Legal System of England and Wales MCQs

Question 1

You are instructed on behalf of the claimant in a breach of contract claim which is legally and factually very complicated. The claim is worth approximately £150,000 and, amongst other issues, the court will be invited to interpret a particular term of the contract in order to decide the case. This particular term is a common term within the context of contracts of this nature and the outcome of the case will have important implications for a large number of other businesses which use contracts with the same term.

What is the best advice to give the claimant in relation to where to start proceedings?

The claimant must issue this claim in the Magistrate’s Court.

The claimant must issue this claim in the County Court.

The claimant could issue the claim in the High Court or County Court, but the High Court is more appropriate.

The claimant could issue the claim in the High Court or County Court, but the County Court is more appropriate.

The claimant must issue this claim in the High Court.

Answer 1

The claimant could issue the claim in the High Court or County Court, but the High Court is more appropriate.

Correct. A claim over £100,000 (non-PI) can be issued in the High Court or the County Court, and should only be issued in the High Court where its value, complexity or importance to the public mean that it ought to be dealt with by a High Court Judge. These facts disclose complexity and importance to the public. The value is confidently over £100,000, although the value alone might not justify issuing in the High Court if the claim was straightforward and of no public importance.

Question 2

In an appeal before the Court of Appeal, the appellant relies in argument on an earlier decision of the Judicial Committee of the Privy Council (JCPC) which indicates that the appeal should be allowed. The respondent relies in argument on an earlier decision of the Court of Appeal which indicates that the appeal should not be allowed. How should the Court of Appeal treat the two decisions to which it has been referred?

The court should treat both earlier decisions as without precedent value and should make its decision without regard to either.

The court should consider itself bound by the earlier decision of the Court of Appeal.

The court should consider itself bound by both earlier decisions and must transfer the appeal to a higher court.

The court should consider itself bound by the earlier decision of the JCPC.

The court should treat both earlier decisions as having persuasive value only and must decide which of the two to follow.

Answer 2

The court should consider itself bound by the earlier decision of the Court of Appeal.

Correct. Privy Council decisions are not binding on the courts of England and Wales.
The Court of Appeal binds itself.

Question 3

A client of your firm has been found guilty of theft following a trial in the Magistrates’ Court. She wants to appeal her conviction, and the sentence of imprisonment which was imposed. Which one of the following statements is TRUE?

The client can appeal both her conviction and sentence to the Crown Court. If her appeal against conviction fails, she can still appeal the sentence passed by the Magistrates’ Court.

The client can appeal her conviction in the Crown Court, but can only appeal her sentence to the Court of Appeal.

The client can only appeal her conviction to the Crown Court. She has no right of appeal against the sentence.

The client can appeal both her conviction and sentence to the Crown Court. However, if her appeal against conviction fails, she her appeal against automatically fails too.

The client can appeal her conviction and sentence in the Court of Appeal.

Answer 3

The client can appeal both her conviction and sentence to the Crown Court. If her appeal against conviction fails, she can still appeal the sentence passed by the Magistrates’ Court.

Correct. A right of appeal against conviction and sentence lies from the Magistrates’ Court to the Crown Court. The defendant / appellant can choose whether to appeal the conviction and sentence, or just the sentence. Even if the appeal against conviction fails, the Crown Court may amend the sentence imposed by the Magistrates’ Court.

Question 4

Question 1
A solicitor agrees to act for a client on a ‘no win, no fee’ conditional fee agreement with a
success fee of 25%.
Which of the following describes the costs position?
A If the client wins, the solicitor’s fee will be calculated at 25% of the damages received.
B If the client wins, the opponent will pay the success fee.
C If the client wins, the client will pay nothing in respect of their own costs.
D If the client loses, the client will have to pay disbursements.
E If the client loses, the solicitor’s fee will be calculated at their usual charging rate.

Answer 4

Answer
Option D is correct. This is a ‘no win, no fee’ CFA, so if the client loses they will not have to
pay anything in fees, but will still be liable for disbursements (and the opponent’s costs).
In a CFA the success fee is calculated as a percentage of the usual charging rate, not a
percentage of the damages received. If the client wins they will have to pay the success fee
as it cannot be recovered from the opponent.

Question 5

Question 2
A junior solicitor is approached by a wealthy individual in relation to a personal injury
claim. The solicitor’s assessment of the case is that there is a good chance of obtaining
substantial damages. The solicitor tells the prospective client that the firm has a strict policy
of not acting on the basis of contingency fees. Nevertheless, the prospective client requests
that the case be dealt with under a damages- based agreement (DBA).
Which of the following best explains whether the solicitor should agree or refuse to act
under a DBA?
A Refuse, because that is the firm’s policy.
B Refuse, because the client can afford to pay privately for the solicitor’s costs.
C Agree, because the client has the right to decide how their legal costs are funded.
D Agree, because to do so is in the client’s best interests.
E Agree, because the risk to the firm is low.

Answer 5

Answer
Option A is correct. It is for the client to decide how their costs are funded, but that does not
impose an obligation on the part of a firm to act for a client on a particular basis. Therefore
a firm may refuse to act under a DBA as a matter of policy. A junior solicitor should adhere to
the firm’s policy even if the risk to the firm in an individual case is low. If it is in the client’s best
interests to have a DBA the client should be referred to another firm.

Question 6

Question 3
A solicitor agrees to carry out a conveyancing transaction for a client at a fixed fee of £500
plus VAT and disbursements. A month into the transaction, it becomes clear that the solicitor
will have to undertake much more work than was originally envisaged.
Which of the following best describes what the solicitor can do?
A Tell the client that the solicitor can no longer act for the client.
B Start charging the client on the basis of the solicitor’s hourly charging rate.
C Ask the client to agree to an increase in the solicitor’s fees.
D Write to the client providing the best possible information on the revised overall costs.
E Carry out no further work on the transaction pending the client agreeing to an increase
in fees.

Answer 6

Answer
Option C is correct. A fixed fee cannot be changed at a later date if it transpires that the case
is more expensive than originally thought (save with the client’s agreement). Although it is not
a step to be undertaken lightly, all that the solicitor can do is to ask the client to agree to an
increase. If the client refuses, the solicitor must complete the work for the fee agreed.

Question 7

Question 1
A solicitor is instructed by a client in a claim for damages. The client is in receipt of income
support and has capital of £1,000. The solicitor is confident that the case has a good
chance of success and satisfies the merits test. The client submits an application for legal
aid in the form of Legal Representation.
Which of the following describes the costs position if the application is successful?
A The client will be asked to make a monthly contribution towards their legal fees.
B The client is entitled to free legal representation.
C The client may have to repay some of their legal fees.
D The solicitor can choose to charge for the work done at any hourly rate.
E The solicitor can insist that the client pay money on account of costs.

Answer 7

Answer
Option C is correct. If the client is awarded damages in the case, the effect of the statutory
charge is that the client may have to repay some of their legal fees. Therefore the
representation is not free (option B therefore is wrong). The client’s means are not such as
would require them to make a contribution towards their legal fees (option A is wrong). The
solicitor will be remunerated at set levels (option D is wrong). Finally, option E is wrong as
the solicitor must look to the Legal Aid Agency for payment of their fees and so the solicitor
cannot ask the client to pay money on account.

