FLK1 MCQ

Question 1

Are employees liable for injuries from defective equipment?

Answer 1

The Employer’s Liability (Defective Equipment) Act 1969 applies where an:
- employee is injured in the course of employment by defective equipment provided by their employer.
- If the defect is attributable to fault on the part of some third-party the employer is deemed to have been negligent
- even applies if the employer couldn’t have discovered the latent defect, still deemed to have been negligent,

The worker would also be able to pursue a claim against the manufacturer of defective equipment and his employer

Question 2

When does time for limitation stop?

Answer 2

The clock for limitation stops running when the claim form is issued by the court

Question 3

Can the procedure under the Parliament act be used to extend duration of Parliament?

Answer 3

No

Question 4

When can a solicitor offer to pay a witness?

Answer 4

Reasonable travel expenses & time

Cannot pay if dependent on outcome of the case

Question 5

What is the duty owed to a trespasser under the Occupiers’ Liability Act 1984?

Answer 5

Duty owed if:
- occupier aware of danger
- company aware that trespasser may come into vicinity
- would be reasonable to expect to offer protection

Duty to take reasonable care to see that trespasser does not suffer injury to his person.

Does not cover damage to property.

Question 6

Can a matter be appears from High Court straight to the Supreme Court?

Answer 6

Yes if the matter is of public importance

Question 7

If an exclusion is particularly onerous or unusual what is needed?

Answer 7

More effort needed to bring to other party’s attention.

If exclusion broad need more effort

Question 8

Why are guarentee made by deeds?

Answer 8

Incase of any issue with consideration

Question 9

What is the limitation period for non personal injury negligence?

Answer 9

6 years from date of tortious act

Question 10

What must the claimant do before the end of the limitation period?

Answer 10

Issue claim form at court. No need to serve claim form by end of period.

Question 11

What is the longest time defendant can have to file defence?

Answer 11

AOS must be served 14 days after date for deemed service of POC.

In AOS can ask for additional 14 days for defence (28 days)

Can also ask claimant to agree extension for up to 28 days (total of 56 days from deemed date of service)

Question 12

When must service of POC take place?

Answer 12

Following service of claim form, must serve POC within 14 days.

But - must be within 4 months of issuance of proceedings

Question 13

What is the designated professionals bodies exemption?

Answer 13

If there is a regulated activity, the exempts incidental activities of members of certain designated professional bodies which includes those supervised by the SRA

It is a limited exception

If a solicitor provides financial services which arise out of or are complimentary to the legal services provided

The scale and manner of the provision is incidental to the provision of legal advice

And the solicitor does not receive compensation for this from anyone else without accounting to the client services will be exempt

If a firm is starting a whole new department or business for giving investment advice, then this is not covered by this exemption and will require authorisation

Question 14

When should a claim for personal injury issue out of the High Court?

Answer 14

When the value of the claim exceeds £50,000

Personal injury claims sit within the Kings bench division

Question 15

What damages can children recover for the death of parent?

Answer 15

Damages for loss of dependency
- Calculated by reference to the portion of the parents income which she would have spent on supporting them and the likely period for which support should’ve continued

Will also be a separate claim for the benefit of the parents estate so if the children are beneficiaries, they will benefit from this also

Children are not entitled to recover damages for bereavement as by statute. These are not applicable to children for the death of a parent.

Question 16

When will the claimants acts break the chain of causation?

Answer 16

The claimants own acts must be entirely unreasonable such as declining medical treatment

Question 17

When might the court find that a relationship akin to employment exists?

Answer 17

Where the tort was committed as a result of an activity undertaken on behalf of the employer or association

The activity was an integral part of the employers activities

And the employor created the risk of the taught by signing that task

Question 18

When is a duty of care owed to a trespasser?

Answer 18

Where the occupier is aware of the danger

And where the occupier is aware that a trespasser may come into the vicinity

And it would be reasonable to expect the occupier to offer protection

Question 19

What is the duty of care owed to trespasses?

Answer 19

Duties to take reasonable care to see that the trespasser does not suffer injury does not cover damage to property

Maybe breached if the occupier is aware of a defect or a danger and has not had it repaired

Causation must also be satisfied

Question 20

Are guarantees required to be by deed

Answer 20

No only required to be in writing but might be sensible to put it in a deed as can avoid problems with consideration

Question 21

When does the remedy of restitution apply?

Answer 21

Where one party has been unjustly enriched by their wrongdoing the law may make an order for restitution for the innocent party

The innocent part needs to show that they have a legitimate interest in preventing the party and breach from retaining the benefit

Aim to return to the innocent party the party and breaches made in the form of money or property

Applies where other remedies such a specific performance damages, injunction or recision are seen as an adequate

Question 22

What is the limitation period for non-personal injury negligence based claims?

Answer 22

Six years from the date the act occurred

Question 23

Does the claim form need to be served within the limitation Period?

Answer 23

No, the claim just needs to be issued by the court by the end of the limitation period

Question 24

What does an after the event insurance policy cover?

Answer 24

Covers disbursements and the other sides solicitors costs

Covers the risk of having to pay cost to the other side if unsuccessful

Question 25

For non fraudulent misrepresentation when can damages be recovered?

Answer 25

Claimant can recover damages arising from the misrepresentation unless the party who made the misrepresentation can prove they had reasonable grounds for believing and did believe that it was true The burden is on the person who made the representation

Question 26

What is a trespassory assembly?

Answer 26

Assembly of 20 or more people on land to which the public have no right of access access and it’s likely to be held without the permission of the owner and may cause significant damages to buildings of importance Police may make application to ban application makes the local council or in London to the homes Secretary

Question 27

What should a solicitor do if they require more time to file a defence?

