FLK2 Flashcards
1
Q
do you need leave to appeal against conviction in magistrates’
A
no:
it will be a full; rehearing, no permission is needed to adduce new evidence
2
Q
when must police hold an ID procedure
A
when ID is in dispute
3
Q
if D pleads guilty can they rely on a defence
A
no, this would be an equivocal plea
4
Q
would a D on supported income be entitled to legal aid
A
only if they passed the merits test:
run the real risk of: a custodial sentence; of losing your livelihood, or a serious loss of reputation
5
Q
what happens where D alleges evidence was gathered through incorrect conduct?
A
court must exclude it unless prosecution can provebeyond reasonable doubt that it was not obtained in circumstances rendering it unreliable
6
Q
what is the threshold for oppression in obtaining confession
A
threats, physical and mental intimidation
7
Q
what does unfairness vs unreliability of evidence mean
A
unfairness = discretion to exclude
unreliable = must exclude
8
Q
what is a PYO
A
a youth who has been sentenced on 3 separate occasions
9
Q
what is the single transaction principle
A
where the act that causes death is the same sequence of events as the intiial act. time lapsed does not matter
10
Q
what is the continuing act principle
A
where actus reus can be satisfied by a continuing act, D is said to have had the sufficient mens rea at some point during the act
11
Q
can an inference prove guilt on its own
A
no
12
Q
what is the max annual exemption
A
£6,000 where last year’s is brought forwards
13
Q
who must survive 28 days to inherit on instestacy
A
spouse and children only
14
Q
when does implied substitution apply
A
only to gifts to the testator’s issue
15
Q
when is a trustee personally liable to a trust
A
when the breach their duty and cause a loss
16
Q
where does business property relief apply
A
to shares that are:
- unquoted
- in a trading co
- owned for 2 years
17
Q
what is closely inherited
A
when property passes to:
- lineal descendent
- spouse/CP of lineal descendent
18
Q
when is a home right created
A
when parties are legally married/CP and the home is, has been, or is intended to be the matrimonial home
19
Q
can you repossess premises by force
A
no, this is a criminal offence
20
Q
what are the essential characteristics of a lease
A
- certain duration
- exclusive possession
21
Q
when does an equitable lease arise
A
when it is incorrectly executed but does consist a valid contract
22
Q
what happens to purchase balance on completion
A
it is released from an account in the name of the buyer’s solicitor
23
Q
what does Wheeldon v Burrows say
A
an easement arises where there is a quasi-easement necessary for reasonable enjoyment of the land
24
Q
what is a prescriptive easement
A
- continuously used for 20+ years without secrecy, force or permission
25
what is required for actual bodily harm?
caused hurt or injury calculated to interfere with the health and comfort of the victim
26
what is required for GBH
causing really serious harm where the risk would have been obvious to the reasonable person
27
where are interests which burden a registered title found?
in the charges register
28
how is trustee liability apportioned?
jointly and severally
29
what is required for attempted murder?
actus reus - an act beyond mere preparation
mens rea - intention to kill
30
what is required for burglary with intent? what about normal burglary?
with intent: entering as a trespasser with the intent to steal
without intent: entry as a trespasser and committing a theft
31
what is required for aggravated burglary?
having a weapon of offence at the time of committing a burglary
32
what is an accomplice?
someone who aids, abets, counsels or procures the commission of an offence
33
what is required for the defence of lawful excuse to criminal damage?
an honest belief that that the property was in immediate danger and the damage was reasonable in the circumstances
34
when may diminished responsibility be raised as a defence
on a charge of murder only
35
what can the seller do if the buyer fails to complete on completion date
serve a notice to complete
36
what is the parol lease exception
where leases of 3 years or less do not require a deed and can be created informally
37
what is the rule of inalienability
the principle which states that trusts cannot be of perpetual duration. they have a maximum of 21 years beyond the life of the beneficiaries
38
can one make a defence of self defence when intoxicated
not if the belief was mistaken and it was only made due to intoxication
39
when can indirect intention for murder exist
when the consequence of death was virtually certain
40
how do you create a valid trust over land
- declare trust in writing
- create transfer deed and pass it to trustee
41
what is limited title guarantee?
there is an implied covenant that the seller has not incumbered the title and is not aware that anyone else has done so since the last disposition for value
42
what is full title guarantee?
there is an implied covenant that the property is disposed free from incumbrances other than those the seller does not know about and could not reasonably know about
43
when a disursement for a client is invoiced to the firm, which account must it be paid out of?
business account as it is addressed to the firm
44
what makes a valid charitable purpose trust?
