurisdiction of a claim?
file an acknowledgment of service then make an application within 14 days disputing jurisdiction
51
do hours worked have any impact on the share of income profits in a partnership
no, but previous conduct may
52
how should the financial summary box be completed on the claim form?
with an estimate of what the client genuinely expects to recover
53
how are costs decided in the small claims track?
they are fixed based on the CPR
54
does expert evidence preclude fast-track allocation?
no, so long as it is limited to one expert par party and a maximum of two fields.
55
when should an application for an injuction be made without notice
when urgency is required or there is some reason not to alert the other party
56
what is qualified one way costs shifting?
where in any PI claim, a successful defendant will not usually recover their own costs unless:
- the claimant was fundamentally dishonest
- the claim is struck out for no reasonable grounds, abuse of process or conduct to obstruct just disposal
- where the Part 36 regime applies
57
how should a statement of truth signed by a solicitor by completed?
- it should read "the claimant believes that the facts stated in this [relevant document] are true"
- solicitor must sign in their own name
58
what does the overriding objective require of the court?
that they deal with cases justly and at proportionate cost. they must actively manage cases.
59
what are the minimum execution formalities for a contract to be binding on a company?
to be signed by the company by a person acting under its authority, express or implied
60
when may a debtor pursue a shareholder for unpaid share value?
only when the company goes insolvent
61
what is the purpose of the case management conference?
- review step parties have taken to prepare
- check compliance with any directions already made
- give directions for future conduct
62
when can the defence of consent/ volenti not be relied upon?
when the claim is in by a passenger to a driver
63
when do financial means not preclude breach?
when the risk of accident is high and the seriousness of potential harm is high
64
when do rights granted by an EU directive become retained EU law?
when those rights have been recognised by a UK or EU court or tribunal before IP completion day
65
how are costs assessed on the indemnity basis
they must be reasonably incurred and reasonable in amount, but there is no need for proportionality. any doubts are resolved in favour of the receiving party
66
which prerogative power do the courts not view as justiciable?
the power to make treaties
67
when does terminal carry-back relief apply?
when a company incurs losses in its final 12 months of trading
68
when do you not need to be a victim to bring an HR claim?
when the victim is dead and you are a close relative
69
what obligations are imposed when there is a death at the hands of the State?
implied obligation to investigate and those responsible for the investigation must be independent from those implicated.
70
when does a partner have to account to the firm for personally received profits?
when the profits were received from a business opportunity that was originally offered to the firm without the firms knowledge or consent
71
what are the implications of a personal bankruptcy order?
- cannot obtain credit of £500 or more without disclosure
- cannot be involved in management, promotion or formation of a company without court permission
72
what steps should a claimant take before issuing a claim?
write to the customer with concise details of the claim and disclose key documents.
73
do rescuers consent to risk of injury?
no, not if they were acting to rescue persons or property endangered by D's negligence under a compelling legal, social or moral duty. their conduct must be reasonable and a natural and probable consequence in all circumstances
74
what are the rules for revocation
must be communicated to the offeree and may be communicated through a reliable third party
75
when can a former partner be held liable for a newly incurred debt
if they are still held out as a partner and have not complied with the notice requirements in s36
76
when should a witness be served with a witness summons
when they are essential to the case or have indicated reluctance to attend
77
what is the rule of law
the principle of being equal before the law
78
when is the state liable for failure to implement an EU directive
when the implementation deadline is before exit day and a cause of action accrued before IP completion date
79
how may administration be triggered
- can be commenced by court order following application and a hearing
- or by the company, directors, holder of charge of unsecured creditor filing certain documents at court.
80
can unforeseen illness frustrate a contract?
yes
81
can parliament alter prerogative powers?
yes, by statute
82
what is the salisbury convention
it states that the house of lords will not oppose the second or third reading of legislation which was promised in the elected party's manifesto
83
what is the doctrine of habeus corpus
it states that no one can be detained without a lawful reason
84
what are the requirements for a duty of care to trespassers?
- be aware or have reasonable grounds to believe the danger exists
- know or have reasonable grounds to believe the trespasser is in or may come into the vicinity of danger
- be reasonably expected to offer the trespasser some protection against the risk
85
if the prosecution wish to appeal a magistrates acquittal, where will they appeal to and on what grounds?
to the high court on points of law, by way of case stated
85
who may appoint new directors?
the board or shareholders by ordinary resolution
86
what is required for vicarious liability?
- tort committed in the course of employment
- sufficiently close connection between the job and the tort
- to make it fair and just for the employer to be held liable for the employees actions
87
can you serve by email?
only where the receiving party has expressly confirmed it
88
what makes a substantial property transaction?