Question 8

Question 2
A solicitor is instructed by a client who is the defendant in possession proceedings. If the
claimant succeeds in the case the client will be evicted and become homeless. However,
the solicitor is confident that the client has a good defence and would win the case. The
client has no capital and is in receipt of universal credit.
Is the client likely to be eligible for legal aid in respect of the proceedings?
A No, because civil legal aid is only available to claimants.
B No, because the case falls outside the scope of legal aid.
C No, because a reasonable privately paying client would not be prepared to proceed
with the case.
D Yes, because a client in receipt of universal credit automatically qualifies for legal aid.
E Yes, because the client satisfies both the means and the merits test.

Answer 8

Answer
Option E is correct. Legal aid is available to both claimants and defendants; accordingly,
option A is wrong. A case in which the client is faced with homelessness is within the scope of
legal aid; option B is wrong. The ‘reasonable privately paying client’ test would be satisfied
given the threat of homelessness and the client has a good chance of success; option C
therefore is wrong. Option D is wrong, as a client in receipt of universal credit does not
automatically qualify for legal aid – they must still satisfy the merits test and the capital element
of the means test. On these facts the client satisfies both the merits test (as above) and means
tests (the client is in receipt of universal credit and has capital of less than £8,000).

Question 9

Question 3
A solicitor is instructed by a client who is the defendant in criminal proceedings. The client
is charged with stealing from their employer. The case will be dealt with by way of a crown
court trial. The client has no capital and is not in receipt of any welfare benefits.
Which of the following best describes the position with regard to the client’s eligibility
for legal aid in respect of the trial?
A Legal aid will not be granted if the risk of the client receiving a custodial sentence
is low.
B Legal aid will only be granted if a reasonable privately paying client would proceed
with the case.
C Legal aid will be granted if the client’s annual adjusted income is £10,000.
D Legal aid will be granted because the client has no capital.
E Legal aid is unlikely to be granted unless a conviction for stealing from an employer
would result in serious damage to the client’s reputation.

Answer 9

Answer
Option C is correct. To be eligible for criminal legal aid the client must satisfy both the
interests of justice test and the means test. In a crown court trial the interests of justice test
is automatically satisfied, so option E is wrong. The client has no capital, but their income is
relevant for the means test (option D is wrong). An adjusted income figure below the limit
of £12,475 satisfies the means test and therefore legal aid will be granted. The reasonable
privately paying client test is relevant for civil legal aid (option B is therefore wrong).

Question 10

Question 1
A student is reviewing the operation of the legal system of England and Wales. She has
read about the influence of the monarchy, and its relationship with the aristocracy and
nobility. She has also studied the history of riots and popular unrest. She has noted the role
of the judiciary and read much case law.
Which of the following has contributed meaningfully to the development of the legal
system in England and Wales?
A The monarch, the Church of England and the nobility, but not the general population.
B The nobility, the landed gentry and trades unions, but not the monarchy.
C The general population, the nobility and the armed forces, but not the judiciary.
D The judiciary, the nobility and the monarchy, but not the Church of England.
E The monarchy, the nobility and the judiciary, but not the trades unions before 1800.

Answer 10

Answer
Option E is correct. The monarchy, the nobility and the judiciary were and continue to be
vital influencing factors. But there were no trades unions before the end of the 19th century,
so they had no influence before 1800.
Option A is wrong because all four of the monarchy, the Church of England, the nobility and
the general population have contributed, in their own way, to the development of the legal
system. Option B is wrong because the monarchy has had, and continues to maintain, an
important role in the legal system. Option C is wrong because the judiciary was and is key to
the legal system. Option D is wrong because the Church of England historically has played
an important role, although currently its official constitutional influence is much diminished.

Question 11

Question 2
A solicitor works for a firm that deals with parliamentary and constitutional matters.
A client would like her to give a talk to junior employees on the role of the legal system
and constitution within England and Wales. She is preparing her talk and is pondering the
impact of the European Convention on Human Rights (ECHR), the place of the monarchy, the
significance of the Magna Carta, the role of Parliament, and the importance of the rule of law.
Which of the following statements relating to constitutional matters within England and
Wales is correct?
A The European Court of Human Rights law can compel Parliament to pass legislation.
B The rule of law means that the monarch is treated the same as everyone else.
C The Magna Carta is part of the UK’s written constitution.
D Parliament is subordinate to the executive, ie Government.
E The rule of law states that everyone is equal before the law.

Answer 11

Answer
Option E is correct. As Lord Bingham stated, the principle of being equal before the law is
an essential pillar of any reputable legal system. Equality before the law does not mean
that everyone has the same choices or level of wealth. But it does mean the law should
operate on essentially objective principles, according to established rules.
Of the other answers, option A is wrong because, although ECHR law remains important
to UK law, there is no mechanism for ECHR provisions forcing Parliament to act against its
will. Option B is wrong because self- evidently the monarchy has privileges beyond those
afforded the rest of us. Option C is wrong because the UK has no written constitution. It is
uncodified, although the Magna Carta is important of course. Option D is wrong because
Government and Parliament operate jointly, and neither can claim complete dominance
over the other in their relationship.

Question 12

Question 3
A Government wants to deal with an unexpected event. There is no law allowing the
necessary steps to be taken. Newspapers, social media and the majority of the population
appear to support immediate imposition of a decree, ie an executive measure, even if there
is no legal basis for it.
Should the Government issue the relevant decree?
A Yes, because this is written into the constitution.
B Yes, because the Magna Carta allows executive decrees.
C Yes, because otherwise elements of the population will riot.
D No, because the monarch will refuse to give Royal Assent.
E No, because ‘the King has no prerogative but that which the law of the land allows him’.

Answer 12

Answer
Option E is correct. Chief Justice Coke made the statement in 1610 that the Crown, and thus
Government, is bound by the law and cannot act outside it. It would not therefore be possible
for a Government to take action, or pass a law, without the necessary legal basis. This is a
good example of how judicial statements can be an important source of law.
Option A is wrong because there is no written constitution for the legal system of England and
Wales. There are elements that are written, such as the Parliament Acts and the Bill of Rights,
but otherwise the constitution is uncodified, and operates according to precedent and the law.
Our constitution frowns on the concept of government by decree.
Option B is wrong because the Magna Carta says no such thing. Option C is wrong because
there is no evidence a riot will result, and in any event the threat of a riot would not be reason
for a law to be passed (even if rioting has at times in the past led to the creation of laws).
Option D is wrong as Royal Assent is the final step in the passage of an Act of Parliament,
which is not what is being proposed here. Incidentally, it is a long- standing convention the
monarch never refuses Royal Assent. Equally, it is a convention no Acts are provided for Royal
Assent without having passed through the necessary earlier steps.

Question 13

Question 1
The Protection of Animals Bill (fictional) is progressing through Parliament. It has many
sections and requires much scrutiny. There is considerable interest in the Bill within both the
House of Commons and House of Lords.
At what stage will the Bill become an Act?
A At the Second Reading in the Commons.
B At the Committee Stage in the Commons.
C At the Third Reading in the Commons.
D At the Third Reading in the Lords.
E On Royal Assent.

