FLK2

Question 1

A solicitor has received an email from a buyer client who is concerned that the father of the seller is living at the property. The solicitor has investigated the title and the seller is the sole registered proprietor.

How is the buyer’s position protected in this situation?

Answer 1

The solicitor acting for the buyer will seek confirmation from the seller’s solicitor that the seller’s father will sign the contract of sale as confirmation that they will vacate the property on completion.(A) The Special Conditions make provision for this and require a non-owning occupier to sign the contract of sale as evidence that they will move out of the property on completion. (B) is incorrect. Whilst the buyer’s solicitor would expect to see the presence of the father disclosed on the Property Information Form, this does not in itself protect the buyer. (C) is incorrect. The buyer’s solicitor will advise their buyer client to physically inspect the property, but this does not protect the buyer if the father chooses not to move out. (D) is incorrect. As is the case with the physical inspection, the buyer’s solicitor will advise their client to have a survey of the property carried out, but this does not protect the buyer if the father chooses not to move out. (E) is incorrect. It would be prudent to seek confirmation that the seller’s father has received independent legal advice, but of itself this does not protect the buyer. It is the signing of the contract by the non-owning occupier (in this case the father) which provides greater protection.QUESTION ID: PRP065

Question 2

A teenager stole a car from his neighbour’s driveway. The teenager was stopped for speeding, and the police discovered the car was stolen. The teenager was charged with theft which requires proof of intention to permanently deprive. At trial, the teenager raised as a defence that he intended to return the car before anyone realised it had been taken. The trial judge instructed the jury that, although the prosecution must prove each element of the offence beyond a reasonable doubt, the defendant has the responsibility to prove his defence on the balance of probabilities. The judge further instructed the jury that if the jury found on the balance of probabilities that the teenager intended to return the car, it should find him not guilty.

Was the judge’s instruction regarding the burden of proof correct?

Answer 2

No, because the instruction placed an improper burden of proof on the defendant.(B) The instruction was incorrect because it placed an improper burden on the defendant. In a criminal case, the prosecution has the legal and evidential burden to prove all ‘elements’ of the crime. Elements include the behaviour, result, and mental state found in the definition of the crime charged. This means the prosecution must raise these elements and provide sufficient evidence for each one (the evidential burden). Where the evidential burden is on the prosecution, it is always beyond a reasonable doubt. Because theft requires an intent to permanently deprive, the prosecution must prove that mental state beyond a reasonable doubt. By instructing the jury that the teenager had the burden of proving his intent to return the car, the judge relieved the prosecution of the burden of proving an intent to permanently deprive. Thus, (E) is incorrect. (A) provides a statement that usually is true – the defendant usually has the burden of proving a defence by the balance of probabilities – but not in this case, where that would result in relieving the prosecution of its burden. An intent to return the car would show a lack of intent to deprive permanently, which would negate liability. (C) is incorrect because it is too broad. The prosecution is not required to prove all disputed issues beyond a reasonable doubt, only the basic elements of the crime charged. (D) is incorrect because it, too, is too broad. The defence does serve as an admission of a taking, but the prosecution would still have to prove the other elements of theft, such as the intent to permanently deprive.QUESTION ID: CRL065

Question 3

A woman owned the following shares:

5% of the shares in X Ltd which she bought for £1,000 5 years ago. X Ltd manufactures and sells ladies fashion items.
20% of the voting shares in Y PLC. Y PLC is not listed. It makes and sells kites. The woman inherited the shares from her father 8 years ago.
75% of the voting shares in Z PLC. Z is listed on the London Stock Exchange. Z builds high value flats in city centres and rents them out on short term lets. The woman bought the shares for £50,000 10 years ago.
The woman died last month leaving a valid will including the following gifts:

I give all my shares in X Ltd to my son, Marco.
I give all my shares in Y PLC to my best friend, Alice.
I give all my shares in Z PLC to my colleague, Simon.
All of the beneficiaries are still alive.

Which of the following best describes the legal position regarding the availability of business relief for the gifts made in the woman’s will?

Answer 3

The gift of shares in X Ltd and Y PLC will qualify for 100% business relief, and the gift of shares in Z PLC will not attract business relief.(E) Shares in an unlisted trading company qualify for 100% relief so long as the shares have been owned for at least 2 years. This rule applies regardless of the percentage of the shares held and regardless of whether the company is private or public. Here, the woman owned her shares of X Ltd for 5 years and Y PLC for 8 years. Ltd indicates the X is private, and a private company cannot be publicly traded. Therefore, X cannot be a listed company. A PLC is publicly traded and can be a listed company, but the facts indicate that Y is not a listed company. Therefore, the gifts of X shares and Y shares each attract the 100% deduction. Shares in a quoted trading company can attract a 50% relief, but only if the deceased had voting control over the company (that is, owned more than 50% of the company’s shares). Here, the woman owned 75% of the voting shares of Z PLC, and the facts indicate that Z PLC is a quoted company. However, the facts indicate that Z PLC builds flats and rents them out. Renting flats out is not a trading activity, and so the gift of Z shares does not qualify for business relief. (A) is incorrect because it indicates that the gift of Z shares would qualify for 100% relief. (B) is incorrect both because it indicates that the gift of Y shares would qualify for only 50% relief and because it indicates that the gift of Z shares would also qualify for 50% relief. (C) is incorrect because it indicates that the gifts of the X shares and Y shares would qualify for only 50% relief. And (D) is incorrect because it indicates that the gift of Z shares would qualify for 50% relief. QUESTION ID: TAX130

Question 4

A man who was blind died recently. He made a will two years ago, leaving all of his assets to a friend. A neighbour has told the man’s children that the friend exerted a lot of influence over the man and behaved in a controlling manner towards the man in the final years of his life. The man’s children are upset not to receive anything under his will.

Which of the following best describes whether the children can challenge the validity of the man’s will?

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Answer 4

The children can challenge the validity of the will if they can prove that the friend’s actions amounted to coercion.(A) The children can challenge the validity of the will if they can prove that the friend’s actions amounted to coercion. For a will to be valid, the testator must have acted with an intention to make the particular will. A challenger may prove lack of intention by showing the testator made the will as a result of duress (that is, as a consequence of a threat of force), due to fraud, or because of undue influence (meaning coercion or pressure overpowered the testator’s free will). The children can, therefore, challenge the will on the basis of undue influence if they can prove that there was coercion or pressure that overpowered the freedom of action of the man. (B) is incorrect, as it may be possible to challenge the will on the basis of undue influence. (C) is incorrect. A will may be challenged for lack of capacity (that is, that the testator was unable to make decisions for themselves because of impairments of the brain). However, there is nothing to suggest that the man lacked capacity, and blindness does not affect a testator’s legal capacity. (D) is incorrect. Strong persuasion does not constitute undue influence. A higher level of pressure or coercion is required. (E) is incorrect. The usual presumption of knowledge and approval does not apply here, as the man was blind. This will assist the children in challenging the validity of the will.QUESTION ID: WEA006

Question 5

Question
Two friends were watching football at their favourite pub. Each was a fan of a different competing team. The friends got into an argument about which team was better. Harsh words were exchanged. In an uncontrolled fit of rage, one friend broke a beer mug and slashed at the other’s face with it. The friend being attacked twisted to avoid being hit in the face with the sharp glass, and it caught him in the neck, severing his jugular vein. The man died as a result and the attacker was charged with murder.