- for a charitable purpose
- exclusively charitable
- for the public benefit
45
when is capacity presumed
when the testator showed no sign of mental confusion at the making of the will
46
does the forfeiture rule apply to jointly owned property?
yes
47
what is a discretionary trust?
a trust which gives the trustees discretion as to the amount of trust property any object might receive
48
how does power of sale work
- implied into every mortgage
- arises when date of legal redemption has passed
- becomes exercisable with a term or statutory circumstance
49
when does power of sale become statutorily exercisable
- notice has been served and defaulted after 3 months
- interest is unpaid for 2 months
- breach of provision of mortgage
50
when trustees disagree on what to do with trust property, what may be done?
any trustee or someone with an interest may make and application to the court and they may make such order as it thinks fit.
51
is intoxication a defence?
yes, to offences with specific intent
52
what are the s30 grounds for termination?
(a) Tenant’s failure to repair
(b) Tenant’s persistent delay in paying rent
(c) Tenant’s substantial breach of other obligations
(d) Landlord has offered alternative accommodation (which must be suitable to the tenant’s needs and on reasonable terms)
(e) Tenancy is an underletting of part (rarely used)
(f) Landlord intends to demolish or reconstruct and could not reasonably do so without obtaining possession
(g) Landlord intends to occupy the holding for its own business or as a residence
53
what is required to disclaim/vary a will?
1. made in writing
2. within 2 years of death
3. contain election to be read back
4. not for consideration in money or money's worth
54
what column does an entry does cash going OUT go
CR column
55
when must stamp duty be paid?
within 14 days of completion
56
what is excluded from 'development' under planning law?
- interior development
- changes of use within the same class
57
which uses count as sui generis?
- pubs & drinking establishments
- theatres. concert halls, cinemas etc
- takeaways
- taxiranks
58
when does planning permission have to be implemented?
3 years (5 in wales)
59
enforcement notice
- sent to any person with interest in land when there has been planning infringement
- takes effect 28 days after service
- can be appealed
60
stop notice
- served after enforcement notice
61
when can an LPA serve an injunction on planning
- when there has been or will be an actual breach
- must be expedient, necessary and appropriate
62
when must LPA take enforcement action in relation to planning breach?
- 10 years from date of breach apart from:
- 4 years for operational development
- 4 years for change of use to dwelling house
63
when must building regulation control proceedings be brought?
- within 2 years of breach
- may issue enforcement notice within 1 year of work requiring alteration/removal
64
deduction of title
where seller supplies buyer with office copies less than 6 months old to prove title
65
SIM
index map search - is property registered
66
LLC1
local land charges search - details of statutory financial charges or restrictions
67
CON29
standard enquiries of local authority - planning permission, restricted development, road repair
68
CON29O
optional la enquiries - enviro and pollution notices, commons search
69
CON29DW / CommercialDW
water & drainage
70
desktop search
for contaminated land
71
when does a chancel repair bind a buyer
when last transfer was pre-october 2013
72
CON29M
mining search
73
how does SCPC apply?
part 1 applies unless excluded, part 2 only applies if included
74
what happens to deposit where buyer fails to complete?
seller keeps it
75
stakeholder deposit
held by sellers solicitor. may be used on a related purchase.
76
payment methods allowed?
SC - cheque or electronic
SCPC - electronic only
77
special condition 3
inclusion / exclusion of fixtures
78
special condition 4
vacant possession or leases/tenancies
79
special condition 5
variation of completion time
80
special condition 7
where non-owning adult occupier agrees to sale
81
who is responsible for insurance after exchange of contracts?
buyer
82
when may solicitor sign contract for exchange on behalf of client
when given express authority
83
requirements for binding contract of sale
- in writing
- incorporate all agreed terms
- one document
- signed by parties
84
formulae for telephone exchange
- A: one solicitor has both, undertakes to post immediately that day
- B: each solicitor has theirs, both undertake to post that day
- C: where chain transactions
85
when must the telephone formulae be varied by agreement?
when deposit is transferred electronically
86
requirement for transfer deed
- clearly be a deed
- signed by parties
- be delivered
- witnesses by independent witnesses
- presumed delivered by execution, rebutted by contrary intention
87
post-contract searches
- OS1 on registered land. priority of 30 working days
- K15 on unregistered. priority of 15 working days
88
formalities of deed executed by a company
- company seal OR
- 1 director and secretary
- 2 directors
- single director in presence of attesting witness
89
how to agree completion practicalities?