- transaction between company and person connected to company (interest over 20%)
- involving a non-cash asset
- of substatial value (£100,000+ or over 10% of net assets)
89
how long does a part 36 offer stay open for?
until the offeror either withdraws it by written notice or terms are changed by written notice
90
where would article 8 rights be given priority over article 10?
where there is a reasonable expectation of privacy and the expression does not contribute to a debate of general interest
91
when does rollover relief on replacement of business assets apply?
when there is a disposal of a qualifying asset and then an acquisition of another qualifying asset within 1 year before and three years after the sale.
92
who can ratify a breach of duty by a director?
shareholders only
93
what must be included in notice for a resolution?
- general nature of the business
- statement of the right to appoint a proxy
- must be given to shareholders and directors
94
when can an offer made to the world at large be withdrawn
when reasonable steps have been taken to withdraw, even if the claimant was unaware
95
when must a part 36 offer be paid
within 14 days of acceptance unless agreed otherwise in writing
96
what is exclusive cognisance?
the power for parliament to determine its own rules and procedures
97
what is a part 20 claim
when a counterclaim is made or an additional party is brought into the proceedings
98
how must very large (profits over 20 mil) companies pay their tax?
in 4 instalments, the first of which is due 2 months and 13 days after the start of the accounting period
99
how much notice must be given for general meetings
14 clear days - plus 48 hours if served by email or post
100
when can a breach of an innominate term justify termination of a contract
when it is sufficiently serious
101
who may claim bereavement damages?
surviving spouse or, where deceased was an unmarried minor, parents
102
where is a crown court decision appealed to
court of appeal criminal division, and client must seek leave to appeal
103
when is a document subject to litigation privilege?
when its sole or dominant reason purpose was for use in anticipated litigation
104
what happens if a claimant doesn't file their directions questionnaire within 7 days of the deadline
the claim is automatically struck out
105
what is the purpose of administration
1. to rescue the company as a going concern
2. to put the creditors in a better position than they would have been by winding up
3. to realise property to may one or more of the secured or preferential creditors
106
for a claim over £50,000, when must the costs budget be filed
21 days before the CMC
107
what is the likely reduction in damages where it was found wearing a seatbelt would have reduced/removed chance of injury?
25% reduction
108
what is the consequence of misrep?
contract is voidable. claimant may receive rescission or damages
109
what is the limit of claims in fast-track?
£25,000 but one for less value may be allocated multi-track if it is complex
110
when is a claim form deemed served?
the second business day after the step required has occurred.
111
when can you serve a defendant's solicitors?
when they have nominated them in writing
112
how long does a claimant have to serve a claim form?
4 calendar months from issue.
113
when is any document other than a claim form deemed served?
if served before 4.30 on a business day, on that day. if not, on the next business day. (where posted, the second day after posting if a business day)
114
what is pure economic loss
monetary loss which has not been caused by personal injury or damage to other property
115
per the PDPAC, how long does a defendant have to respond to a letter before claim?
14 days in a straightforward case and. three months maximum in a complex case
116
how do appeals work after a summary trial?
1. if plead not guilty, D has an automatic right of appeal to Crown Court
2. may then appeal crown court decision to High Court on a point of law as of right
117
what is required for a contract of guarantee?
evidenced in writing and signed
118
what is a recorder?
the most junior level of judge who may preside in crown court on a part-time basis
119
when will the court grant an interim payment?
when they are satisfied the claimant can prove on the balance of probabilities that they would obtain judgment for a substantial amount of money at trial
120
when is a transaction an invalid floating charge?
connected person - two years
unconnected person - 12 months
121
when is a transaction at undervalue?
PERSONAL: 5 years before petition. presumption of insolvency if less than 2 years before.
COMPANY: 2 years before. presumed insolvent if with connected person
122
when is a transaction a preference?
PERSONAL: associate = 2 years, otherwise = 6 months. presumption if associate.
COMPANY:connected = 2 years, unconnected = 6 months
123
can a court question an Act entered onto the Parliamentary roll?
no
124
when can defendants be liable for acts of a third party?
when they have a positive duty to exercise control over them
125
when can a freelance solicitor carry out reserved legal activities?
- three years post qualification experience
- adequate professional indemnity insurance
126
when is a non-party liable for costs?
at the courts discretion but not if they have only a personal interest and are not interested in the outcome
127
how to remove director
- ordinary resolution
- send copy of notice of intention to remove to the director immediately
- special notice = min period of 28 days
128
what is the remedy to a product being sold not of satisfactory quality?
right to return within 30 days and obtain a full refund
129
how can a creditor prove insolvency of an individual?