Which of the following elements would the attacker not have to show to claim loss of control as a partial defence to the murder charge?

Answer 5

An abnormality of mental functioning.(A) Loss of control is a partial defence when the defendant kills another and (1) his acts and omissions in doing or being a party to the killing resulted from his loss of self-control, (2) the loss of self-control had a qualifying trigger, and (3) a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or in a similar way to him. An abnormality of mental functioning is an element of diminished responsibility, not loss of control. All the other answer choices are part of the elements of loss of control.QUESTION ID: CRL052

Question 6

A man drinks a bottle of whiskey whilst watching a football match and becomes extremely intoxicated. On his way home, he picks up a bottle from the street. He approaches a passerby and smashes the bottle on their arm, causing a deep gash. Police attend the scene. Upon arrest, the man punches the police officer in the face, giving him a black eye. The man is charged with s18 grievous bodily harm (‘GBH’) for the attack on the passerby and actual bodily harm (‘ABH’) for the attack on the police officer.

Which best describes the effect of intoxication on both these offences?

Answer 6

ABH is a basic intent offence and so intoxication will not negate mens rea, but s18 GBH is a specific intent offence and so intoxication can negate mens rea.(E) Intoxication will not negate the mens area of ABH, but it can negate the mens rea of s18 GBH. Voluntary intoxication cannot negate the mens rea of basic intent offences, but it can negate the mens rea of specific intent offences. Offences of basic intent are those which can be committed either intentionally or recklessly. Specific intent offences cannot be committed recklessly; intention is required for the offence to be committed. ABH can be committed either by assault or battery, and so ABH’s mens rea is that of either assault or battery. The mens rea of assault is intention or recklessness regarding causing apprehension of immediate, unlawful violence. The mens rea of battery is intention or recklessness regarding the application of force. This means both forms of ABH can be committed recklessly, and so both are basic intent offences. By contrast, the mens rea of s18 GBH is intention to cause serious harm; the offence cannot be committed recklessly. This means s18 GBH is an offence of specific intent. For these reasons, (A), (B), (C), and (D) are incorrect.QUESTION ID: CRL110

Question 7

A woman discovers her husband has had an affair with another man by discovering lots of love letters from the man to her husband. The woman goes to the man’s house early one evening to speak with him, taking with her the letters. She sees all the lights are out, so she assumes there is no one at home. The woman sets fire to the love letters and posts them through the letterbox before leaving. The woman expects the letters to burn out on the doorstep. In fact, the fire spreads to the carpet and the rest of the house. The man is asleep upstairs and dies.

Is the woman guilty of manslaughter?

Answer 7

Yes, because she has committed an intentional, dangerous, and unlawful act which caused the death of the man.(D) The woman is guilty of manslaughter. There is no intention to kill or cause grievous bodily harm here, so voluntary manslaughter is not available. Likewise, there is no duty of care, so gross negligence manslaughter is not available. The only form of manslaughter that could apply here is unlawful act manslaughter (‘UAM’). UAM requires an act that is intentional, unlawful, and dangerous that causes the death of the victim. To be ‘unlawful’, there must be an underlying criminal offence. Here, we have an act that is intentional (she deliberately sets fire to the letters, if not the house) and dangerous (posting burning items through the letterbox) that causes the death of the victim. The act is also unlawful because it is arson. The definition of arson is intentionally or recklessly damaging or destroying property belonging to another by fire. Here we have the intentional damage to her husband’s love letters and the reckless damage to the carpet and house, which will satisfy the requirement. (A), (B), and (E) are incorrect because the woman intentionally set fire to the letters. (C) is incorrect because it is irrelevant whether a reasonable person would have checked to see if anyone was at home.QUESTION ID: CRL099

Question 8

Question
A solicitor in a busy conveyancing department has received the following email from a client who is buying a residential property:

‘I have just received a copy of my mortgage offer. I understand that your firm will receive your copy tomorrow. I would like your advice on whether the interest rate and mortgage product are suitable for me. As you know, I don’t know much about finance and would welcome your views! I am keen to know whether you think I’m getting a good deal!’

How should the solicitor respond to this email?

Answer 8

They should email the client promptly, declining to answer the questions raised and explaining that a conveyancing firm can give only generic comments on a mortgage offer.(D) The solicitor should email the client promptly, declining to answer the questions raised and explaining that a conveyancing firm can give only generic comments on a mortgage offer. Under the financial services rules, solicitors cannot give advice about specific financial products such as mortgages and generally may give only generic advice. (A) is incorrect as such a course of action is prohibited. (B) is incorrect because whilst a solicitor may suggest that the client takes independent financial advice, they would breach the duty of confidentiality owed to the client if they simply forwarded the email without first obtaining their client’s consent. (C) is incorrect for the reasons already explained – the form may not give the specific advice sought by the client. (E) is incorrect. Although it is true that the firm cannot give specific advice, there is no reason to delete the query from the firm’s records. QUESTION ID: PRP122

Question 9

A man passes away alone at home. Following his death, his will is found torn in half on the floor of his bedroom. His sister, who was the sole beneficiary of the will, seeks to claim her inheritance under it.

Which of the following outcomes is most likely?

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Answer 9

The will is presumed to be revoked, as it was found mutilated after the man’s death.(C) The will is presumed to be revoked because it was found mutilated after the man’s death. A will may be revoked through its intentional destruction by the testator. If a will is found mutilated when the testator died, it is rebuttably presumed the testator mutilated the will with the intention to revoke it. Here, the will was found torn in half after the man’s death, and so it is rebuttably presumed that he mutilated it with the intent to revoke it. (A) is incorrect because the presumption that the testator revoked the will is rebuttable; it is not conclusive. (B) is incorrect. Revocation by destruction does not require that the will be disposed of in a bin. (D) is incorrect because it is presumed that the man tore up the will. The sister can rebut this presumption. (E) is incorrect. A will can be revoked by burning, tearing, or otherwise destroying it. Therefore, tearing up the will can be sufficient to revoke it.QUESTION ID: WEA031

Question 10

On 1 January 2023, a shopkeeper purchased a new commercial building in Wales for £600,000 plus £150,000 VAT. The stamp duty land tax rates for commercial buildings at the time were as follows:

• 0% up to £150,000
• 2% £150,001 - £250,000
• 5% of amounts over £250,000

The Land Transaction Tax rates at the time were:

• 0% up to and including £225,000
• 1% £225,001 - £250,000
• 5% £251,001 - £1 million
• 6% on the portion over £1 million

What is the tax payable by the shopkeeper?

Answer 10

(A) As the property was in Wales then Land Transaction Tax (‘LTT’) is due rather than Stamp Duty Land Tax. LTT on a new commercial building is payable on the VAT inclusive price at the non-residential rates. Thus, the tax will be based on £750,000. Under the rates given, nothing is owed for the first £225,000. £250 is owed on the next £25,000 (1% of the amount between £225,000-£250,000) and £25,000 would be owed on the £500,000 purchase price above £250,000 (£500,000 x 5% = £25,000). £250 + £25,000 = £25,250. QUESTION ID: TAX174

Question 11

Question
A man and his son buy a house, contributing equally to the purchase price. The house is conveyed into the name of the son alone to enable his father to claim state benefits by concealing his assets, which the father has done. The father and son are now estranged, and the father wishes to claim a share in the house. There is no written evidence to support his claim.

