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Legal Services > General Law Obs > Flashcards

General Law Obs Flashcards

1
Q

When do you need professional indemnity insurances for

A

Need in place for future years as it covers claims during the year not acts during the year

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2
Q

Who do the SRA indemnity insurances rules apply to

A

Authorised firms

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3
Q

What must authorised firms do for insurance

A

Take out and maintain appropriate and adaquate insurance

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4
Q

What if the insurance isn’t continuous

A

90 day extension period - notify SRA if you enter this

30 days into period- no new policy means no new work

When 90 days expires you must cease practising.

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5
Q

What does indemnity insurance cover

A

Claims made against solicitors

Pays compensation to client and sometimes defence costs and if unsuccessful the clients costs

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6
Q

What if the insurer doesn’t pay enough

A

Solicitor liable for shortfall

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7
Q

Can you get insurance with any provider

A

No must be a participating insurer, regulated by FCA and have an agreement with SRA to use specific terms

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8
Q

What is the minimum amount of insurance cover per case

A

£3m for licensed bodies
£2m for others

Exclusive of defence costs

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9
Q

Can liability be excluded below the minimum amount

A

Not unless freelance or working for non commercial body

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10
Q

Can you cap liability above minimum level

A

Yes but must be adaquate and appropriate

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11
Q

Do you ever need to go beyond minimum amount

A

Might need to for it to be adaquate and appropriate

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12
Q

Who does the requirement to ensure insurance is obtained fall in

A

Duty on solicitor to ensure the body gets insurance

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13
Q

Who does the insurance requirement apply to

A

SRA authorised firms
Non commercial organisation providing reserved legal services to public.
Freelancers providing reserved legal service to public

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14
Q

If you do some reserved and some non reserved activities which must you insure

A

All of them

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15
Q

What must you tell clients about insurance

A

Level of cover
Insurer
Territorial scope

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16
Q

What must freelancers tell clients when providing reserved services to public

A

They’re not required to meet SRA minimum Ts and Cs

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17
Q

Discrimination provisions in SRA code of conduct

A

Don’t unfairly discriminate in provision of services - not limited to EA definition

Encourage equality, diversity and inclusion

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18
Q

Can the cost of adjustments be passed on

A

No

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19
Q

Do SRA principles apply to private life

A

Yes

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20
Q

Duty to keep up with developments

A

SRA code of conduct- solicitors must keep up to date with law and regulations governing the way they work

Responsibility on individuals but firms should provide training too

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21
Q

Who is equality act 2010 applicable to

A

Service providers

Employers

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22
Q

S4 protected characteristics in EA

A 
Race
Age
Religion / belief
Sex
Sexual orientation 
Disability 
Gender reassignment 
Marriage / CP
Pregnant/ maternity
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23
Q

What doesn’t marriage PC include

A

Single people
Divorced
Cohabited
Not included

24
Q

S6 EA- what is a disability

A

Physical or mental impairment that has a substantial and long term adverse effect on ability to carry out normal dat to day activities

25
Q

What is direct discrimination

A

Due to PC, treated less favourably than others without PC

26
Q

Must comparator person be real or exactly the same

A

Can be real or hypothetical

Circumstances must be the same or not substantially different

27
Q

What is less favourable treatment

A

Any disadvantage

28
Q

Defence to direct discrimination based on age

A

Treatment was proportionate way to achieving legitimate aim

29
Q

Do you need to suffer actual loss to claim direct discrimination

A

No

30
Q

Do you need intention for a claim of direct discrimination

A

No
It is objective
No need to show they intended to discriminate

31
Q

What if there are several reasons for less favourable treatment

A

PC must be an influence but doesn’t have to be main reason

32
Q

What if you get less favourable treatment because someone mistakenly thinks you have PC

A

Still direct discrimination

33
Q

What is indirect discrimination

A

When conditions apply to everyone but they prejudice a particular group with a PC

Puts them at a disadvantage compared to those without PC

34
Q

Defence to indirect discrimination

A

Proportionate means of achieving a legitimate aim

35
Q

Is there a PC that indirect discrimination doesn’t apply to

A

Pregnancy / maternity

This would be direct discrimination

36
Q

What is s15 disability discrimination

A

Discriminate against a disabled person if you treat them unfairly because of something arising in connection with their disability

Must have known or reasonably expected to know that they had the disability

No need for a comparator person

37
Q

Defence for s15 disability discrimination

A

Proportionate means of achieving a legitimate aim

38
Q

What is victimisation

A

Subjects to detriment because they did a protected act, think they did or might do

39
Q

What is a protected act for victimisation

A

Brining proceedings under EA
Giving information or evidence for proceedings under EA
Do anything relating to provisions under EA
Allende another person breached EA

40
Q

Is anyone protected against victimisation

A

No. You must have a PC to be protected

41
Q

What is a detriment

A

Anything that puts them at a disadvantage or makes their position worse

42
Q

What is harassment under EA

A

Subject to unwanted conduct which violates dignity or creates intimidating, hostile, degrading, humiliating, or offensive environment for individual

Unwanted conduct must relate to PC, be of sexual nature or relate to sex or GR and due to rejection of or submission to conduct

43
Q

What is the duty to make reasonable adjustments

A

Where a practice, physical feature or lack of auxiliary aid puts them at a significant disadvantage take reasonable steps to fix this

Substantial - more than trivial

44
Q

Are solicitors service providers if acting pro Bono

A

Yes don’t need to be paid to be a service provider. EA still applies

45
Q

What is it unlawful for a service provider to do

A

Victimise, discriminate or harass by not providing services, terms of service, terminating service or subjecting user to detriment

46
Q

Are employers who are service providers always liable for employees

A

Yes unless can show they took reasonable steps to prevent discrimination before it occurred

47
Q

What is specific about duty to make reasonable adjustments if you are a service provider

A

Must make the adjustments in advance

48
Q

Claim for service provider not making reasonable adjustments

A

Must be affected to claim
County court
Any tort or JR remedy
Burden on C to show discrimination then D must disprove it

49
Q

When can an employer or service provider take positive action

A

When PC group is disadvantaged, have different needs or don’t participate much in an activity

Can take steps to solve this

50
Q

Can you promote a PC person over non-PC because they have a PC

A

When employer thinks PC is under represented or disadvantaged they can recruit or promote them over a person without the PC when they are both equally qualified

51
Q

Who is protected from discrimination against employer

A

Employees
Partners and potential
Members and potential

52
Q

Are employers liable for their employees

A

Can be VL

53
Q

Can you ever refuse to hire someone because of a PC

A

If you can prove due to nature of job only some people can do it

Proportionate means of achieving legitimate aim

54
Q

What can an employer not do under EA

A

Harass, discriminate or victimise an employer or potential employee in hiring, terms, promotion, benefits, dismissal or subjecting them to detriment

55
Q

What is a detriment

A

When a reasonable employee would feel disadvantaged in the circumstances in which they had to work

No need for physical or financial impact

56
Q

When must an employer make reasonable adjustments

A

For employees or possible employees
When they know or ought to reasonably know they’re disabled
Not preemptive like services

57
Q

How to bring a claim under EA against an employer

A

Employment tribunal
Must try conciliation first
Can be employee or possible employee
Compensation, declaration or recommendation

Legal Services (5 decks)

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