FLK2 Mock Points to Note

Question 1

Criminal Law

Whilst available for murder, what offence is loss of control and diminished responsibility not available for?

Answer 1

Attempted murder

Question 2

Criminal Law

Where there is a death caused in the facts, what offence should you not forget to consider?

Answer 2

Unlawful act manslaughter

Question 3

Criminal Law

When is a conspiracy is not possible, and how should we look out for this to be tested?

Answer 3

A conspiracy with a victim is not possible. Watch out for a defendant agreeing to breach a statute with the person the statute intended to protect.

Question 4

Criminal Practice

On appeal from the Magistrates to Crown Court, can the appellate court increase the sentence?

Answer 4

Yes, but it is limited to the Magistrates’ sentencing powers

Question 5

Criminal Practice

On appeal from Crown Court to Court of Appeal, can the appellate court increase the sentence?

Answer 5

No, CoA cannot exceed the Crown Court’s sentence

Although it has the power to impose any other penalty

Question 6

Criminal Practice

Is an identification procedure still required if the witness goes back to the scene and identifies or purports to identify the suspect?

Answer 6

Yes

Question 7

Land

When dealing with a land (or property practice) question, what should we immediately note down on the whiteboard?

Answer 7

Whether title is registered or unregistered as the answer will turn on this

Question 8

Land

What should we remember about a legal interest in the unregistered system?

Answer 8

It is binding on the world by its very existence

Question 9

Land

In what situation can overreaching by two trustees happen automatically?

Answer 9

If one of three tenants in common dies, leaving two remaining

Question 10

Property Practice

When a Form A restriction on the proprietorship register is mentioned in the facts, what is this implying?

Answer 10

That the beneficial interest is held as tenants in common. This will therefore need a second trustee to overreach if a surviving tenant wishes to sell the property.

Question 11

Property Practice

What title guarantee is an owner living in the property for many years able to give?

Answer 11

Full title guarantee.

Don’t get distracted by lack of other facts suggesting they are able to give this strong of a guarantee.

Question 12

Property Practice

What type of planning act is converting a single dwelling into two or more separate dwellings?

Answer 12

A material change of use for which planning permission is required

Question 13

Property Practice

Can multiple planning violations occur at the same time, and what is the effect of this?

Answer 13

Yes, so check for all before committing to an enforcement period

Question 14

Property Practice

In the unregistered system, what search will highlight public rights of way?

Answer 14

The local search.

Don’t confuse the facts and pick the commons registration which is performed when the property appears to abut common land or a town or village green to determine whether use of the property is restricted or burdened by its proximity to public land.

Question 15

Property Practice

How is a buyer protected when there is a non-owning occupier?

Answer 15

The Special Conditions will require the non-owning occupier to sign the contract of sale as evidence that they will move out of the property on completion

Question 16

Property Practice

In the registered system, how is a non-owning spouse or civil partner’s interest protected?

Answer 16

Protected by registration as a notice on the register of title

Question 17

Tax

When dealing with an tax question, what should we immediately note down on the whiteboard?

Answer 17

The fact there could be a taper

Question 18

Tax

Are shares in an ISA included in an estate’s value for inheritance tax purposes?

Answer 18

Yes

Question 19

Tax

An estate can be excepted only if no more than how much of the deceased’s property is situated outside the UK?

Answer 19

£100k

Question 20

Trusts

What two things must a trustee do to retire without replacement?

Answer 20

The retiring trustee must:

1. Obtain consent of all his co-trustees (anyone given power to appoint new trustees by the trust instrument) by deed, and
2. Leave at least two trustees or a trus corporation in office

Question 21

Trusts

Only whom can sign a trust, and who cannot?

Answer 21

The settlor only. An agent cannot on their behalf.

Question 22

Trusts

When a contingent interest holder who is being maintained turns 18, what are they entitled to and what does this not depend on?

Answer 22

They are entitled to income from then on as of right, irrespective of the fact their interest isn’t vested

Question 23

Trusts

What is the effect of a gift of property free of mortgage, and what is this an exception to?

Answer 23

A house is gifted “free from mortgage” is an exception to the general rule that a debt secured for a fixed charge should be discharged from the proceeds of property.

The logic is here is the beneficiary is to receive the actual house free of mortgage so the mortgage is paid from the residue, whereas when a debt is discharged from the proceeds of the asset, it would naturally require the house to be sold.