What is the likely result of the father’s claim?

Answer 11

It will be up to the court to decide based on public interest.(A) If a property transfer was made as part of an illegal or fraudulent transaction, the court must decide whether it is in the public interest to allow a claim. The court would take into account all relevant factors, including the underlying purpose of the relevant law and the respective conduct of the parties. In these circumstances, the court would likely consider whether creditors have in fact been deceived, whether the son was aware of the scheme, and the effect on either party of allowing the man’s claim. None of the other answer choices is as good as (A) because they each provide a definitive result. (C) is incorrect because the requirement that a declaration of trust of land be evidenced in signed writing does not apply to an implied trust, as would arise here if the court decides that is in the public interest. (E) is incorrect because, although the registered owner is entitled at common law, a claimant can establish an equitable interest under a trust.QUESTION ID: TRU027

Question 12

A testator died leaving a will in which he left the residue of his estate to trustees on trust for his widow for life with remainder to his nephew, provided he attains the age of 25. The will contains no express powers. The widow is still alive, and the nephew is 17 and about to go to university. He asks the trustees to give him some of the income to help with his university fees.

May the trustees use the income in this way?

Answer 12

No, because the nephew has no interest in the income.(E) The trustees cannot use the income to pay the nephew’s university fees because he has no interest in the income. The power to pay or apply income for a beneficiary’s maintenance, education, or benefit only applies where the beneficiary has an interest in the income. In this case, the income has been expressly given in the will to the testator’s widow, and so the trustees must pay the income to the widow and have no power to use it for the benefit of the nephew. (A) is incorrect because, although a child under 18 cannot give a valid receipt, this is not the reason why the trustees cannot pay the income to the nephew. (B) is incorrect because the power to use income for a beneficiary’s maintenance, education, or benefit does apply to beneficiaries with a contingent interest, but they also must have an interest in the income. (C) is incorrect because no express power would change the duty of trustees to pay the income to the beneficiary entitled to income under the will. (D) is incorrect because the nephew has no interest in the income. If he did, the trustees could use the income for the beneficiary’s education or benefit, not just for his maintenance.QUESTION ID: TRU059

Question 13

In December 1999, a man purchased a house for £176,000. The man has always rented out the house to tenants. In December 2000, he installed a new bathroom at a cost of £6,400. In January 2023, he sold the house for £642,000. He also paid stamp duty land tax at 1% of the purchase price when he bought the house.

What is the chargeable gain on disposal of the house?

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Answer 13

£457,840(D) £457,840. On disposal of a chargeable asset, any purchase costs incurred at acquisition are deductible (for example, SDLT). The costs of any capital improvements are also deductible (for example, the new bathroom). The chargeable gain is always the gain pre-deduction of the annual exemption. So, it is sale price £642,000 – (£176,000 + £1,760 + £6,400) = £457,840.QUESTION ID: TAX159

Question 14

A solicitor is acting for a limited company regarding the purchase of a lease of shop premises. The company is taking an assignment of an existing lease which has a residue of 20 years and is registered at His Majesty’s Land Registry. The limited company is taking out mortgage financing to assist with the purchase.

What steps will the solicitor acting for the limited company need to take after completion?

Answer 14

The solicitor should send a stamp duty land tax return and pay any tax due within 14 days and apply to register the change of ownership and mortgage at the land registry within the priority period of the official search.(C) The solicitor should send a stamp duty land tax (SDLT) return and pay any tax due within 14 days and apply to register the change of ownership and mortgage at the land registry within the priority period of the official search. An SDLT return is due within 14 days, and any tax due must be paid within that period. This is a strict deadline. And a solicitor should register a change of title and mortgage on registered land (the facts make it clear that this is a registered title) within the official search with priority time period (30 working days) or risk having an intervening interest registered that would be good against the buyer. (A), (B), and (D) include incorrect timescales. (E) is incorrect because the epitome of title (listing and giving copies of title documents) is prepared for unregistered land, and it is prepared by the seller’s solicitor in the pre-contract stage.QUESTION ID: PRP133

Question 15

A woman died last month, owning a house, cash of £30,000, and shares in HSBC plc and M&S plc. When the woman executed her will, she owned the house, shares in BT plc, and a Mercedes car.

Her will included the following provisions:

(1) I give my shares to my daughter.

(2) I give the remainder of my estate to my son.

There are no other relevant clauses.

Which of the following best describes entitlement to the woman’s estate?

Answer 15

The son will inherit the entire estate.(A) The son will inherit the entire estate. The basic rule of succession is that a will speaks from the date of death unless a contrary intention is apparent in the will. Therefore, the will disposes of the assets owned by the woman at the time when she died, even though these are different from the assets that she owned when she executed the will. However, this basic rule will not apply if a contrary intention is apparent in the will. When a testator makes a gift of “my shares”, they are normally taken to have shown an intention contrary to the basic rule. Instead, the testator intended for the beneficiary to receive the property as it was on the day of the will’s execution and not on the day of the testator’s death. Consequently, the gift of shares to the daughter will fail because the BT plc shares the woman owned when she wrote the will were not in her estate when she died. Therefore, the son will inherit the entire estate. (B) is incorrect. The gift of shares to the daughter will fail, and she will receive nothing. The son inherits the entire estate. (C) is incorrect. The will generally speaks from the date of death, so the cash will be covered by the gift of the residuary estate to the son even though the woman did not hold this cash when she executed the will. (D) is incorrect. The daughter is not entitled to ask the personal representatives to buy shares in BT plc for her. (E) is incorrect. Although particular gifts may fail, the will’s validity is not impacted by the changes in the woman’s assets after she made the will.QUESTION ID: WEA047

Question 16

A woman died intestate last week. The woman was survived by a brother, half-sister, grandparents, and several aunts.

Who is entitled to share in the distribution of the woman’s estate?

Answer 16

(A) Only the woman’s brother is entitled to inherit the woman’s estate. When a person dies intestate without a spouse or civil partner, the strict order of entitlement under the intestacy rules applies to determine who will inherit the estate. The order of entitlement begins with issue, parents, siblings of the whole blood, and then siblings of the half blood. In this situation, the woman’s brother is entitled to all of her estate to the exclusion of all other relatives. The brother has priority over the woman’s half-sister, who would be classified as a sister of the half blood. Accordingly, (B) is incorrect. (C) and (D) are incorrect for that reason and also because grandparents are entitled to share in an estate only if there are no living issue, parents, or siblings of the whole or half blood. (E) is incorrect for the reasons explained above; also, aunts and uncles come after grandparents in the order of entitlement.QUESTION ID: WEA074
QUESTION ID: WEA074

Question 17

Question
A suspect has been arrested on suspicion of a number of high value burglaries. The investigating inspector has reasonable grounds to believe that, if permitted to inform someone of her arrest, the suspect will notify other parties involved in the burglaries and thereby trigger the removal of evidence from her property.

Can the inspector prevent the suspect from informing someone of her arrest?

