FLK1 Flashcards
What is the method by which an insolvent LLP may bring its business activities to an end?
Creditors voluntary liquidation
If new domestic legislation and retained EU law are at a conflict, what is the legal mechanism needed to resolve this?
Parliament must pass legislation to repeal retained direct EU legislation
Do accountants owe a duty of care to investors in producing annual financial reports?
No, they owe a duty to the company but not the general public
What is the difference between a guarantee and an indemnity?
A guarantee is a secondary obligation which supports a primary obligation. An indemnity is a primary obligation
What should buyers solicitors do after receiving stamped stock transfer form back from HMRC?
They should send it to the company
When disputing the jurisdiction of a court to manage a case, what should be done?
Acknowledgment of Service should be filed indicating that jurisdiction is disputed. Separate application should be made to the court within 14 days of filing AoS
By whom and by which procedure are the majority of Statutory Instruments brought into law?
By Govt Ministers via the negative resolution procedure
If solicitor reports breach of SRA regulations to COLP and are advised that breach is not serious and will not be reported to SRA, what are next steps?
Pursue the matter further and report to SRA directly if necessary
If judge issues Declaration of Incompatibility highlighting a legislations conflict with ECHR principles, how does the DOI affect parties?
Parliament may wish to amend legislation to make it compatible with ECHR but DOI is not binding on parties, i.e. not providing remedy to victim who brings claim
Claimant has suffered PI in road traffic accident abroad and prepared Letter of Claim to two defendants: one in England and one in Greece. What is the timescale for their response?
Both should acknowledge Letter of Claim within 42 days and confirm their positions on liability within 6 months
What is recoverable for PI under the Occupiers Liability Act?
If duty of care is established, courts will look at causation and remoteness of damage. These must be reasonably foreseeable!
If provisions of Statutory Instrument are suspected to be incompatible with ECHR but no challenges have been made as of yet, will someone be found to have acted unlawful by following those provisions?
No, it is simply giving effect to the provisions of the SI
When can a solicitor utilise unsolicited approaches for their services?
They must not solicit to members of the public, outside of current and former clients. Businesses or NFP organisations are not classified as members of the public and those acting in the capacity as representatives of their company also benefit from this.
How many designated members must an LLP have?
Two
What is the “cab-rank” rule?
A barrister must accept any work in a field in which they profess to practice and at a court in which they usually work, so long as the fee is their usual rates. They cannot discriminate based on nature of case or client
Who can claim under the Fatal Accidents Act?
- Spouse/former spouse/living as a spouse living in same house immediately before death and for at least 2 years
- Parent/ascendant/treated as such of deceased
- Child/descendant/treated as such of deceased
- Brother/sister, uncle/aunt or issues thereof
What grounds must have a secondary victim have to succeed in a claim for psychiatric injury?
- Reasonable due to ties of love and affection with primary victim
- Proximity to event or aftermath sufficiently close in time and space
- Suffered psychiatric injury through seeing/hearing incident or aftermath
- Causal connection between witnessing event and injury suffered
What is involved in the swearing-in process for a magistrate?
Must take oath of allegiance to reigning monarch as well as the judicial oath
What is the golden rule approach in legislative interpretations?
Interpreted as far as possible within its ordinary and plain meaning. If that produces absurd response, interpret to avoid that absurdity