- statutory demand of £5,000 or more and wait 3 weeks
- if above served in respect of a future liability debtor must show prospect of being able to pay or apply to court to set aside
- obtain court judgment for debt of £5,000 and attempt enforcement
130
when is start-up relief available?
when a taxpayer suffers a loss in any of the first four years of a new business. this can be carried back against the 3 years prior.
131
when do pre-emption rights not apply
- the allotment of bonus shares
- shares issued for non-cash consideration
- shares issued under an employee share scheme
132
what is the only remedy for mistaken identity?
contract may be declared void
133
what is the contra proferentem rule?
the principle that, where a party tries to rely on a clause which is ambiguous or unclear, the court will interpret that clause against them.
134
when can a company change its accounting reference period?
there are no limits but must be 5 years after the end of an earlier extension. cannot extend the period to exceed 18 months. directors may do this.
135
what happens where C rejects a part 36 offer and does not receive more but still wins?
D will pay costs on standard basis
136
how to enforce convention rights against private individual?
sue based on an existing cause of action and ask court to develop it compatibly with convention rights
137
should solicitors keep written records of instructions from clients?
yes. when those instructions are to effect a transaction.
138
when does CGT annual exemption apply
to aggregate gains. not where there is a net loss.
139
when does prosecution have no right of appeal
against an acquittal
140
when will negotiating damages be awarded?
when there is no other financial loss other than the chance to negotiate a release fee
141
what is a justice of the peace
another term for a magistrate
142
what can a party do when a condition of a contract has been breached?
terminate the contract and claim damages
143
what can a party do when a warranty is breached?
claim damages
144
what constitutes a breach of the rule against bias?
that a fair-minded and impartial observer would conclude that there was a 'real possibility' that the decision-maker had been biased
145
who can claim for loss of dependency?
those on the statutory list that are financially dependent (inheritance disregarded)
146
can the police ban a static demonstration in advance?
no
147
how may a party revise their costs budget
submit the variation to the other party for agreement. the court will then decide whether to approve/vary/disapprove
148
which courts can issue a declaration of incompatibility?
high court and above
149
who must attend the CMC
an individual who is familiar with the case
150
what are the reserved legal activities? (6)
- exercise of the right of audience (address a court)
- conduct of litigation (includes ancillary functions)
- reserved instrument activities
- probate activities
- notarial activities
- admin of oaths
151
it is a criminal offence to practice reserved legal activities without authorisation?
yes, max 2 years
152
when is a firm a 'recognised body'
when all managers and interest holders are legally qualified
153
what is the minimum level of professional indemnity insurance a firm should have?
£3 million per claim
154
direct discrimination
- treated less favourably because of protected characteristic
- treatment different from that of a real or hypothetical comparator
155
what is standard due diligence
- ID verified in document from reliable, independent source
- ususally gov doc
- if company, identify any beneficial owner (25%)
156
what is simplified due diligence
must obtain evidence of eligibility
157
when is enhanced due diligence required?(5)
- high risk transaction
- high risk third country
- false/stolen ID docs
- PEP or family member/known close associate
- complex/unusual transaction
158
what is the offence of arranging
any act which assists in the process of money laundering
- may use defence of authorised disclosure
159
when can a nominated officer give consent after reporting to NCA?
- NCA gives consent
- don't hear back in 7 days
- consent refused but given within 31 days/hear nothing further for 31 days
160
what is the offence of acquisition, use or posession?
where the D had no involvement with the crime but enjoys the benefit/proceeds
- authorised disclosure / overseas defences apply
161
what is the offence of tipping off?
disclosing a disclosure / investigation if it is likely to prejudice the investigation
162
when can a client not apply to have their bill assessed by the court?
when it is:
- in writing
- signed by client
- contains all terms of agreement
163
what is the maximum success fee on a CFA
100% of normal charges (max 25% of damages recovered in PI)
164
what is the max fee on a DBA
less than 50% of damages recovered (25% PI, 30% employment)
165
which types of cases cannot be subject to legal aid?
- negligence for PI
- divorce
- family disputes around children
- commercial disputes
166
what is the civil legal aid test?
- merits test: sufficient benefit to client / if legal rep, where prospects of success are over 50%
- means test: capital limit of £8,000, monthly income below £2,657
167
what is the criminal legal aid test?