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Answer 17

Yes, the right to inform someone of arrest can be delayed for a maximum of 36 hours.(D) The inspector can prevent the suspect from informing someone of her arrest for a maximum of 36 hours. A suspect has a right to have a friend, relative, or other person informed of their arrest. Delay is permitted only when: (1) the suspect is arrested on an indictable only or either way offence; (2) a police officer of the rank of inspector or above has authorised the delay in writing; and (3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence. The right can be delayed a maximum of 36 hours and should only be delayed as long as necessary. Here the suspect was arrested for burglary, which is an either way offence. The officer believes the exercise of the right may lead to the interference with evidence. Therefore, the inspector can authorise the delay in writing for a maximum of 36 hours. (A) is incorrect, as it is possible to delay the right to notify a person of arrest in certain circumstances. (B) is incorrect because the officer must have the rank of inspector or above. (C) and (E) are incorrect, as 36 hours is the maximum by which the right to inform someone can be delayed.QUESTION ID: CRP138

Question 18

A man is upset that his neighbour plays loud music late into the night. The man decides that as soon as the neighbour is gone, he will burn the neighbour’s house down. The man purchased a petrol can, filled it, and brought it home. One evening, the music was silent. The man assumed his neighbour was gone for the night, and so he retrieved the can and some matches and walked toward his neighbour’s house. He opened his neighbour’s gate and started pouring petrol on the house. Fortunately, the neighbour was home and came outside when he heard his gate open. He tackled the man and prevented him from lighting a match to burn the house.

Which of the following presents the earliest time at which the man could be found guilty of attempting to commit arson?

Answer 18

When the man poured the petrol on the house, because that is more than merely preparatory towards completing the offence.(C) The earliest the man could be convicted of attempt is when he began pouring petrol on his neighbour’s house. Attempt is defined as an act which is more than merely preparatory in the commission of the offence. The man went beyond mere preparation when he started pouring petrol on the neighbour’s house. Consequently, (A), (B), (D), and (E) are incorrect because doing a preparatory act or merely deciding to commit a criminal offence do not go far enough toward completion. (B) and (E) are also incorrect because they state tests not used in the UK.QUESTION ID: CRL069

Question 19

Question
A father and his son were arguing on the front lawn of the son’s house. The father, who was a bigger and slower man, attempted to end the argument by pushing his son as hard as he could. The son, fearful that his father would continue to escalate the fight as he had done in the past, tackled the father and pinned him to the ground, although the son could have easily escaped into his house.

If the son is tried for common assault, what is his best defence?

Answer 19

It was reasonable in the circumstances for the son to pin the father to the ground to prevent further violence.(C) The defence of self-defence is available to use against a charge of common assault if the defendant was being reasonable in protecting himself. (A) is incorrect because the focus is on whether the force used was reasonable and not on whether the force was used in an attempt to hurt. (B) is incorrect because it does not go far enough – that the son knew his father escalated things in the past makes the force reasonable only if we have a fact telling us the son believed the father would escalate things here. (D) is incorrect because it does not go to whether the force used was reasonable. (E) is incorrect because it goes too far; the son can do only reasonable things to prevent his father from hitting him.QUESTION ID: CRL060

Question 20

A woman witnessed a violent robbery in the street. She provided a statement to the police shortly after the incident, detailing events. She subsequently suffered a stroke and was taken to hospital where she remains. The suspected robber is now on trial.

Will the prosecution be able to adduce the woman’s written statement at court?

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Answer 20

Yes, because the woman is not available to attend.(C) The prosecution will be able to adduce the woman’s written statement because the woman is not available to attend. Hearsay is a statement made outside of court, which is adduced to prove the truth of its content. A written witness statement is therefore hearsay, and so (A) is incorrect. Hearsay can be admissible if the witness is not available. A witness is considered unavailable when they are dead, unfit owing to bodily or mental condition, or outside of the UK and it is not reasonably practicable to secure their attendance. Here, the woman having a stroke and remaining in hospital will satisfy the requirement for unavailability, and so (C) is correct. (B) is incorrect. Res gestae is also a category of admissible hearsay, and it refers to when a witness was so emotionally overpowered by the events at the time of making the statement that concoction can be disregarded (think of the content of a panicky 999 call, for example). Here, there is no suggestion of the witness being emotionally overpowered at the time of making the statement. (D) is incorrect as in these kind of circumstances where the witness is in ill health the written statement can be adduced. (E) is incorrect because the statement is hearsay.QUESTION ID: CRP121

Question 20

A woman is about to commence proceedings for divorce from her husband. She does not hold a legal interest in the matrimonial home. Title to the home is registered at His Majesty’s Land Registry.

Which of the following best describes how her home right should be protected?

Answer 20

A notice on the register of title.(A) The woman’s home right should be protected by a notice on the register of title. Rights of occupation enjoyed by a non-owning spouse or civil partner under the Family Law Act 1996 are protected by registration of the home right as a notice on the registered proprietor’s register of title. A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge. Here, title to the home is registered, so the woman’s home right will be protected by a notice on the home’s register of title. (B) is incorrect because registration of a Class F land charge is how the woman would protect her home right if title to the property were unregistered. Here, title to the home is registered. (C) is incorrect because a restriction is not the appropriate means of protection here. A restriction is used to prevent any dealing with land other than in accordance with the terms of that restriction. It is used, for example, to protect the beneficial interest of parties holding as tenants in common. (D) is incorrect because a caution on the register of title is not the appropriate method of protection here. A caution against first registration is used, for example, to protect a party’s interest in unregistered land and ensure that the cautioner receives notification of an application to register the land. (E) is incorrect because, as explained above, protection for the woman’s home right is available in the registered and unregistered system. Here, the woman will protect her interest with a notice on the register of title.QUESTION ID: LAN096
QUESTION ID: LAN096

Question 20

Question
A commercial lease contains the following tenant covenant:

“The lessor covenants not to assign the lease without the landlord’s written consent”.

The tenant wishes to assign the lease and has found a reliable prospective tenant, but the landlord does not like the prospective tenant because he supports Real Madrid, a football team which the landlord dislikes.

Does the tenant have any redress?

Answer 20

Yes, as this is a qualified covenant against assignment, the landlord cannot unreasonably withhold their consent.(D) The landlord would not be allowed to unreasonably withhold consent because the words ‘without the landlord’s written consent’ make this a qualified covenant. With a qualified covenant, statute will assist the tenant and provides that the landlord cannot unreasonably withhold their consent, which the landlord appears to be doing. His dislike of a football team is not sufficient reason for him to refuse consent. (A) and (B) are incorrect because the words ‘‘without the landlord’s written consent’ make this a qualified covenant, as explained above. An absolute covenant would simply provide: “The lessor covenants not to assign the lease”. (C) is simply incorrect; there is no such rule. (E) is incorrect, for the reasons explained above – because the language used is treated as a qualified covenant, consent cannot unreasonably be withheld. QUESTION ID: LAN137

Question 21

A trustee was appointed under a trust of concurrent interests with two equally entitled beneficiaries. The trustee removed £10,000 from the trust bank account and gave it to their cousin. The cousin remarked to the trustee that they were surprised at the gift as they thought the trustee had no money. The trustee merely winked in reply. The trustee is bankrupt, so a tracing claim has little or no value.

Which of the following best states the legal position regarding the cousin’s liability?