Answer 13

Answer
Option E is correct. It is a long- standing convention that a Bill only becomes an Act once it
receives Royal Assent.
Option A is wrong because the second reading in the Commons is important for debate but
does not represent finality in the passage of a Bill. Option B is wrong because the Committee
Stage is where the detail of the Bill is considered, and at this juncture it is not ready to
become law. Option C is wrong because after the Third Reading in the Commons the Bill must
then go to the Lords for their consideration. Option D is wrong because, although the Lords
must deal with the Bill, it should return to the Commons if there are any amendments, and
even if there are no amendments it will only become law on Royal Assent.

Question 14

Question 2
A man buys some shares in a technology company. The shares are held, for entirely
legitimate tax reasons, by a trust company on the man’s behalf. No one other than the man
or the trust company has an interest in the shares. The trust company encounters financial
problems and goes into liquidation. The liquidator (a court appointed official whose job is
to distribute the trust company’s assets) is deciding what to do with the man’s shares.
Which of the following is most likely to apply?
A Common law principles mean the shares can be sold by the liquidator to
someone else.
B As a matter of parliamentary sovereignty the shares would now be owned by the
Government.
C As a matter of equity the shares would need to be returned to the man.
D As a matter of common law the shares would remain with the defunct company
indefinitely.
E As a matter of equity the shares would be sold and distributed to creditors.

Answer 14

Answer
Option C is correct. This is because the man has ‘clean hands’ and it would be fair and
equitable for his shares to be returned to him. Indeed, this is a classic equitable solution to
what would otherwise be a knotty problem.
Option A is wrong because common law would require a contractual or similar legal
basis for a liquidator to act in this manner, and as no one other than the man and the
trust company have an interest in the shares this is not the case. Option B is wrong as
parliamentary sovereignty applies to the making of legislation, not the resolution of
individual matters such as an insolvency. Option D is wrong as it would be deeply unfair
for the shares to be in limbo. Option E is wrong because it would also be unfair and
inequitable for creditors to take shares that are not rightfully theirs.

Question 15

Question 3
A woman was appointed a peer by the monarch, on the recommendation of the prime
minister, in the New Year’s honours list three years ago. She is an active and diligent
participant in Parliament. She is not a minister. A Bill is progressing in the normal way
and the woman would like to make her views known, and vote, on various aspects of the
proposed law.
In which of the following ways will the woman be allowed to contribute?
A She can make a speech during the First Reading of the Bill in the House of Lords.
B She can vote in the House of Lords as a life peer.
C She can vote in the House of Lords as a hereditary peer.
D She can speak in the House of Commons at the Second Reading.
E She can speak at a meeting of the Cabinet.

Answer 15

Answer
Option B is correct. As the woman has been appointed, this means she is a life peer. As such
she is entitled to vote during the various stages of the Bill as it passes through the House of
Lords (‘the Lords’).
Option A is wrong because there are no speeches during the First Reading of a Bill, whether
in the Lords or the House of Commons (‘the Commons’). This is because the First Reading is
a brief formal process where the Bill is introduced, with no opportunity for a speech. Option
C is wrong because the woman is not a hereditary peer. There are only 90 of these, they
are not appointed as such, and if a vacancy occurs it is filled by way of an election of other
hereditaries. Option D is wrong because a peer is not a member of the Commons and
accordingly cannot speak during a Commons stage of a Bill. Option E is wrong because the
woman is not a minister and would not be invited, or entitled, to attend Cabinet.

Question 16

Question 1
A judge is presiding over a trial of a business dispute. A statute is relevant to the outcome.
The judge is aware of a recent debate in Parliament and knows a majority of MPs in the
House of Commons think the law in question should change. He is also aware of a number
of previous relevant cases.
Should the judge take account of the views of MPs in coming to his decision?
A Yes, because Parliament is sovereign.
B Yes, because the uncodified constitution places great weight on the view of MPs.
C Yes, because a court can, in the interests of justice, anticipate future changes to
legislation.
D No, because a judge’s role is to apply the rule of law.
E No, because the judge should follow the earlier cases.

Answer 16

Answer
Option D is correct. All judges are principally guided by the rule of law. This means they
should consider the relevant facts and the relevant law, and come to a decision in the
interests of justice in the fullest sense. Lord Mansfield hinted at this when stating in the
Somerset case [1772] that ‘we cannot in any of these points direct the law; the law must
rule us’.
Option A is wrong because, although Parliament is indeed sovereign, that relates to
legislation rather than the views of MPs in a debate.
Option B is wrong because the constitution, which is indeed uncodified, does not allow MPs
to influence judges. In fact it is an important aspect of the balance of powers within the
constitution that the judiciary is independent of political influence.
Option C is wrong because, although a court can hint at possible unfairness in legislation, it
cannot give a judgment that anticipates new law. It can only rule on the law as it is today.
Option E is wrong because judges are guided by previous case law but are not obliged to
follow it in every circumstance.

Question 17

Question 2
A judge in a criminal court is hearing an application for the detention of a man. The
authorities believe the man has breached immigration law. However, they have no
conclusive evidence. The man has a previous criminal record. There is some confusion
within the computer systems of the authorities as to his identity. He has, however, given
a name and address. The judge is aware of the views of many MPs in the House of
Commons who wish to restrict immigration.
Which of the following is the best option for the judge?
A The judge should detain the man indefinitely until the authorities can correct their
computer systems.
B The judge should rely on the evidence of the authorities alone in coming to a decision.
C The judge should rely on the man’s previous criminal record in making a ruling.
D The judge should take note of the wish of MPs to restrict immigration.
E The judge should consider the doctrine of habeas corpus in coming to a decision.

Answer 17

Answer
Option E is correct. Habeas corpus is the doctrine that says that no one can be detained
without lawful reason. Here, there is an allegation of breach of the law without proof. At the
moment the detention is unsubstantiated, and the administrative procedures of the authorities
appear to be inadequate. The judge should therefore make a decision as to the release or
detention of the man on the basis of the principle of habeas corpus. There might be other law
to consider as well and habeas corpus would therefore be one of several considerations. As a
result, option A is wrong – the judge cannot simply allow the man to be detained indefinitely.
Option B is wrong because a judge should always consider both sides of the argument, and
so should assess the evidence on behalf of the man as well as evidence on behalf of the
authorities. Option C is wrong because relying on the man’s previous criminal record would
not be an appropriate application of the rule of law. A consideration of that record may be
appropriate but the most important requirement is an assessment of the offence alleged.
Option D is wrong because no judge should be swayed by the views of MPs in Parliament.
The balance of powers within the constitution require the judiciary to be independent from
politicians.

Question 18

Question 3
A judge is presiding over a court case on a matrimonial matter. The wife wants a divorce.
The wife alleges coercive control – that her husband threatens force, and does not allow
her to see friends or relatives. The advocates for the parties refer to numerous cases in
support of their arguments.
Which of the following statements by previous courts would provide relevant guidance
to the judge in deciding the issue of coercive control?
A Mr Justice Birkett in Constantine v Imperial Hotels [1943]: ‘I hold this action is
maintainable without proof of special damage. The right, I think, is founded upon the
common law’.
B The judge in R v Dudley and Stephens [1884]: ‘law and morality are not the same and
many things may be immoral which are not necessarily illegal’.
C Lord Mansfield in Somerset v Stewart [1772]: ‘In five or six cases of this nature, I have
known it to be accommodated by agreement between the parties’.
D Lord Stowell in Popkin v Popkin [1794]: ‘The husband has a right to the person of
his wife’.
E Lord Coke in Darnel’s Case [1627]: ‘A freeman imprisoned without cause is civilly dead’.