- completion information form
- TA13 for residential
90
law soc code for completion by post
- Seller's solicitor acts for buyer's as agent
- buyer's sets out instructions in writing
- solicitor carries out instructions, completes transaction
- relevant docs sent by post/dx
91
how to discharge mortgage
DS1 / online form / electronic discharge system
92
how to register lender as charge holder
AP1
93
when must application for first registration be made
within 2 months of relevant transfer - FR1
94
notice to complete
may only be served after completion date. makes time of the essence and gives party 10 working days
95
when is rescission allowed in property transfers
when seller's error or omission results from fraud or recklessness, or buyer would be accepting substantially different property
96
notice in a periodic tenancy
one period of tenancy - a yearly one may be terminated at 6 months notice
97
how should leasehold property be insured
to full reinstatement value
98
what happens when leasehold property rendered unusuable?
rent remains payable unless express provision states otherwise
99
when can a tenant make alterations under absolute covenant against them
- serve 3 month notice of proposals
- landlord may object
- if objection, apply to court
100
when will a court approve alterations under an absolute prohibitory covenant
when they add to letting value, are reasonable and suitable to character of property and don't diminish value of landlord's other property
101
is alteration qualified covenant full qualified?
yes
102
how is rent paid
if lease silent, paid in arrears
103
commercial lease VAT status
exempt but subject to option to tax
104
when is tenant entitled to demand deduction of freehold title
when leases is 7 years or more
105
when will landlord sign and return lease
5 working days before completion
106
how does lease less than 7 years take effect
as overriding interest on registered land
binding on all subsequent owners on unregistered
107
when should assignee investigate title
when land unregistered entitled to demand last 15 years of leases & assignments
108
liability under assignment
- old leases: original tenant remains liable
- new leases: original tenant released from liability unless relevant AGA
109
action in debt for rent arrears
limitation period of 6 years
110
CRAR
- landlord enters and seizes goods
- 7 days notice
- use enforcement agency
- must leave items up to value of £1350 which are necessary for business
- give 7 clear days notice before selling at auction
- at least 7 days rent must be outstanding
111
pursuing former tenant / guarantor for rent default
must serve default notice on them within 6 months of the breach
112
suing for damages for breach of repair on 7/3 lease
must serve notice of intent to sue - tenant may serve counter within 28 days meaning landlord needs leave of court
113
forfeiture procedure
-s146 notice to specify breach, require remedy and compensation
- if 7/3 lease, tenant can serve counter notice in 28 days and landlord needs leave of court
114
effluxion of time
when fixed term lease reaches contractual end
115
application of the 1954 act
s23 - applies to any lease where property occupied for purpose of carrying on a business
116
leases not subject to security of tenure
- tenancy at will
- fixed term tenancy <6 months
- contracted out lease
117
contracting out
- landlord must give notice
- tenant must make declaration
- if notice less than 14 days before grant, must make statutory declaration
118
how can a tenant end a lease post expiry date
s27 notice with 3 months notice
119
terms of new lease under s26
- not more than 15 years
- commences 3 months after end of proceedings
- open market rent
- court may insert rent review clause
120
when does compensation for end of lease apply
- when landlord relies on no fault grounds
- rateable value of holding (double if occupation over 14 years)
- cannot exclude for occupation over 5 years
121
what must testator understand to have capacity
- nature and effects of making a will
- extent of their property
- moral claims to consider
122
when is capacity required
at execution bar where T instructs solicitor and understands they are signing a will of their instruction
123
what to do when capacity of T is in doubt
ask medical practitioner to provide written report affirming it and witness the will
124
who has burden of proving capacity to make will
propounder
125
where does presumption of capacity arise
- rational on its face
- no evidence of mental confusion
126
where does presumption of knowledge and approval arise
where T has capacity and has executed validly
127
formalities for will
- signed by T or in their presence
- signature made by T in presence of 2 witnesses
- witnesses attests and signs in presence of T
128
where does presumption of due execution arise
where there is an attestation clause
129
when may a court rectify a will
where it fails to carry out T wishes because of
- clerical error
- failure to understand instructions
130
when may the court modify the inheritance forfeiture rule
if the applicant applies within 3 months and did not commit murder
131
what happens in case of mutual wills where survivor revokes
constructive trust is imposed in favour of beneficiary
132
presumption with regards to alterations of will
that they were made after execution
133
what does a spouse receive on intestacy
- £270,000
- personal chattels
- half of residue (if issue)
134
passing on intestacy where no spouse or issue?