Answer 21

The cousin likely had sufficient knowledge of the circumstances such that it would be unconscionable for the cousin to retain the funds.(C) The cousin likely had sufficient knowledge of the circumstances such that it would be unconscionable for the cousin to retain the funds. A knowing recipient is a person who receives money or property traceable to a breach of trust with knowledge of the breach. The person must have sufficient knowledge as to make it unconscionable for the recipient to retain the property. Unconscionability will be found if the recipient’s knowledge falls into one of the following categories: (1) actual knowledge, (2) wilfully closing one’s eyes to the obvious, (3) wilfully and recklessly failing to make such inquiries as an honest and reasonable person would make, (4) knowledge of circumstances which would indicate the facts to an honest and reasonable person, or (5) knowledge of circumstances which would put an honest and reasonable person on inquiry. Here, the cousin thought that the trustee had no money, and the trustee merely winked when the cousin mentioned this. The cousin should have known that there was something suspicious about the money, and he would likely be considered to have wilfully closed his eyes to the obvious or at least have had knowledge that would put a reasonable person on inquiry. (A) is incorrect because it is part of the standard for bona fide purchasers. A person who acquires title to trust property for value and without notice of the trust takes the property free of the equitable interests of the beneficiaries. Here, the cousin received trust property for free and had knowledge of suspicious circumstances. (B) and (D) are incorrect because the cousin does not meet the definition of a dishonest accessory. A dishonest accessory is a person who dishonestly facilitates a breach of trust. Dishonesty is described as unconscious impropriety. Here, the cousin did not facilitate the breach of trust; the trustee had already removed it from the trust bank account. (E) is incorrect because an innocent volunteer recipient comes into possession of trust property with no knowledge or suspicion that a breach of trust has occurred. As explained above, the cousin had suspicions about the source of the money. QUESTION ID: TRU120

Question 22

A street robbery takes place in a crowded town centre. A shopper is at the scene of the robbery and goes to a nearby police station to provide a statement of what he witnessed. He describes the perpetrator as having a black hooded top, brown hair, and blue eyes. The police officer taking the statement goes back to the scene of the robbery with the shopper to see if the suspect is still in the vicinity. The shopper points out a person nearby who has a black hooded top, brown hair, and blue eyes and confirms that they are the perpetrator of the robbery. The suspect is arrested and subsequently denies the offence in interview.

Should an identification procedure be held?

Answer 22

Yes, as the shopper has purported to identify the perpetrator.(A) An identification procedure should be held because the shopper has purported to identify the perpetrator. Identification procedures must be held when: (1) a witness has identified or purported to identify a suspect, (2) a witness expresses the ability to identify a suspect, or (3) there is a reasonable chance of a witness being able to identify the suspect. Here, the shopper has purported to identify the suspect. The sighting of the suspect in the vicinity of where the offence took place is not a formal identification. As the suspect is not known to the witness, a formal identification process should now take place. (B) is wrong as it is irrelevant whether the first description matched the appearance of the suspect; the key is that the shopper has purported to identify the suspect. (C) and (E) are incorrect because confrontation and group identification are two types of formal (if unusual) identification procedures that can be used once a suspect has been identified. Here, the suspect was not known at the time of the street identification, so the street identification was neither type of identification procedure. (D) is wrong as the suspect is not known to the witness, and so an identification procedure should still be held. QUESTION ID: CRP01

Question 23

A, B, and C purchased a property together in 2010. They all contributed equally to the purchase price and were all registered as joint proprietors. They held the property as beneficial tenants in common. A died in 2018. A buyer for the property has been found and a contract entered into for the sale.

Which of the following best describes how the buyer’s position should be protected in relation to his purchase?

Answer 23

The buyer does not need to do anything other than take a transfer from B and C as they are the surviving co-owners.(D) The buyer does not need to do anything other than take a transfer from B and C as they are the surviving co-owners. A buyer may take free of a beneficiary’s interest under a trust through a legal process called overreaching. The purchase money is paid to at least two trustees, which transfers the interest of the beneficiaries from the land and attaches it to the money. Here, there are two surviving trustees, so the buyer can overreach the beneficial interest by taking a transfer from B and C and paying them the purchase money. (A) is incorrect because registration of an estate contract land charge is relevant to unregistered title, but here, title to the property is registered. (B) is incorrect because it is not a necessary step to protect the buyer’s position. As explained above, the transfer by B and C, the surviving co-owners, is sufficient to overreach the behind-the-scenes beneficial interest. (C) is incorrect because only two trustees are required to give a valid receipt to effect overreaching. (E) is incorrect because the term ‘override’ is not relevant in this context.QUESTION ID: LAN089

Question 24

A firm of solicitors has paid a disbursement of £250 for a client on receipt of a cheque from the client of £1,500 to be held on account of costs. Subsequently the firm is informed by its bank that the cheque has been dishonoured and the client account goes overdrawn.

Which of the following statements is correct concerning the transaction?

Answer 24

The firm must promptly transfer £250 from the business account to the client account, to remedy the breach.(D) A firm must not withdraw more than the money that is held for that client. This is a breach of the SRA Accounts Rules and the firm must promptly, upon discovery, remedy this breach. (A) is incorrect because there is a breach of the Rules for the reasons set out above. (B) is incorrect because there is no obligation on the firm to cease to act for a client that provides it with insufficient funds. (C) is incorrect because there are no Rules that state a firm cannot draw against an uncleared cheque. This is poor practice however, and most firms will have systems in place to prevent this from happening. (E) is incorrect because the firm need only transfer the amount by which the client account is overdrawn.QUESTION ID: ACC046

Question 25

Question
A property owner is concerned because his neighbour has decided to keep pigs on their land. The property owner believes this activity breaches a covenant entered into by the property owner’s predecessor in title. The covenant states that there must be ‘no noxious odorous or offensive activity’ taking place on the neighbour’s land.

Which of the following is a condition that must be satisfied for the property owner to enforce the benefit of the covenant at law?

Answer 25

The covenant must have been intended to run with the land held by the predecessor in title.(E) One condition the property owner must satisfy is that the covenant must have been intended to run with the land held by the property owner’s predecessor in title. Additionally, in order to enforce the benefit of the covenant at law, the property owner must show that (1) the covenant touches and concerns his land; (2) at the time the covenant was made, the property owner’s predecessor in title held the legal estate in the land to be benefitted; and (3) the property owner now holds the legal estate in the land to be benefitted. (A) is incorrect because the property owner’s predecessor in title did not need to have held both the legal estate in the land to be benefitted and the land to be burdened for the property owner to enforce the covenant. As explained above, the predecessor in title needed to have held only the legal estate in the land to be benefitted. (B) is incorrect because whether the neighbour’s land is part of a building scheme may be relevant to enforcement of the covenant in equity, but the question asks about enforcement at law. (C) is incorrect because in addition to not being a relevant condition, positive covenants generally bind only the original covenantor and are difficult to enforce. (D) is incorrect because the opposite is true: the covenant must not be personal in nature in order for the property owner to enforce it. In other words, the covenant must touch and concern the land to be benefitted. QUESTION ID: LAN012

Question 26

An unmarried couple is pleased to receive an email from their solicitor confirming that their purchase of a freehold house has just completed. The solicitor has confirmed that she will remove the seller’s legal charge from the charges register and will register a Form A restriction to reflect the fact that the buyers will hold the beneficial interest as tenants in common.

When does title pass to the buyers?