- interests of justice test
- means test: if on benefits, entitled. otherwise, adjusted income produced (may be required to make contribution in crown court)
168
when can a shareholder not count in a vote?
if their ote makes the difference in:
- where res is to buyback their shares
- ratification of breach where breachor is shareholder
169
when can a general meeting be held on short notice?
where a majority of shareholders with 90%+ of voting shares
170
when does a written resolution lapse?
midnight on 28th day of circulation
171
who can circulate a written resolution?
shareholder with 5% or more of voting rights. company must comply within 21 days
172
what is the max notice period for a general meeting?
28 days
173
what is wrongful trading?
where director knew or ought to have known there was no reasonable prospect of avoiding insolvent liquidation and yet continued to trade
- defence of minimising loss
174
what is fraudulent trading?
where director carries on business with intent to defraud creditors in course of winding up
175
when does a loan to a director not need approval?
- expenditure on company business up to £50,000
- when defending proceedings in relation to company
- minor/business transactions less than £10,000
176
what are the limitations on claims?
- contract or tort = 6 years from cause of action accrual
- PI = 3 years, running from cause of action/knowledge of person injured/18th birthday. no later than 15 years.
177
how do you establish jurisdiction
by serving D in that jurisdiction
178
where should county court money claims be made?
specific = money claim online
unspecified = CCMCC hearing centre
179
what should a claimant do after D admits whole/part
has 24 days to accept/reject
180
what happens if C discontinues?
they will be liable for all costs of proceedings
181
what is a part 18 notice?
a notice for further information
182
when must notice for interim application be served?
3 clear days before hearing
183
when must right to inspection be made?
within 7 days of disclosure
184
burden of proof in civil claims?
on claimant on balance of probabilities, unless D has been convicted of relevant criminal offence
185
when is opinion evidence admissible?
- facts personally received
- expert evidence
186
how to admit hearsay evidence
must be relevant fact or admissible opinion
- must serve party with hearsay notice
187
what is the procedure for admitting expert evidence?
- deadline imposed for exchange
- 28 days for parties to put questions forward
- discussion between experts without prejudice
- written joint statement
- judges may ask them to give oral evidence
188
when must pre-trial checklists be filed
8 weeks before trial date
189
when will a civil appeal be allowed?
-court must consider there to be a real prospect of success or some other compelling reason.
- if to CoA or SC, must raise important point of principle or practice
190
appeal timelines in civil
21 days against county/high court, 28 days from CoA to SC
191
when is a leapfrog appeal granted
when the matter raises an important point of principle or practice, or some other compelling reason
192
how does a detailed costs assessment work?
receiving party must sevre notice of ocsts within 3 months of judgment and paying party has 21 days to dispute
193
what happens where D rejects part 36 offer and claimant wins equal or higher sum?
D pays additional 10% on damages up to £500,000, 5% on further damages up to £75,000
- D pays on indemnity basis from day 22 onwards
194
when do directors need permission to allot shares?
when the company has more than one class of shares. resolution confers 5 years authority.
195
which decisions in partnerships must be made unanimously
- changing the nature
- introducing new partner
- changing terms of agreement
196
what personal tax reliefs are available? (5)
- start-up loss
- carry-across / one year carryback
- carry-forward
- terminal carry-back
- carry-forward on incorporation
196
when must a person be registered for VAT
when their taxable supplies have exceeded £85,000 in 12 months
197
when is HMRC a preferential creditor
in relation to PAYE and VAT
198
what is a CVA
- a written agreement binding all parties
- must be approved by 75% or more in value of creditors, and 50% or more of unconnected creditors
199
what is a moratorium
where the directors remain in control but are supervised by an insolvency practitioner. lasts 20 business days
200
what is the marriage tax allowance
£1,260 if basic rate payer
201
dividend tax rates
ordinary - 8.75%
upper - 33.75%
additional - 39.35%
202
CGT tax reliefs (5)
- rollover relief (replacement of business assets)
- rollover (incorporation)
- hold-over on business asset gifts
- BADR (flat rate of 10%)
- tangible moveable property up to £6,000
203
when does BADR apply
- disposal of whole or part of business in which interest exceeds 2 years. within 3 years of termination
- company shares where owned for 2 years and entitle to 5% of profits or assets on winding up, and officer of company
204
CGT tax rates
basic - 10%
higher - 20%
residential property surcharge of 8%
205
206
what happens where a party contracts with someone who they do not know doesn't have capacity?
the contract is voidable
207
when can a claimant bring a claim before the ECtHR procedurally?
- exhaust any remedy in the UK
- apply within 4 months of final UK decision
208
who makes the false representation with regards to apparent authority?
the principal, not the agent
209
what is the remedy for undue influence?
rescission only
210
when may the supreme court depart from their past decisions?
when it appears that it is right to do so
211
what is a district judge's stated qualification?