- parents
- whole siblings
- half siblings
- grandparents
- whole aunts/uncles
- half aunts/uncles
- crown
135
when may professional trustees be remunerated
if they are a trust corp or acting in a professional capacity
136
general statutory powers of trustees
- power to invest (may delegate in writing)
- power to purchase land
- power to use income for minor beneficiaries
- power of advancement
137
how to find value transferred on land at death
when jointly owned, 10% discount for commercial and 15% for residential
138
when does business property relief occur
when owned for at least 2 years
100% reduction:
- business or interest in a business
- unquoted shares
50% reduction:
- quoted shares where T had control
- business assets owned by T but used by partnership in which T is member or company of which T has control
139
when does agricultural property relief apply
when occupied for 2 years or owned for 7 years
100% reduction:
- where T had right to vacant possession or was subject to a new lease
50% reduction
- all other cases
140
RNRB in estates over £2 mil
reduced by £1 for every £2 over
141
charitable rate of IHT
36% where over 10% of estate goes to charity
142
when is IHT due
6 months after the end of the month of death
143
installment option property
- land
- business / interest in business
- shares which give control
144
time limit for applications under inheritance act 1975
6 months from grant of probate. court may extend if good reason for delay
145
ground for claims under inheritance act 1975
disposition of estate is not such as to make reasonable financial provision
146
standards for reasonable financial provision
spouse standard: such provision as is reasonable in all circumstances
ordinary standard: such provision as is reasonable in all circumstances to receive for maintenance
147
when can the court avoid a gift made in a will
if made with the intention of avoiding 1975 act provisions within 6 year of death
148
form for valid executor
PA1P, grant of probate
149
form for valid will, no executor
PA1P, letters of admin with will annexed
150
form for no will
PA1A, simple letters of admin
151
assets realised without a grant
- chattels
- cash
under £5,000:
- national savings bank
- savings certificates and premium bonds
- money in building societies
152
fee for application of grant
£273
153
when should IHT400 be delivered
within 12 months of end of month of death
154
how to protect against unknown creditors/beneficiaries
- advertising for claimants and waiting 2 months in london gazette and local newspaper
155
how to protect against missing creditors/beneficiaries
any of:
- keep back assets in case they apear
- taking an indemnity from other beneficiaries
- insurance
- applying for Benjamin order after fullest possible enquiries have been made
156
paying debts of unsecured creditors from solvent estates
- property undisposed of
- residuary property
- property given for payment of debts
- charged property
- pecuniary fund
- devised property
- appointed property
157
when assets are sold for less than probate value
if within 12 months of death, can adjust IHT
158
how do beneficiaries prevent issue of a grant
lodge caveat at HMCTS which lasts for 6 months
- may need to appear in 14 days to represent objection
159
how do beneficiaries compel issue of a grant
lodge a citation. if person with the right of grant doesn't then apply, beneficiaries may apply for passing over
160
what happens where PR self-deals from estate?
transaction is voidable by beneficiaries
161
when can beneficiaries not sue for devastavit
when an adult beneficiary acquiesced to the breach
162
what happens where PR pays out to someone not entitles
- bring proprietary claim over assets or traceable proceeds (unless bona fie purchaser for value without notice)
- personal action against recipient if exhausted all remedies against PR
both limited to 12 years
163
conditions of detention of a suspect (6)
(1) cill lit, heated, cleaned and ventilated
(2) bedding of reasonable standard
(3) access to toilet and washing
(4) 2 light meals and 1 main meal in 24h
(5) daily exercise
(6) visited every hour
164
rights of detained suspect for questioning
- to have someone informed
- consult privately with solicitor
- consult codes of practice
165
when can legal advice be delayed
for 36 hours max by superintendent or above if held on indictable offence and it will:
- lead to interference / harm to evidence or people
- alert suspects
- hinder recovery of property
166
when can right to have someone informed be delayed
by inspector or above, max 36 hours
167
detention clock
24 hours from arrival at station or time of arrest, whichever later
168
extension of detention clock
up to 36 hours by superintendent if:
- securing / preserving evidence
- offence is indictable
- investigation diligent and expeditious
mags may extend by further 36 hours
169
review clock
- if not done, detention amounts to false imprisonment
- carried out by inspector
- first review no later than 6 hours after detention, then 9 hours
170
Video ID procedure
- shown with at least 8 other people
- if 2 roughly similar in appearance, shown with 12 other
- solicitor sees first
171
ID parade
- 8 other people
- may conceal unusual features
- suspect may choose own position in line
- colour photo or recording should be made of parade
172
who runs ID procedures
inspector not connected with investigation
173
when is suspect released under investigation
when insufficient evidence to charge and further investigation is likely to take over 28 days
174
when can pre-charge bail be enforced
if necessary and proportionate, max of 3 months
175
CPS test for charge
- sufficient evidence for realistic prospect of conviction
- in public interest
176
when can a charged suspect be interviewed further?