Answer 18

Answer
Option E is correct. Courts refer to previous cases to help them arrive at a just decision.
Darnel’s Case involved the principle of habeas corpus. The wife’s situation here may not be a
matter of imprisonment or liberty in the sense discussed by Lord Coke, but judges are entitled
to draw parallels across the centuries. Here, the wife clearly feels fear in the face of the
withdrawal of certain freedoms.
Option A is wrong as proof in a matter as grave as an allegation of control and abuse would
be needed. Option B is wrong because a discussion of morality is not needed in this instance.
It is purely a matter of law, in this instance relating to matrimonial matters and violence.
Option C is wrong because here it would be inappropriate for allegations of violence in this
context to be resolved privately. The parties require and deserve a decision of the court.
Option D is wrong as the statement in Popkin is now discredited law.

Question 19

Question 1
The Domestic Pets Act 2020 (fictitious) states in its long title that it is ‘An Act to regulate
the keeping and use of domestic pets; and for purposes connected therewith’. Part of its
purpose is to put into law a vets’ code of practice (‘the code’) in relation to welfare.
Which of the following statements about the Act is correct?
A If the Act is silent on its extent, it applies just to England and Wales.
B The code would be contained in various sections of the Act.
C It would not be possible for the Act to come into force on the date of Royal Assent, as
that would give pet owners no notice of changes to the law.
D The code would in all likelihood appear as a schedule to the Act.
E The code would in all likelihood appear as a subsequent statutory instrument.

Answer 19

Answer
Option D is correct – the code would appear as a schedule to the Act. This is because it
is conventional for additional documents and extra material, which are too bulky to be
contained within the sections of an Act, to appear as schedules instead.
Option A is wrong because where an Act is silent as to its extent it applies to the whole of
the UK. Option B is wrong because as explained above the code would go into a schedule.
Option C is wrong because any Act can stipulate that it comes into force on the date of Royal
Assent (in this instance it is possible pet owners would be alerted to any changes to the law
through the media and other publicity). Option E is wrong because a statutory instrument
would only be required where there is significant extra detail required to supplement the
original Act.

Question 20

Question 2
The Government passes the Alcoholic Drinks Act (fictitious), which for public health reasons
prevents anyone drinking more than one pint of beer a day. There is a section that says the
provision cannot be amended for 10 years.
Which of the following statements is true?
A Judges can declare the Act invalid.
B It will be a consolidating Act if it deals with previous Acts and court decisions.
C The Act must be preceded by a Green Paper.
D Parliament can amend the Act next year despite the section to the contrary.
E The Act would be a Hybrid Act as it combines public health matters with individual
choice.

Answer 20

Answer
Option D is correct. Parliament, being supreme, can always amend its own laws. It would
simply vote to amend the 10-year stipulation.
Option A is wrong because judges do not have the power to declare an Act of Parliament
invalid – they can comment on it when judging a case, and they can make a declaration
of incompatibility under the Human Rights Act 1998, but they have no power to declare it
unlawful. Option B is wrong because a consolidating Act does not incorporate previous
case law – that would be a codifying Act.
Option C is wrong because not all Acts require a Green Paper, which is essentially a
discussion document. Option E is also incorrect – a Hybrid Act combines elements of both
Public and Private Acts, and this Act is aimed at the whole population rather than any one
company, group or geographical area. There is therefore no Private Act aspect to it.

Question 21

Question 3
A solicitor specialising in constitutional matters is advising the Government. A minister
wishes to steer an important public health Bill through Parliament. The House of Commons
(‘the Commons’) has passed the Bill but the House of Lords (‘the Lords’) has twice rejected
various key provisions. There appears to be a stalemate in that the Bill cannot progress.
The Speaker of the Commons has not certified the Bill as meeting the necessary criteria for
progressing the Bill without the say- so of the Lords
Which of the following best explains the advice the solicitor should give the minister?
A Consideration should be given to use of the Parliament Acts to progress the Bill without
the agreement of the Lords.
B The Bill should be amended as there is no support for it.
C The Bill should be presented for Royal Assent now.
D The minister should suggest the Prime Minister seeks to reform the Lords.
E The Bill should be withdrawn and replaced by a statutory instrument.

Answer 21

Answer
Option A is correct. The Parliament Acts allow a Bill to progress through Parliament even
without the support of the Lords. An example of this would be the Hunting Act 2004.
Option B is wrong because there is support for the Bill in the Commons, and over time the
legal system and constitution have recognised the Commons as having greater importance
in the legislative process than the Lords. Option C is wrong as a Bill cannot be presented
for Royal Assent without progressing through the correct procedures, which here would be
the Speaker of the Commons’ certification that the requirements of the Parliament Acts have
been met.
Option D is wrong as reform of the Lords, although a regular topic of debate within society,
would take many years and wouldn’t assist in the Government’s immediate objective of
passing the relevant Bill. Option E is wrong because a statutory instrument (SI) can only stem
from an earlier Act of Parliament, so it would not be appropriate for a SI here to ‘replace’
the Bill.

Question 22

Question 1
A man is being prosecuted in the magistrates’ court. The court is considering the Guard
Dogs Act 1975, one section of which is particularly unclear.
The following statement is made by the chair of the bench of magistrates when explaining
their verdict:
‘One comes to the rule that a penal statute, where there is an ambiguity, should always be
construed in favour of the citizen who may find himself the subject of the penalty’.
Which rule of interpretation has the Court used here?
A The mischief rule.
B The purposive rule.
C The golden rule.
D The literal rule.
E The presumption against alteration of the common law.

Answer 22

Answer
Option C is correct. This is an example of the narrow use of the golden rule. The court is
choosing what it regards as the correct option between two different possibilities, in order
to avoid an absurd result. In this instance, the court is alluding to the idea any statute
must be clear as to its impact. It is thus also incorporating the important presumption any
ambiguity in criminal legislation should favour the citizen.
Option A is wrong because there is no indication of the issue that the Act is intended to
address, ie there is no apparent mischief mentioned here. Option B is wrong because the
purposive rule requires a broad interpretation that goes beyond the specific meaning of an
Act, and this has not happened here. Option D is wrong because a literal interpretation is
not possible where, as is the case here, there is ambiguity. Option E is wrong because there
is no common law point at issue here.

Question 23

Question 2
A man is being tried in the magistrates for being drunk in charge of a bicycle. The
prosecution say a bicycle is a carriage. He is pleading not guilty on the basis the bike is
not a carriage.
The court has referred to a dictionary, which states a ‘carriage’ is an obsolete and archaic
term, except in the case of wheeled vehicles or railway carriages.
Which of the following statements about the use of the dictionary is correct?
A It is an internal aid.
B It is an extrinsic aid.
C It is illustrating the purposive rule.
D It is being used to apply the rule of eiusdem generis.
E The dictionary’s use is illustrating the presumption against deprivation of liberty of the
individual.