5 years of right of audience
212
what is selling at par?
selling shares for their nominal value
213
when will a claim be provisionally allocated to a track?
after the defence has been filed
214
what factors are considered in a novel duty situation? (3)
1 - foreseeability of damage
2 - relationship of proximity
3- duty would be fair, just and reasonable
215
when is an exemption clause not binding?
when it attempts to exclude liability for breach of the term that the quality of the goods is satisfactory under the CRA
216
what test is applied to see whether the claimant committed an intervening act and broke causation?
whether their conduct was entirely reasonable in the circumstances
217
when can a party bring an application for disclosure against a non-party?
when the document sought is likely to support the case of the party applying or adversely affect the case of another
218
what happens when there has been a mistake as to identity?
contract is void
219
how are damages in relation to loss of earnings of a relative who gives up work to provide care calculated?
the costs cannot exceed the commercial rate for providing the services
220
can the state derogate from an absolute right under the ECHR
NO
221
when can a claimant obtain damages under judicial review
if they can establish that their private rights have been infringed
222
can you claim damages for acquiring a defective item of property?
no, this is pure economic loss
223
who can be contributorily negligent
only a claimant, therefore to bring this defence against a mother where the child is the claimant, they should be added as a joint tortfeasor
224
what is required for a valid contract?
agreement, consideration and contractual intention
225
when is a mandatory order given?
when the courts wish to make someone comply with a statutory duty
226
what does a partial ouster clause do?
prevents claims being made outside of the time limit and prevents the courts from extending the time limit
227
what is the judicial review time for a refusal of planning application?
6 weeks
228
when does a director not need to declare an interest
where the other directors are aware of it
229
can a party reclaim money paid under a frustrated contract?
yes, however the court may award a just sum for any use that was attained before the frustration
230
where will article 10 not protect expression?
where the views expressed are incompatible with the values underpinning the ECHR
231
when is the interests of justice test automatically satisfied?
in a crown court trial
232
what is the principle of assumption of responsibility?
where D provides info or advice to C with an undertaking that reasonable care would be taken as to its reliability
233
what are the bars to rescission?
- the party seeking the remedy has affirmed the contract
- both sides must be unable to be undone
- a bona fide purchaser for value without notice has taken an interest in affected property
234
when can a buyer not reject a product within 30 days?
when the breach is so slight that it would be unreasonable
235
what is the only condition on which a protest may be banned?
if any conditions imposed would be insufficient to prevent a risk of serious public disorder
236
who is the occupier under the OLAs?
the person who has control over the area
237
can an employer be vicariously liable for an action outside of place of work and working hours?
yes, if there is a sufficiently close link between the tort and work
238
when must a judgment be enforced in the high court and how?
when the judgment is over £5,000, using a writ of control
239
in what order do properly registered charges rank?
in order of date of creation
240
what is the modern approach to the rule of law
that it should be applied in a non-discriminatory manner to ensure legitimacy
241
242
when must particulars of claim be served?
within 14 days of the claim form
243
when is a statutory procedural direction likely to be mandatory?
when a breach results in the claimant being substantially prejudiced
244
who can sue in private nuisance
- proprietary interest
- exclusive possession
- landlord only where permanent damage is being caused
245
when must the cots budget be filed in claims under £50,000
with the directions questionnaire
246
special damages vs general damages
special = calculable at the time of trial
general = not precisely calculable
247
when does illegality make a contract void?
when the illegality is central to the performance of the contract
248
what is a close company
controlled by fewer than 5 participators
249
what happens when a close company lends money to a participator?
where it is over £15,000, must pay tax of 32.5%
250
when can a devolved parliament legislate on a matter?
when the matter is not expressly reserved to westminster in the relevant devolution act
251
who has rights and liabilities under a contract made between and agent and a party?
the principal and the party
252
can the government make changes of substance to retained EU law?
no, but they may correct any deficiencies with secondary legislation
253
what is required to arrest for breach of the peace?
- harm likely to be done to a person or in their presence, their property, or person fears being harmed
- breach must have occurred or be imminent
254
what must the parties apply to the court to change the dates of? (4)
- CMC
- pre-trial review
- return of pre-trial checklist
- trial / trial period
255
what is the sub judice rule
a parliamentary custom providing that MPs and lords should not discuss matters which are currently/imminently being considered by the courts
256
how are damages for misrepresentation assessed?
on a tortious basis for all consequential losses
257
when can a party not exclude liability for bad quality and unfit products?
when the contract falls under the CRA implied terms, which cannot be excluded or restricted
258
what is the burden of proof on factual causation?
on the balance of probabilities