Answer 26

Title passes on registration.(C) If title to land is registered, title passes to the buyers on registration. Here, you are told that there is a charges register, so this title is already registered. Thus, title passes on registration. (A) is incorrect. Exchange merely creates the obligation to buy and sell; there is no passage of title at this time. (B) is incorrect. Title passes when the registration of the buyers as registered proprietors takes place. The registration of the Form A restriction deals with the beneficial interest as between the unmarried couple and is not relevant to the passing of title. (D) is incorrect. Title passes on completion if the title is unregistered, which is not the case here. (E) is incorrect. Removal of the legal charge does not have any effect on when title passes.QUESTION ID: PRP161

Question 27

An artist and doctor, an unmarried couple, have been living together in a flat registered in the name of the doctor alone. At the time of the purchase, the doctor paid 30% of the purchase price, and the artist paid nothing. The remaining amount was raised by a mortgage on the property. Throughout their relationship the doctor repeatedly assured the artist that the flat should be considered both of theirs, but there is no written evidence of this. The parties have now separated, and the artist wants to claim an equitable interest in the property.

Does the artist have a valid basis for claiming an interest in the flat?

Answer 27

Yes, because the doctor’s statements show an intention that the artist should have an interest in the flat.(A) The artist has a valid claim for an interest in the flat because the doctor’s statements show an intention that the artist should have an interest in the flat. When the non-legal owner attempts to assert an equitable interest in the family home, the court will impose a constructive trust in favour of the non-legal owner if the non-legal owner can establish that: (1) the parties had a common intention, either express or inferred, that the non-legal owner should have an equitable interest in the property; and (2) the non-legal party relied to their detriment on the common intention. To establish that the parties had an express common intention, the non-legal owner must show that there were actual discussions between the parties which led the non-legal owner to the belief that they should have an interest in the property. Here, the legal owner, the doctor, repeatedly assured the artist that the flat should be considered both of theirs. These statements show an express common intention that the artist should have a share in the flat. (B) is incorrect because the fact the parties lived in the flat as a family home is insufficient to show that the artist has a claim to the flat. (C) is incorrect because the court can impose a constructive trust in favour of the non-legal owner when there is no declaration of trust. (D) is incorrect because a non-legal owner can claim an interest in property through an express declaration of trust or by asking the court to impose a common intention constructive trust. (E) is incorrect because a non-legal owner can have an equitable interest in property despite not paying toward the purchase price. QUESTION ID: TRU134
QUESTION ID: TRU134

Question 28

Question
A couple are purchasing a property and note from the Property Information Form that the seller built a garage at the property eight years ago. The buyer’s local search reveals no planning permissions relating to this property.

Can the local authority take enforcement action against the buyers after the purchase completes?

Answer 28

No, because the time limit for enforcement action for lack of planning permission is four years.(D) The time limit for enforcement for unauthorised building work is four years, so the enforcement period passed four years ago, as the garage was built eight years ago. (A) is incorrect. A 10-year enforcement period applies to unauthorised material change of use and not to building without permission. (B) is incorrect as the one-year enforcement period applies to actions to enforce building regulations. (C) is incorrect as the unlimited jurisdiction time limit applies to when a local authority seeks an injunction to require an owner to bring a building up to the building regulations standards. (E) is incorrect because the period is four rather than five years.QUESTION ID: PRP103

Question 28

A woman sends a signed letter to her son in which she states that she gives him her cottage, Greenacre, to hold on trust for the son’s two daughters equally. The following week, the woman dies. Greenacre is still registered in her name. In her will she appoints her son to be her executor and leaves all her estate to a named charity.

Is the trust of Greenacre valid?

Answer 28

Yes, because the son takes the legal title as executor.(B) The trust is valid because the son takes the legal title as executor. The woman was attempting to create a trust of land with her son as trustee and his daughters as beneficiaries. The requirements for a valid declaration of trust are that the three certainties and the beneficiary principle must be satisfied and, where the trust property is land, the declaration and its terms must be supported by evidence in signed writing. Here, the letter to the son demonstrates certainty of intention (the son is to hold the property on trust), certainty of subject matter (Greenacre), and certainty of objects (the son’s two daughters). The beneficiary principle is met as the two daughters are ascertainable human beneficiaries. In addition, the settlor must transfer the land to the trustee by means of a deed of transfer which must be registered at HM Land Registry. Where no such transfer is made, the trust is said to be incompletely constituted. Such a trust will usually fail unless one of the exceptions applies. The every effort test applies where the settlor has done everything required of her to complete the transfer of the legal title, and has put the property outside her control. The woman has not satisfied this test because she did not complete a deed transferring the legal title and deliver it to the trustee. A second exception is the rule in Strong v Bird which applies where the settlor makes an attempt to transfer the title which fails, her intention continues up to her death, and the intended trustee or donee acquires the legal title as her personal representative. All these requirements are met in this case. The letter was a failed attempt to transfer the legal title, and there is nothing to suggest that the settlor had changed her mind before she died. Therefore, the son takes the legal title as executor and holds Greenacre on trust for his daughters. (A) is incorrect because, although the trust is incompletely constituted, it does not fail. (C) is incorrect because there is no requirement for a declaration of trust to be in writing. (D) is incorrect because the signed letter is sufficient to prove the terms of the trust. (E) is incorrect because, as stated above, the every effort test is not satisfied.QUESTION ID: TRU009

Question 29

A trust of successive interests has been created with one life tenant and one remainderman. The remainderman wishes to receive an advancement of capital.

Which of the following best states the legal position with respect to the advancement?

Answer 29

The remainderman may receive an advancement of capital, but it is at the discretion of the trustees and must be with the written consent of the life tenant.(E) Trustees’ power to advance capital is discretionary. When there is a trust of successive interests, any beneficiary with a prior interest must give their written consent to an advance. Therefore, an advancement of capital to a remainderman must be with the written consent of the life tenant. (A) is incorrect because the remainderman may receive an advancement of capital if the above requirements are met. (B), (C), and (D) are incorrect because the remainderman can receive an advancement at the trustees’ discretion and with the written consent of the life tenant.QUESTION ID: TRU094
QUESTION ID: TRU094

Question 30

A defendant is charged with actual bodily harm (‘ABH’) for tattooing his friend without his consent. The incident is alleged to have occurred at a party that both attended. The defendant’s defence, as set out in his defence case statement, is that his friend consented. After charge, the prosecution obtained the friend’s phone records, which indicate he sent the defendant repeated text messages after the alleged incident talking about how much fun he had at the party. The prosecution do not intend to rely on this evidence at trial.

Are the prosecution under an obligation to disclose the text messages to the defence?

Answer 30

Yes, as the messages potentially undermine the prosecution case or assist the defence.(C) The prosecution are under an obligation to disclose the text messages to the defence. The prosecution have an ongoing duty to disclose any evidence that might reasonably be considered capable of undermining the prosecution case or assisting the defence. The text messages potentially undermine the prosecution case and therefore should be disclosed. (A) and (B) are incorrect as the prosecution are under an ongoing duty to disclose. (D) is incorrect as the duty to disclose does not extend to all material, only that which potentially undermines the prosecution or assists the defence. (E) is incorrect as the relevant test for disclosure is not the interest of justice.QUESTION ID: CRP059

Question 31

Question
A defendant appears in the Magistrates’ Court charged with battery. The defendant earns minimum wage in a meatpacking warehouse and has no savings. He is of good character and is likely to lose his job if convicted.

What are the defendant’s options for representation in court?