- to prevent or minimise harm/loss to person or public
- to clear up ambiguity in statement
- in interests of justice to put to him further info
177
when may a simple caution be given
- sufficient evidence for prosecution
- reliable voluntary admission
- offender agrees having been told it may be raised in court later
- not for indictable offence unless superintendent and CPS agree
- not given if 2 years prior have same offence
178
detention of a juvenile
must inform person responsible for their welfare why they have been arrested, where they are
- cannot be delayed
179
appropriate adult hierachy
- parent/guardian/rep from LA if in care
- social worker
- responsible adult not connected to police
180
when must conditions on YCC be capable of completion
summary only - 16 weeks of offence
either-way/indictable only - 16-20 weeks from date of caution
181
what happens if plead guilty to either-way
treated as if tried summarily then convicted. magistrates decide if they can sentence.
182
limit on remand in custody
8 clear days at a time. must be brought before court for every remand.
max period = either-way: 70 days, summary: 56 days
183
how may prosecution extend custody limits
show on balance of probabilities that there is good and sufficient cause to do this - D has right to appeal
184
when may bail be denied
if there are substantial grounds to believe D would:
- fail to surrender
- commit an offence
- interfere with witnesses / obstruct course of justice
185
how to appeal denial of bail (D)
complete notice as soon as is practicable
appeal heard no later than a business day after served
186
how to appeal grant of bail (prosecution)
give oral notice at hearing where granted
serve written notice within 2 hours
appeal heard no later than 2 business days later
187
how long do parties have to prepare for trial
8 weeks, 14 where expert evidence is required
188
when must D disclose witnesses to CPS
within 28 days of prosecution disclosure
189
when is a written witness statement admissible
-signed
-dated
- declaration of truth
- served on other parties
- no objections in 7 days
- only for evidence not in dispute
190
when will a crown court preliminary hearing take place
within 10 days of mags sending case if:
-CM issues need resolving
- trial over 4 weeks
- early trial is desirable
- D under 18
- likely to be guilty plea
191
when does PTPH take place
within 20 days of mags sending case, if no prelim hearing required
192
newton hearing
determines factual basis of sentencing
193
prosecution duty to disclose
- must serve all evidence on which it wishes to rely
- also, any unused material which might undermine P case or support D case
- ongoing duty
194
when may CPS withhold disclosure
if protected by public immunity interest
- made on application without notice
195
defence disclosure requirements
within 10 days, make defence statement (20 in crown court)
- mandatory to serve in crown court trial
196
when will a youth be sent to adult court
(1) homicide offences (crown court)
(2) firearms offences (over 16 = crown court)
(3) grave crimes (optional)
(4) violence or sexual offence and dangerous offender
(5)jointly charged with adult
197
what constitutes a grave crime
one for which an offender over 21 would receive over 14 years, and any sexual offence
198
when may a juvenile be remanded to youth detention accommodation
- between 12-17
- has legal rep
- offence is violent or sexual offence, for which an adult could be given 14 years plus, AND child likely to receive custodial sentence OR recent, significant history of abscontion OR history or committing imprisonable offences on bail
- necessary to protect public and risk cannot be managed
199
what is a referral order
where a first-time juvenile offender is referred to youth offender panel
200
youth rehabilitation order
equivalent of generic community order
201
Detention and training order
- only given to juvenile between 12-14 if PYO. no restrictions above this.