Answer 23

Answer
Option B is correct – dictionaries are extrinsic aids, and useful to courts in helping decide
the issues.
Option A is wrong because an internal aid means that the court is referring to another
part of the same Act that is being discussed as part of the court case. That is not the case
here. Option C is wrong because there is no purposive approach in this instance. Option D
is wrong because, although there is a reference to wheeled vehicles and railways, there is
no specific list influencing a subsequent general category. Option E is wrong as there is no
discussion of the applicable presumption here.

Question 24

Question 3
A solicitor is advising a client who owns mobile caravans on the interpretation of a
particular section of the Motor Homes Act (fictional) (‘the Act’), which governs substandard
facilities in certain moveable holiday accommodation. The solicitor researches the passage
of the Act through Parliament. She discovers a speech from a backbench MP saying the Act
is needed to regulate and control low quality hygiene facilities in vehicles used as motor
homes, travelling homes and mobile caravans. Further research by the solicitor confirms this
is indeed the aim of the Act, which mentions mobile caravans.
Which of the following rules is most likely to apply to the interpretation of the Act?
A The rule in Pepper v Hart, because of the speech by the MP.
B The mischief rule, because there is an indication of the wrong the Act is intended to
correct.
C The golden rule, because there is a need to choose between ‘substandard’ and ‘low
quality’, ie two possible interpretations of the Act.
D The literal rule, because the word ‘substandard’ needs no expansion or clarification.
E The rule in noscitur a sociis, because the MP’s speech mentions a list of vehicles and
the client needs to know if mobile caravans are included

Answer 24

Answer
Option B is correct. The mischief rule means someone interpreting an Act of Parliament can,
or should, assess the reason for the Act’s provisions, to assess the problem that the Act is
designed to correct. The mischief rule would be relevant as there is mention of the Act’s aims.
Option A is wrong because the rule in Pepper v Hart applies to statements made by ministers
responsible for guiding legislation through Parliament, not statements by backbench MPs.
Option C is wrong because there is no suggestion a choice needs to be made between two
alternative interpretations of the Act or a section of it. Option D is wrong because the word
‘substandard’ is not clear and thus is unlikely to be subject to the literal rule. Option E is wrong
because the noscitur rule applies to words that are not specifically stated, and here ‘mobile
caravans’ are mentioned by the Act.

Question 25

Question 1
A businesswoman is community minded and wants to contribute to society. She believes she
would be a good judge. She is neither a solicitor nor a barrister.
In which of the following places could the businesswoman, with the right training, be
selected to sit and perform a judicial role?
A The County Court.
B The High Court.
C An Employment Tribunal.
D The magistrates’ court as a district judge.
E The Crown Court.

Answer 25

Answer
Option C is correct. Employment tribunals consist of three people, one of whom is usually
legally qualified, the other two being lay persons. So long as the woman has the necessary
attributes she could become a member of an Employment Tribunal. Option A is wrong
because a judge in the County Court needs to be legally qualified. Option B is wrong for
the same reason.
Option D is wrong because a district judge in the magistrates is a legally qualified
person who sits alone to hear more complicated matters. The woman could become a
lay magistrate sitting with two others for less serious crimes but she is not qualified to be
a district judge. Option E is wrong because judges in the Crown Court must be qualified
lawyers with significant experience.

Question 26

Question 2
A defendant is being tried at the Crown Court for a serious offence of violence.
Which of the following will decide on guilt?
A A jury.
B A district judge.
C A justice of the peace.
D A judge.
E A magistrates’ courts legal adviser.

Answer 26

Answer
Option A is correct. Juries sit in the Crown Court, listen to the evidence and give a verdict at
the end of the process.
Option B is wrong because a district judge sits in the magistrates’ or the County Court, not
the Crown Court. Option C is wrong because a justice of the peace is another term for a
magistrate, and would sit in the magistrates’ not the Crown Court.
Option D is wrong because a judge presides over a Crown Court trial, and controls
proceedings, and gives directions and a summing up, but does not decide on the
innocence or guilt of the defendant. Option E is wrong because a magistrates’ court legal
adviser is a legally qualified official who works in the magistrates’ court not the Crown
Court, and in any event advises on the law, not innocence and guilt.

Question 27

Question 3
A County Court judge is hearing a difficult breach of contract case. The facts and evidence
are tricky, and he is unsure which litigant is telling the truth.
Which of the following statements is correct?
A If the judge makes a decision that is contested by one of the litigants, he could be
disciplined for making a mistake.
B The judge should be guided in his behaviour by the codes of conduct for solicitors and
barristers.
C Any appeal from the judge’s decision will be heard in the Crown Court.
D The jury will make a decision on which litigant is telling the truth.
E The judge can ask the court legal adviser for legal advice.

Answer 27

Answer
Option B is correct. Judges are influenced by the codes of conduct that govern them in their
earlier lives as solicitors or barrister. Option A is wrong because a litigant who believes
a judge has made a mistake should appeal the decision, and there is no disciplinary
consequences to a judge having a decision appealed.
Option C is wrong because the Crown Court is a criminal court and so would not hear an
appeal from the County Court. Option D is wrong because there is no jury in the County
Court – juries sit in the Crown Court, in criminal matters. Option E is wrong because there is
no legal adviser in the County Court, and the judge would rely on his own legal experience
rather than requesting assistance from somebody else.

Question 28

Question 1
A woman suffers an injury at work. Her employer is a company whose sole shareholder
is her uncle. She wishes to claim compensation for personal injury. The likely value of the
claim is £80,000. Neither the injuries nor the facts relating to the claim are particularly
complex.
In which of the following courts should the woman commence the claim against the uncle?
A The Queen’s Bench Division (QBD) of the High Court.
B The Chancery Division of the High Court.
C The Employment Tribunal.
D The County Court.
E The Family Court.

Answer 28

Answer
Option D is correct. Practice Direction (PD) 7A of the Civil Procedure Rules (CPR) states that,
where a personal injury claim has a value of more than £50,000, a choice can be made as to
commencement in either the County Court or the High Court. The PD goes on to provide that
cases should only be started in the High Court if that is desirable by reason of:
(1) the financial value of the claim and the amount in dispute, and/ or
(2) the complexity of the facts, legal issues, remedies or procedures involved, and/ or
(3) the importance of the outcome of the claim to the public in general.
Here, because the claim is relatively straightforward, a correct interpretation of CPR PD 7A
means the appropriate court would be the County Court.
Option A is wrong because the matter is not sufficiently complex, or of sufficiently
considerable value, to start in the High Court (although if the value was much higher the
QBD would indeed have the relevant jurisdiction). Option B is wrong because a personal
injury claim would not be appropriate for the Chancery Division, which in the main deals
with claims relating to mortgages, wills, trusts and so on. Option C is wrong because an
Employment Tribunal deals with matters such as dismissals rather than personal injury. Option
E is wrong because, although the uncle is a relative, and might be described as ‘family’, the
Family Court deals with matrimonial and children matters not personal injury.

Question 29

Question 2
A veterinary scientist has invented a device for testing the temperature of dogs to provide
an early warning of canine illness. She has a patent for the device. She believes the patent
could yield profits of £1m in the next two years. A manufacturer appears to have infringed
the patent by manufacturing 200,000 counterfeit replicas of the device. The veterinary
scientist believes her losses could be £600,000. She would like to commence court action
against the manufacturer.
Which is the correct court for the veterinary scientist to commence a claim, and the
appropriate remedy?
A The Queen’s Bench Division (QBD) of the High Court, with a remedy solely of damages.
B The County Court, with damages as one possible remedy, the other being delivery
up/destruction of the counterfeits.
C The Court of Appeal, with damages as one possible remedy, the other being delivery
up/destruction.
D The Business and Property Court (BPC), with a remedy solely of damages.
E The Patents Court within the Chancery Division of the High Court, with damages as one
possible remedy, the other being delivery up/destruction.