ResponsesPress Enter or Space to submit the answer

Answer 31

A representation order can be granted if the interests of justice test and the means test are passed, or the defendant can privately fund his representation.(E) A representation order can be granted if the interests of justice test and the means test are passed, or the defendant can privately fund his representation. (A) and (B) are incorrect as they include only part of the test for the grant of a representation order for publicly funded representation. The defendant must satisfy two requirements for an order to be awarded: the interests of justice test and the means test. Private funding is always an alternative to public funding, and so (C) and (D) are incorrect. QUESTION ID: CRP050
QUESTION ID: CRP050

Question 32

Question
A woman is selling her property and has found an interested buyer. For the last five years, the woman has allowed her neighbour to take a shortcut across her land to reach a nearby park. However, this arrangement has never been formalised. A worn path has now been created in the rear of the property by the neighbour’s regular crossing.

Does the woman have a duty to disclose this use in the contract with the buyer?

ResponsesPress Enter or Space to submit the answer

Answer 32

No, because the use is a patent defect and patent defects need not be disclosed.(C) The woman need not disclose the use, as it is a patent defect. A right-of-way which is visible, such as the one in the question, is a patent defect. It does not need to be disclosed in the contract because the seller’s duty of disclosure does not extend to patent defects. (Note that a prudent solicitor would advise the woman to disclose the right-of-way anyway – to avoid any possible misrepresentation claim – but disclosure is not actually required under the circumstances.) (A) is incorrect, both because the defect is patent (obvious) rather than latent (not obvious), and because the rule is the opposite of that stated – latent defects must be disclosed. (B) is incorrect because for the reasons just explained – disclosure is not required here, so non-disclosure will not result in liability. (D) is incorrect as the doctrine of ‘caveat emptor’ (that is, let the buyer beware) is the reason that the defect does not need to be referred to in the contract – because the defect is observable, the doctrine of caveat emptor applies and the buyer has the burden of discovering the defect. (E) is incorrect because it has the rule backwards – patent defects need not be disclosed, as discussed above. QUESTION ID: PRP231

Question 33

A defendant is standing trial in the Crown Court on a charge of theft. The defendant is age 20 and has no previous convictions. The defendant previously worked as a labourer on a building site for two years but is currently unemployed. The defendant has no affiliation with community or charity groups.

Should the judge give the jury a good character direction in this case?

Answer 33

Yes, relating to both propensity and credibility.(A) The judge should give the jury a good character direction in this case. If the defendant has no previous convictions, they are entitled to have the judge give a good character direction to the jury. A good character direction consists of two parts: the propensity direction and the credibility direction. The propensity direction is that a person of good character is less likely to have committed this offence. The credibility direction is that a person of good character is more likely to be credible where they assert their innocence either before or during trial. (B) and (C) are incorrect, as good character directions are available to any defendant with no previous convictions or other specific evidence of bad character. (D) and (E) are incorrect, as the defendant is entitled to both a propensity and credibility direction.QUESTION ID: CRP028

Question 33

A homeowner borrows £50,000 from a bank. The loan is secured by a second mortgage over the homeowner’s house. The contractual date to redeem the mortgage is six months after creation of the mortgage. After six months, the homeowner is unable to repay the loan and falls three months behind in interest payments.

Can the bank exercise a power of sale over the property?

ResponsesPress Enter or Space to submit the answer

Answer 33

Yes, because six months have elapsed since the homeowner entered into the mortgage and the interest payments are more than two months in arrears.(B) The bank may exercise a power of sale over the property because six months have elapsed since the homeowner entered into the mortgage and the interest payments are more than two months in arrears. A legal mortgagee has the power to sell a mortgaged property without the need to apply to a court, provided the contractual date set to redeem the mortgage has passed and other conditions, such as interest payments being more than two months in arrears, are satisfied. Here, the contractual date to redeem the mortgage was six months after the mortgage’s creation. This date has now passed, the homeowner has not made interest payments for three months, and therefore the power of sale has become exercisable. (A) is incorrect because the fact that the bank has a second charge is irrelevant. A lender with a charge ranking behind another lender can still exercise a power of sale. Whether there will be any funds left after the sale to pay off the second charge is a concern for the second lender since the sale proceeds will be used to pay off the first charge before theirs. However, this is not relevant to whether the second lender has the right to exercise a power of sale. (C) is incorrect because, as explained above, the power of sale has become exercisable. (D) is incorrect because the bank will not necessarily need to take proceedings in the High Court. The venue for the proceedings will depend on the value of the claim, which is not provided in the facts. (E) is incorrect because it is irrelevant. The second mortgagee does not need to secure the agreement of the first mortgagee to exercise the power of sale, but the first lender will be paid first out of the sale proceeds due to the doctrine of priority of mortgages.QUESTION ID: LAN023

Question 34

A 14-year-old child is convicted after trial in the Youth Court for criminal damage. The 14-year-old has one previous conviction for which he received a referral order.

Which of the following best describes the court’s power to make a referral order?

Answer 34

(E) The court cannot impose a referral order on the 14-year-old because the sentencing follows conviction after trial rather than a guilty plea. Referral orders are not available when a defendant has pleaded not guilty to all charges and is convicted after trial. If a defendant pleads guilty to an imprisonable offence and it is their first offence, the court must impose a referral order. If the defendant pleads guilty to some offences but not guilty to others, a referral order may be imposed. Likewise, if the defendant has previous convictions, a referral order may be imposed. Here, the defendant has a previous conviction but has not pleaded guilty to any offences, so (A), (B), and (C) are incorrect. Referral orders are available to all defendants aged 10-17, so (D) is incorrect. QUESTION ID: CRP114

Question 35

A man and his brother died in an accident last month. The man’s valid will appointed his brother, sister, and 14-year-old son as his executors. The man’s wife and 18-year-old daughter are also alive.

Who has the best right to apply for a grant of representation to the man’s estate?

Answer 35

The sister only.(A) The sister should apply for a grant of representation (specifically, a grant of probate), as she is the executor named in the will. The man’s brother is also named as an executor, but this appointment cannot take effect because he has died. Minors also cannot take a grant, so the 14-year-old son cannot apply. Therefore, (C) is incorrect. As the sister has the right to apply for the grant as an executor under the will, the other family members do not have the right to apply for a grant. If the man had died intestate or without appointing an executor in his will, other family members might be eligible to apply. Consequently, the man’s wife and daughter have no right to a grant, and (B), (D), and (E) are incorrect.QUESTION ID: WEA097

Question 36

The bookkeeper for a veterinary practice withdrew £2,000 from one of the practice’s bank accounts to pay the bookkeeper’s rent for the month. The bookkeeper intended to replace the money a few days later once she had been paid.

Which of the following would be the most appropriate offence with which to charge the bookkeeper?

Answer 36

Fraud by abuse of position.(C) The bookkeeper should be charged with fraud by abuse of position. A defendant commits fraud by abuse of position when she abuses her position in which she is expected to safeguard the financial interests of another. Here, the bookkeeper was in a position where she was expected to safeguard the veterinary practice’s accounts. She abused that position by using the practice’s funds to pay her own rent. (A) is incorrect because fraud by false representation requires a false representation, and nothing in the facts indicates any such representation was made. (B) is likewise incorrect because fraud by failure to disclose requires a failure to disclose information one is under a duty to disclose to make a gain for herself, and here there is no evidence of such a nondisclosure. (D) is incorrect because conspiracy requires an agreement, and there was no agreement under the facts. (E) is arguably correct, but not as clearly as (C). Theft requires the taking of another person’s property with an intention to permanently deprive the other of that property. It seems the bookkeeper wished to ‘borrow’ the money rather than permanently deprive the practice of it, and so (C) is the better choice.QUESTION ID: CRL117

Question 37

A defendant is charged with section 18 grievous bodily harm (‘s18 GBH’) after hitting a person over the head with a glass bottle.