- between 4-24 months
202
when will pre-sentence report before plea be requested
if sentence serious enough for community order or above
203
what is the custody threshold
where offence/ combo of offence is so serious that neither a fine nor a community sentence can be justified
204
where does offender between 19-21 serve custodial sentence
in young offender institution
205
what must be imposed on dangerous offenders
- automatic life imprisonment
- discretionary life imprisonment
OR
- extended sentence of imprisonment
206
how do offenders of particular concern get released
must apply for parole after serving half of sentence
207
max suspended sentence
on sentence of more than 14 days, no longer than 2 years
suspension no longer than 2 years
208
what may be ordered under a community order
- unpaid work within 12 months between 40-300 hours
- activity/programme requirement
- prohibited activity
- curfew
- exclusion
- residence
- treatment
- supervision
- attendance centre (if below 25)
209
how is jury verdict decided
must be unanimous but, if after 2hr 10mins this is not possible, 11:1 or 10:2 will be accepted
210
when is a witness not competent
- can't understand questions put to them
- can't give understandable answers
211
when can a co-accused me compelled
- nolle prosequi
- order for separate trials
- formally acquitted
- plead guilty and give evidence
212
where is spouse compellable
- offence involves assault or injury to spouse or person under 16
- sexual offence or attempt against person under 16
213
burden of proof for insanity or duress
balance of probabilities on D
214
when do turnbull guidelines apply
where witness has identified and recognised D but D disputes this
- if judge holds to be good evidence, will give turnbull warning
- if unsupported, judge will direct jury to acquit
215
inferences under s34
when D fails to mention facts later raised as a defence
216
inferences under s36
where D fails to account for object, substance or mark found on his presence that officer has told they believe is connected
- officer must have explained court may draw inference
217
inference under s37
where D fails to account for presence at place of offence when arrested immediately at scene
- special caution must be given
218
inference under s35
when D remains silent at trial when prosecution raised evidence which requires explanation
219
what is hearsay evidence
a statement relied on as evidence of a matter in it
220
statutory provisions for allowing hearsay
- witness unavailable
- business and other docs
- inconsistent statements of witness
- consistent statement by witness
- statements not in dispute
- formal admission
221
res gestae exception
where hearsay is admissible because it was made contemporaneously with event and could not have been concocted
222
when must notice be given for adducing hearsay
- when witness unavailable
- when in interests of justice to admit
- multiple hearsay
- s117 (business docs)
223
can GBH include psychiatric injury
yes, if serious enough
224
requirement for loss of control defence
- lost control because of a fear of violence
- person of normal tolerance and self-restraint might have acted in the same way
225
when may a legal lease be created without a deed
- for 3 years or less
- immediate right to possess
- best rent reasonably obtainable
226
requirement for robbery
theft with use of force
227
when is power of sale exercisable under statute
- lender has given notice to pay and borrower has defaulted for 3 months
- interest is in arrears for 2 months
- borrower has breached a term of mortgage
228
what is the effect of adding substitute wording when original wording has been revoked by destruction?
the court will apply the doctrine of conditional revocation and use extrinsic evidence to apply the original wording if the new wording is not validly executed
229
when does burden of covenant pass in new lease
when it is not expressed to be personal
230
presumption of advancement
a man who transfers property to his wife, child or fiancée is making the recipient a gift of that property, unless there was evidence to the contrary.
231
when is a resulting trust presumed
unless there is evidence of intention by Y to make a gift or loan to X.
232
how old must root of title be
at least 15 years
233
what rebuts the presumption of advancement
evidence that the man has retained a beneficial interest
234
does a resulting trust arise with a voluntary transfer of land?
no
235
how are trustees liable for breach?
jointly and severally, but if one is sued they may be entitled to a contribution from the other/s
236
how should i direct covenant on assignment be limited?
to the extent to which that party is assignee.
237
in a new lease, do assignors keep liability?
no, unless they provide an AGA. AGA ceases to have an effect when a new assignment is granted.
238
do legal leases less than 7 years need to be registered?
no, they are binding on buyers as an overriding interest
239
SC - what happens where landlord's consent has not been given 3 working days before completion date of an assignment?
the parties may choose to rescind or defer completion
240
what does accessory liability entitle the claimant to?
to obtain the entirety of the trusts loss from the defendant
241
what is required for recklessness
- risk is unjustifiable
- D must be aware of the risk and takes it anyway
242
when does involuntary intoxication provide a defence?
- to crimes of specific or basic intent
- D must lack mens rea
243
what happens where a D makes no plea
it is treated as though they have made a not guilty plea
244
can a trustee delegate their functions?
yes, if the delegation is for less than 12 months. they will remain vicariously liable for any acts or defaults
245
when does a home right bind a buyer
when registered in the charges register
246
can trustees sell trust property?
yes, if they obtain consent from all beneficiaries off full age who have an interest in possession
247
can trustees purchase land with trust money
yes, if it is in the UK
248
is a goodyear indication of plea binding?
yes, must be before entering plea
249
what is the remedy for breach of a non-rent covenant on an old lease?
damages