Answer 27

File acknowledgement of service within 14 days of date of deem service Indicate filed defence which ordinarily must be fired within 14 days of the acknowledgement however can also ask the claimant to agree an extension of up to another 28 days so a total of 56 days from the deem date of service of the particulars If the claimant refuses the extension or even more time as needed, the defendant can apply to court for more time

Question 28

How are proceeding started?

Answer 28

The solicitor should send the claim form to the county court money claim centre in Salford to issue

Question 29

When might the contract be void for mistake as to identity?

Answer 29

When the identity of the party is a fundamental importance to the other party

Question 30

In a fast track claim, what direction is the judge likely to give about experts?

Answer 30

Expert evidence shall be restricted to what is reasonably required to resolve proceedings. The courts permission is required if the matter has been allocated to the small claims track or the fast claims track if permission is given for expert evidence it will normally be for evidence from one party on a particular issue.

Question 31

When can directors allot new shares?

Answer 31

Where - 1 class of share - or authorised by articles If need authorisation, need SH Ordinary resolution

Question 32

Who is order for interim payment made against?

Answer 32

Defendant, not funder

Question 33

What is required for an alteration of the articles of association?

Answer 33

Must be in best interests of company as a whole (whether reasonable person would think so) and have a 75% special resolution

Question 34

Who can claim under the fatal accidents act 1976 for loss of dependency?

Answer 34

- spouse or former spouse - person living as spouse in same household immediately and for 2 years - parent or person treated as parent - child or person treated as child (includes step children) - any person who is or are issue of brother sister, uncle or aunt Must be eligible and financially dependent

Question 35

What are judges magistrates and tribunal members required to take when sworn in?

Answer 35

2 oaths - oath of allegiance to reigning monarch - judicial oath May opt to make solemn affirmation

Question 36

How many experts can be instructed on fast track?

Answer 36

Should be restricted to what is reasonably required to resolve proceedings. Need court permission to call or submit experts report In small or fast track claim, if permission given for expert evidence, will be for evidence to come from one expert on an issue

Question 37

When can a law firm or solicitor rely on decision of reasonably necessary part of services?

Answer 37

Where necessary Cannot charge separately for it

Question 38

What can be claimed by dependents of person who has died due to wrongful act or negligence?

Answer 38

Statutory bereavement award - only to spouse or if minor and never married their parents Loss of income and services dependency Funeral expenses Just be bought within 3 years from death, date of knowledge Under Damages act 1996, dependents can claim for loss of intangible benefits, depends on length or marriages how much dependent etc.

Question 39

When can PI be issued in high court?

Answer 39

Where over £50,000 and complex or outcome is of public importance No upper limit for county court so can issue in either Clinical negligence can only be bought in high court if over £100,000

Question 40

What must a liquidated damaged clause be?

Answer 40

Must be genuine assessment of losses, if penalty, will be void and not enforceable Considered penalty if extravagant and unconscionable in comparison to loss from breach

Question 41

When must undertakings be performed?

Answer 41

Without a reasonable time if no time agreed

Question 42

What happens if someone doesn’t comply with an unless order?

Answer 42

Depends on what order says. Court can - make subject to conditions, including to pay money into court and - specify consequence of failure to company with order or condition Can be combined with courts power to strike out, if so will be automatically struck out but person can apply for relief from sanctions

Question 43

When must a solicitor apply enhanced due diligence?

Answer 43

- Where transaction is complex or - Where transaction unusually large or - Where there is an unusual pattern of transactions, or transaction or transactions have no apparent economic or logical purpose

Question 44

If no commencement date is included in a bill when does it become law?

Answer 44

Midnight from start of day of royal assent

Question 45

Must all firms have a MLCO?

Answer 45

Only if appropriate to size and practice Must have MLRO SRA must be notified of their appointment within 14 days and approve Can be the same person

Question 46

When must a written resolution response be returned?

Answer 46

Within 28 days, lapses after 28 days

Question 47

If a party has specialist knowledge, is a statement likely to be fact or opinion?

Answer 47

Fact

Question 48

Does a party need to be named for Contracts (rights of third parties) Act?

Answer 48

No but need to be part of class and term intended to be enforceable by third party

Question 49

When can the court add remove or substitute a party in DR?

Answer 49

Application needed with supporting evidence Remove - where desirable to Add - where desirable to or - issue between them and party connected to matters in dispute and desirable to add them to resolve Substitute - interest or liability passed to new party and - desirable to resolve matters in dispute If after limitation period, court can only add or substitute if limitation period was current when proceedings issued and addition or substitution necessary Must be satisfied - person substituted was named in mistake - claim can’t be properly carried on unless added - original party died or bankrupt

Question 50

What happens if D makes part 36 offer then C wins but failed to beat the offer?

Answer 50

D pays C costs up to end of date of relevant period (21 days of deemed service), then after then C pays D’s costs

Question 51

What must be shown to obtain summary judgement?

Answer 51

No real prospect of success and no other compelling reason to go to trial

Question 52

When will judge grant freezing order?

Answer 52

1) justifiable cause of action 2) C has good arguable case 3) D has assets in jurisdiction 4) real risk may dispose before judgement Made without notice to high court judge

Question 53

When must parties file their costs budgets?

Answer 53

If under £50,000, with directions questionnaire If over £50,000 21 days before first case management conference

Question 54

What will the court consider when granting relief from sanctions?

Answer 54

Seriousness & signifcance of breach Why it occurred, taking into account need to conduct litigation effectively and proportionately and in compliance with rules

Question 55

What happens if fail to file costs budget or late?

Answer 55

Costs budget set outs costs to date and estimate of future costs If court makes costs management order, means they approve, if costs ordered in standard basis will recover costs in budget If fails to file or does so late, sanction is that only court fees are recoverable if they win. Unless court ordered otherwise