Answer 29

Answer
Option E is correct. The Patents Court, which is part of the Chancery Division of the High
Court, has jurisdiction for claims of this sort where the value is over £500,000. There would be
remedies in both damages and delivery up / destruction of the counterfeits.
Option A is wrong because the QBD does not have jurisdiction for hearing patent matters.
Option B is wrong because the value of the veterinary scientist’s claim is far above the
financial scope of the County Court, and the matter would also be too complex for it. Option C
is wrong because no claims commence in the Court of Appeal. They always begin in a lower
court such as the County or High Courts. Option D is wrong because, although the BPC would
be a suitable starting point on account of the fact that it embraces the Patents Court, the
remedy solely of damages would be insufficient.

Question 30

Question 3
A man is defending a breach of contract claim in a County Court relating to his business
selling furniture. During trial, the judge continuously interrupts the man’s advocate and does
not allow him to develop his defence. The man loses and wishes to appeal.
To which court should the man appeal, and what is the relevant ground?
A The Court of Appeal, on the ground that there is a possibility of success.
B The Chancery Division of the High Court, on the ground that the County Court had given
insufficient weight to certain evidence.
C The Technology and Construction Court within the Queen’s Bench Division of the High
Court, on the ground that the County Court’s decision was unjust.
D The Queen’s Bench Division, to an appropriate judge, on the ground of serious
procedural irregularity.
E Another County Court, on the ground that there is an arguable point of law of general
public importance.

Answer 30

Answer
Option D is correct. The appropriate court is the Queen’s Bench Division of the High Court,
on the ground of serious procedural irregularity by the judge who did not allow the man’s
advocate to develop his case.
Option A is wrong as there is no appeal to the Court of Appeal from the decision of a circuit
judge, and in any event the correct ground is a ‘real prospect of success’, not a ‘possibility’.
Option B is wrong because the Chancery Division of the High Court, although it hears
appeals, would not deal with a breach of contract matter relating to furniture. Also, an appeal
court would not usually scrutinise a lower court’s handling of the evidence.
Option C is wrong because the Technology and Construction Court, likewise, would not deal
with a breach of contract matter relating to furniture. The ground of appeal – unjustness – could
be correct in a different court. Option E is wrong as the decision of a circuit judge in the County
Court cannot be appealed in the County Court. Also, the ground of ‘an arguable point of law of
general public importance’ is the test for an appeal to the Supreme Court, not the High Court.

Question 31

Question 1
A prosecutor with the Crown Prosecution Service (CPS) prosecutes a defendant in the
magistrates’ court for the summary offence of threatening behaviour. The magistrates find
the defendant not guilty. The prosecutor believes the magistrates have erred in law in their
interpretation of the relevant law, and this is an important point of law of general public
importance. The prosecutor wishes to appeal.
Which of the following statements correctly describes the right of appeal for the CPS?
A The CPS can appeal direct to the Court of Appeal.
B The CPS can appeal by way of case stated to the Crown Court, and if the appeal is
refused can appeal to the Supreme Court.
C The CPS can appeal by way of case stated to the Administrative (Divisional) Court
of the Queen’s Bench Division of the High Court, and if the appeal is allowed the
defendant can appeal against that decision to the Court of Appeal.
D The CPS can appeal by way of case stated to the Administrative (Divisional) Court
of the Queen’s Bench Division of the High Court, and if the appeal is granted the
defendant will be retried at the Crown Court.
E The CPS can appeal by way of case stated to the Administrative (Divisional) Court of
the Queen’s Bench Division of the High Court, and if the appeal is refused can appeal
to the Supreme Court.

Answer 31

Answer
Option E is correct. An appeal by way of case stated is possible where the magistrates err
in law or act in excess of jurisdiction. If the case is refused it is then possible to appeal from
the High Court to the Supreme Court, providing it is an exceptional case of general public
importance.
Option A is wrong because it is not possible to appeal direct from the magistrates’ to the
Court of Appeal. Option B is wrong because an appeal by way of case stated is to the
Administrative (Divisional) Court of the Queen’s Bench Division (QBD) not the Crown Court.
Option C is wrong because a further appeal from the QBD, when it has heard a case stated,
is to the Supreme Court not the Court of Appeal. Option D is wrong because, where the
prosecution is successful in a case stated, the High Court can sentence the defendant, or
quash the acquittal and return it to the magistrates’ for sentencing. The Crown Court is not
involved.

Question 32

Question 2
A man has been found guilty by a Crown Court jury of burglary. There were no contentious
points of law to consider. The evidence was also relatively straightforward. The man is
sentenced to five years’ imprisonment. The defence believes the sentence is too harsh.
The man believes the trial judge was not concentrating throughout the trial, but the man’s
lawyers do not share this view as the summing up was entirely fair. The prosecutor is
surprised at the verdict, and has indicated he believes the sentence is too lenient.
Which of the following appeal options would be most appropriate?
A The prosecutor can appeal to the Court of Appeal on the basis the sentence is too
lenient.
B The defence can appeal against conviction to the Court of Appeal on the basis the
verdict is unsafe as a result of the trial judge’s conduct.
C The defence can appeal against sentence to the Court of Appeal if the sentence is
manifestly excessive.
D The prosecution can appeal by way of case stated to the Queen’s Bench Division of the
High Court.
E The prosecution could ask for a retrial on the basis the verdict is unsafe.

Answer 32

Answer
Option C is correct. The defence can appeal from the Crown Court to the Court of Appeal
where the sentence is manifestly excessive.
Option A is wrong because the prosecutor cannot appeal a sentence in the Crown Court.
Instead, the Attorney General may refer a sentence to the Court of Appeal if they consider
there is undue leniency. Option B is not the best answer as there is no evidence the verdict
is unsafe, although, if there were, the Court of Appeal would be the correct venue. Option
D is wrong because the prosecution cannot appeal by way of case stated from the Crown
Court unless the case originally commences in the magistrates’, which is not what has happened here. In any event, on the facts, there is no evidence the court erred in law, and
hence there is no basis for the case to be stated.
Option E is wrong because the prosecution can only ask the Court of Appeal to quash an
acquittal if new and compelling evidence comes to light, and the facts suggest this is not the
case as the evidence is uncontroversial. In fact, out of interest, the right to order a new trial
where such evidence becomes available is not applicable to burglary. Also, it is not possible
for the prosecution to object to an acquittal on the basis of it being unsafe.

Question 33

Question 3
Police in the north of England have arrested and interviewed a woman, and charged her
with the murder of her brother. She denies it and indicates she will plead not guilty on the
basis of self- defence. She has asked for an explanation of the relevant court procedure.
Which of the following represents the best advice for the woman on appropriate court
procedure?
A The local magistrates will consider the evidence, and then send the case to the Crown
Court for trial.
B The prosecution will provide initial disclosure at the magistrates, and a decision will
then be made as to trial by either the magistrates or the Crown Court.
C The case will be sent for trial to the Crown Court, where a judge and two magistrates
will hear the case.
D The case will be sent for trial to the Old Bailey, where the woman will be invited to give
a plea, and there will be a trial by jury at the first appearance there.
E The case will be sent for trial to a suitable Crown Court venue either in Manchester or
nearby, and the woman will be tried in front of a jury after the necessary number of
preliminary hearings.