Where will the defendant’s case be tried?

Answer 37

Crown Court because s18 GBH is indictable only.(E) The defendant’s case will be tried in the Crown Court because s18 GBH is an indictable only offence and can be tried only in the Crown Court. (A) is wrong as s18 GBH is not summary only; it is indictable only. (B), (C), and (D) are wrong as s18 GBH is not an either way offence; it is indictable only. (Note that s20 GBH, which has a less culpable mens rea, is triable either way.) QUESTION ID: CRP118

Question 37

A solicitor in the pre-completion team of a conveyancing department has just received a purchase file – the client is buying an existing home. Contracts have exchanged. The solicitor has submitted their certificate of title to the mortgage lender and notes that there is an epitome of title on the file.

What pre-completion searches must the solicitor carry out on this file?

Answer 37

A full land charges search and a bankruptcy search.(A) The solicitor must carry out a full land charges search and a bankruptcy search. The facts indicate there is an epitome of title on the file, which means the title is unregistered. Therefore, a full land charges search is required. The facts also indicate the solicitor has submitted a certificate of title to the mortgage lender. Because a mortgage lender is involved, a pre-completion bankruptcy search is required. Therefore, (C) is incorrect. (B) and (D) are incorrect because an official search with priority is carried out with respect to registered land, and here the land is unregistered. (D) is also incorrect along with (E) because the facts indicate the client is buying a home; generally, not something a company purchases.QUESTION ID: PRP201

Question 38

Question
A buyer completed the purchase of a piece of land with unregistered title last week.

When does legal title transfer to the buyer?

ResponsesPress Enter or Space to submit the answer

Answer 38

Upon completion.(D) The legal title in an unregistered transaction passes on legal completion (that is, the point in the transaction when the purchase price is paid by the buyer and the document of transfer is handed to the buyer’s solicitor). (A) and (E) are incorrect because exchange is the point that the agreement to buy and sell is created and the completion date is set. While equitable title passes on exchange, no legal title passes at this point in the transaction. (B) is incorrect because while a transfer of money may happen in conjunction with completion, the transfer alone is not determinative; the occurrence of legal completion is. (C) is incorrect because it describes when legal title passes in the registered system (that is, upon registration of the disposition at His Majesty’s Land Registry).QUESTION ID: LAN025

Question 39

Question
A wife discovers her husband is having an affair. She is so distraught she cannot bear the thought of him with someone else and decides to kill him. The wife gets a knife from the kitchen. She drinks several glasses of wine to get up the courage to go ahead with it. She lies in wait for her husband at their marital home. After two hours, the husband returns home. The wife stabs her husband once in the chest. The husband dies as a result of the injury. The wife is charged with murder and is subsequently diagnosed with severe depression.

What defence, if any, is available to the wife?

Answer 39

Diminished responsibility.(B) The wife may raise diminished responsibility. For a defendant to assert diminished responsibility, they must prove on the balance of probabilities: (1) they had an abnormality of mental functioning; (2) the abnormality must have arisen from a recognised medical condition (such as depression); (3) the abnormality substantially impaired their ability to understand the nature of their conduct, form a rational judgment, or exercise self-control; and (4) the abnormality provides an explanation for the killing. Based on these requirements and the wife’s diagnosis of severe depression, she could assert the partial defence of diminished responsibility. As the wife can assert a defence, (E) is incorrect. (A) is incorrect. To assert the partial defence of loss of control, the defendant must show that: (1) they killed as a result of a loss of control caused by a qualifying trigger; and (2) another person with the defendant’s characteristics might have reacted the same way. Under the law, sexual infidelity alone cannot be the sole qualifying trigger for the defence of loss of control. (C) is incorrect because self-defence is available when reasonable force is used to defend oneself, another, or property, which clearly does not apply here. (D) is incorrect. Voluntary intoxication can offer a defence to a specific intent offence like murder if the defendant is so intoxicated that they cannot form the necessary mens rea. Here, it is unclear whether the wife was so drunk as to be incapable of forming the intent to murder her husband, but more importantly, under the facts, she formed the intent to murder her husband before she drank the wine to get up the courage to commit the murder. The defence does not apply in such circumstances. QUESTION ID: CRL226
QUESTION ID: CRL226

Question 40

A landowner has used a private water pipe which runs beneath his neighbour’s land for 12 years. The landowner’s title does not contain reference to any right to use the water pipe. The neighbour has just discovered the use and is threatening to cut off the water supply, claiming that the landowner has no right to use the water pipe. The landowner visits his solicitor for advice.

What advice is the landowner’s solicitor likely to give in this matter?

Answer 40

The landowner does not have a legal right to use the water pipe, nor has he acquired a prescriptive right to do so.(A) The solicitor should advise that the landowner does not have a legal right to use the water pipe, nor has he acquired a prescriptive right to do so. There is no reference on the title to a right to use the water pipe, so no legal right to do so exists. The landowner would need to use the pipe without permission for 20 years to acquire a prescriptive right to do so. Here, though the use apparently was without permission (because the neighbour just discovered the use), it has been for only 12 years, so no prescriptive right has been acquired. (B) is incorrect, as the fact that a water supply might be considered an essential service does not confer a right to use a pipe under some else’s property. (C) is incorrect for the reason already explained – 12 years’ use is insufficient time to acquire a prescriptive right. Twenty years’ use is required. (D) is incorrect, as a water company cannot grant rights to use private pipes running beneath privately owned land. (E) is incorrect for two reasons. First, a profit a prendre is a right to take something from the land of another such as wood; it is not the right to use someone else land; and second, to acquire a legal right, the right would need to be provided for by deed. QUESTION ID: LAN14

Question 41

A man discovers that his wife has a lover. He goes to the lover’s house, intending to speak with him. He knocks on the door, but there is no answer. He sees an open window and climbs inside the house. He calls out for the lover but realises that he is out. The man looks around the house to see what he can discover. He finds a permanent marker pen. He writes on the wall ‘cheating scum’, puts the pen down, and then leaves the house by the window.

Is the man guilty of burglary?

Answer 41

(D) There are two types of burglary, and neither is made out here. Both types require that the defendant knowingly or recklessly enters a building as a trespasser. The first is committed at the point of entry to the property as a trespasser if the defendant intends to steal, commit grievous bodily harm (‘GBH’), or commit criminal damage. Here, at the point of entry, the man does not intend to commit criminal damage. The second type of burglary involves the commission of an underlying offence after having entered the building as a trespasser. The underlying offences are theft, attempted theft, GBH, or attempted GBH. The man did not commit any of these underlying offences. (A) is incorrect as criminal damage is not an underlying offence for burglary. (B) is incorrect as there is no requirement for malicious intent. (C) is incorrect as provocation is not a defence known in law. (E) is incorrect as other offences can underlie burglary as well.QUESTION ID: CRL106