Answer 33

Answer
Option E is correct. The woman is being tried for an offence triable only on indictment, and
will be sent for trial at the Crown Court at the first available opportunity. The trial will be in
front of a judge and jury.
Option A is wrong because, where there is an offence triable only on indictment, the
magistrates do not consider the evidence. The matter is sent for trial at the Crown Court.
Option B is wrong because, with an offence triable on indictment, there is no decision to
be made as to trial by magistrates. An either way offence requires a choice to be made
between the magistrates and the Crown Court, but an offence triable on indictment, such as
this one, must be tried in the Crown Court.
Option C is wrong because Crown Court trials are heard by a jury, who decide on
innocence or guilt. They are presided over by a single judge, with no involvement of
magistrates. Option D is wrong because, on the facts, there is no reason for the trial to be
heard in the Old Bailey, which is in London, and which is thus geographically inconvenient
for both prosecution and defence. In any event a Crown Court trial is always sufficiently
important and complex to justify some preliminary hearings.

Question 34

Question 1
A supermarket is judicially reviewing refusal of permission by the local authority for a new
site. There is disagreement over access arrangements through a local park. The matter is
being heard in the Administrative Court of the Queen’s Bench Division of the High Court.
The judgment states as follows: ‘The Claimant is a supermarket operative. The Defendant
is the local council. The Claimant’s case is as follows. It says people in the local area can
only drive to shops elsewhere. People could walk to this site. That would be environmentally
friendly. They would go through the local park. That is important: a park is a public space.
Easy access is a material matter.’
Which of the following statements by the judge is most likely to be a ratio decidendi?
A The Claimant is a supermarket operative.
B People could walk to this site.
C That would be environmentally friendly.
D A park is a public space.
E A park is a public space. Easy access is a material matter.

Answer 34

Answer
Option E is correct. This option represents a proposition of law within some key reasoning.
The judge is stating a park is a public place, and then says this fact is important to the
dispute. As such, it is capable of being a ratio.
Option A is wrong because it is purely confirming the status of one of the parties to the
litigation. Option B is wrong because it is a statement of fact, without sufficient context for it
to become a ratio. Option C is wrong because it is an observation, and indeed an opinion,
by the judge without any key legal significance on the facts. Option D is wrong because,
although it is capable of being a ratio in the sense it confirms the nature of a park, and
thus could be relied on in subsequent cases, it does not say as much as option E, and on its
own does not convey the central legal reasoning of the matter.

Question 35

Question 2
A large travel agent is claiming damages for breach of contract against a hotel chain
that has provided unsafe play areas for children. The claim is in the High Court. The travel
agent’s advocate refers the judge to a Court of Appeal case from five years earlier. The
extract is as follows: ‘I find the hotel is not liable. However, I would have decided differently
if it could be shown risk assessments were not followed, as proper risk procedures are
essential’.
What advice should be given to the travel agent about the Court of Appeal extract?
A The statement ‘the hotel is not liable’ is a precedent.
B The whole extract is a ratio.
C The High Court can depart from the Court of Appeal decision.
D The reference to risk assessments and procedures was obiter, and is capable of
becoming a ratio in your this case.
E If the High Court in this client’s case decides risk assessments had not been followed it
would be reversing the Court of Appeal.

Answer 35

Answer
Option D is correct. The extract from the Court of Appeal was an obiter statement. It was
an additional comment to the main judgment finding the hotel not liable. It is possible for
an obiter statement to become a ratio in subsequent cases: see Combe v Combe [1951] 2
KB 215. Here, the High Court would be able to rely on the statement to reinforce the hotel’s
responsibilities.
Option A is wrong because a simple statement of liability is not enough to be a
precedent – there needs to be some reasoning as well. Option B is wrong because the
extract is not a ratio. It is a statement of liability together with an obiter remark. Option C
is wrong because the term ‘depart’ applies to a court disagreeing with a previous decision
of a court of the same level, which is not the scenario here. Option E is wrong because the
High Court, if it gave judgment for the travel agent, would be placing emphasis on effective
risk procedures, something consistent with the Court of Appeal extract. The term ‘reversing’
means a higher court disagreeing with a lower court in the same case, which is not what is
happening here.

Question 36

Question 3
A broadcast company is contesting a decision by the broadcasting regulator to fine it for
lack of impartiality. The case is being heard in the Administrative Court of the Queen’s
Bench Division of the High Court. The judge in your client’s case finds for the regulator,
saying: ‘It is the duty of the regulator to consider very few facts. Its duty is purely to protect
the public from misinformation’. Commentators have expressed surprise at this ruling and
some have suggested it is incorrect law.
Which of the following statements as to hierarchy and precedent is correct?
A An appeal is possible to another Division of the High Court.
B Decisions of the High Court in the Administrative Court are binding on the Court of
Appeal.
C A County Court would not be bound by the High Court’s ruling, as it may be incorrect.
D The High Court in the future could depart from the finding on the basis it was ‘per
incuriam’, ie through carelessness.
E The comment about protecting the public from misinformation is obiter. It can be relied
on in the future by other courts as necessary.

Answer 36

Answer
Option D is correct. Although the High Court in its appellate role usually binds itself, it can
depart from previous decisions where they are made through carelessness. This follows the
principle adopted by the Court of Appeal in Young v Bristol Aeroplane [1944] KB 718. The
court appears to have relied on incorrect law and so the ‘per incuriam’ principle would apply.
Incidentally there is no presumption the High Court in its first instance role binds itself. Option
A is wrong because an appeal from the High Court lies to the Court of Appeal. Option B is
wrong because the system of precedent, and the hierarchy of the courts, does not allow the
High Court to bind the Court of Appeal. It is in fact the opposite – the Court of Appeal binds
the High Court. Option C is wrong because the County Court is bound by the High Court, even
if it disagrees with its decisions. Option E is wrong because the ruling in this case is not obiter.
It is in fact a ratio, albeit apparently a wrong one.

Question 37

Question 1
A not- for- profit organisation judicially reviews the decision of a government agency for
failing to prosecute a company for breach of environmental law. The case is heard in
the Administrative (Divisional) Court of the Queen’s Bench Division of the High Court. The
underlying law is novel and unclear.
The judge finds in favour of the agency. The judge certifies there is an urgent need to
obtain an authoritative interpretation on the matter in dispute.
Which of the following is the most likely route of appeal for the organisation?
A The Crown Court, because this is a criminal matter.
B Another part of the Queen’s Bench Division, because judicial review is a civil matter.
C The Administrative Court again, by way of case stated, as there is point of law to be
decided.
D The Court of Appeal, because it is the next court up within the hierarchy.
E The Supreme Court by way of the leapfrog procedure, as there is an urgent need to
obtain authoritative interpretation on the matter.

Answer 37

Answer
Option E is correct. The leapfrog procedure allows an appeal from the High Court to the
Supreme Court where there is an urgent need to obtain authoritative interpretation of the
matter in dispute.
Option A is wrong because, although breaking the environmental law in question might well
be a criminal offence, judicial review is not a criminal process. It is an administrative one. In
any event, it is not possible to appeal from the High Court to the Crown Court. Option B is
wrong because it is not possible to appeal from one part of the High Court to another. Option
C is wrong because it is not possible to use the case stated procedure from the High Court. It
must be from a lower criminal court (although it is indeed correct that appeals by way of case
stated are heard in the Queen’s Bench Division). Option D is wrong because an urgent need
to obtain authoritative interpretation results in an appeal to the Supreme Court – through the
leapfrog procedure – rather than the Court of Appeal.

Question 38

Question 2
Police arrive at a man’s house. They knock on the door. He opens the door and they
enter without his permission. They take a bank statement from his desk. They ask him to
accompany them to the police station, without giving a reason why. The man refuses. They
arrest him. In so doing there is no violence and the man is not intimidated.
At the police station they put him in a room. They take his house keys for safe keeping,
indicating they will be returned later. The police refuse to explain why they are holding the
man. After several hours the police allow the man to see his solicitor.
Which of the following best explains what the solicitor should do and why?
A Explain to the man the law relating to the possible offences he has committed, so the
man understands his situation.
B Object to the man’s arrest on the basis the bank statement is unlawfully obtained
evidence and thus inadmissible.
C Object to the man’s arrest on the basis it contravenes the rule of law.
D Object to the man’s arrest because the police have assaulted him.
E Object to the man’s arrest because the police have stolen his keys.

Answer 38

Answer
Option C is correct. The police behaviour is in breach of the rule of law. They have entered
the man’s house without reason, arrested him without explaining why, and held him
in a form of isolation without explaining what offence, if any, he has committed. It is a
fundamental and basic aspect of the legal system for the authorities, here represented by
the police, to act on the basis of established laws. Here there is no evidence the police
have behaved lawfully. The onus is on the state to explain its actions.
Option A is wrong because, without the police confirming the alleged offence, if any,
the solicitor is not able to explain the relevant law. A solicitor cannot speculate as to the
reasons for a client’s arrest. They should be told by the police. Option B is wrong because
case law and statute suggest unlawfully obtained evidence can still be admissible, unless
it has an adverse effect on the fairness of proceedings. Option D is wrong because there
is no evidence of assault by the police, and in any event that is a relatively minor argument
to make compared to the ‘bigger picture’ of the overall wrongdoing. Option E is wrong
because there is no evidence of the police intending to permanently deprive the man of his
keys, and thus there is no theft.

Question 39

Question 3
A man with 12 previous convictions is on trial in the Crown Court for theft of a pedal bike.
When arrested the man protests his innocence. At the police station he feels unwell and
tells the police he had indeed stolen the bike. He says this not because he had committed
the crime but because he thought it would allow him to leave the police station as soon as
possible.
At trial the prosecution obtain permission to adduce evidence of the man’s previous
convictions.
Can the jury find the man guilty of theft?
A Yes, because the man made a confession.
B Yes, because of the man’s previous criminal record.
C Yes, if the prosecution proves their case beyond reasonable doubt.
D No, because the man only confessed on account of feeling unwell.
E No, because the man protested his innocence when arrested.

Answer 39

Answer
Option C is correct. The jury can convict the man if they believe the prosecution has proved
its case beyond reasonable doubt. As per Woolmington v DPP, the golden thread of British
justice is that a defendant is innocent until presumed guilty.
Option A is wrong because a court can exclude a confession, and the fact that the man
stated he had stolen the bike would not on its own be conclusive. Option B is wrong because
basic principles of justice do not allow a jury to convict a defendant on the basis of previous
criminality. Rather, the jury must establish guilt in relation to the offence charged. Option D
is wrong because the fact of the man being unwell is itself not conclusive. The defence must
prove that any illness at the police station made the confession, or indeed any confession
made in those circumstances, unreliable. In addition, the man could be convicted on the basis
of other evidence. Option E is wrong because many suspects protest their innocence on arrest,
so that would not, on its own, be a reason for the jury to find the man not guilty.

Question 40

Question 23

In an appeal before the Court of Appeal, the appellant relies in argument on an earlier decision of the Judicial Committee of the Privy Council (JCPC) which indicates that the appeal should be allowed. The respondent relies in argument on an earlier decision of the Court of Appeal which indicates that the appeal should not be allowed.

How should the Court of Appeal treat the two decisions to which it has been referred?

A. The court should consider itself bound by the earlier decision of the JCPC.

B. The court should consider itself bound by the earlier decision of the Court of Appeal.

C. The court should consider itself bound by both earlier decisions and must transfer the appeal to a higher court.

D. The court should treat both earlier decisions as having persuasive value only and must decide which of the two to follow.

E. The court should treat both earlier decisions as without precedent value and should make its decision without regard to either.

Answer 40

B - The court should consider itself bound by the earlier decision of the Court of Appeal.

Question 41

Question 40

The UK government has introduced a Parliamentary Bill (‘the Bill’) to repeal a UK statute. The government is able to command a majority in the House of Commons, but the Bill is opposed in the House of Lords. The Parliament Acts 1911 and 1949 are invoked in order to pass the Bill into law.

What further steps are required for the Bill to become law?

A. The Bill will require approval in the House of Commons and to receive Royal Assent.

B. The Bill will require approval in the House of Commons and the House of Lords and to receive Royal Assent.

C. The Bill will require approval in the House of Commons and in a UK referendum.

D. The Bill will require approval in the House of Commons, the House of Lords and in a UK referendum and to receive Royal Assent.

E. The Bill will require approval in the House of Commons, the House of Lords and in a UK referendum.

Answer 41

A - The Bill will require approval in the House of Commons and to receive Royal Assent.

Question 42

A claimant issues a claim for breach of contract against a defendant. The defendant fails to serve its defence within the time limit required and the claimant enters judgment in default of a defence.

The defendant applies to set aside the default judgment and the application is heard in the County Court before a District Judge at a hearing centre outside London.

The District Judge refuses to grant the application. The defendant is granted permission to appeal and appeals against the order made by the District Judge.

Who will hear the defendant’s appeal?

A. High Court Judge in the High Court.

B. Circuit Judge in the County Court.

C. Justices of Appeal in the Court of Appeal.

D. Master in the County Court.

E. District Judge in the High Court.

Answer 42

B - Circuit Judge in the County Court.

Question 43

A pharmaceutical company brings a claim against a chemical supplier seeking damages of £40,000 arising from the supplier’s alleged breach of contract in supplying chemicals which do not conform with the contractual specification. The claim raises issues of a technical nature and will require extensive expert evidence if it is to be resolved fairly.

In which of the following courts should the claim most appropriately be issued?

Select one alternative:

In the High Court, King’s Bench Division.

In the High Court, Family Division.

In the High Court, Chancery Division.

In the Magistrates Court.

In the County Court

Answer 43

In the County Court.

This question relates to ‘allocation of business between the High Court and the county court’ and ‘jurisdiction of the specialist courts’. The claim in this question is not a personal injury claim. Such a claim may not be started in the High Court unless the value of the claim is more than £100,000 (or an enactment requires it to be issued in the High Court). The value of this claim is £40,000, and therefore it may not be started in the High Court and must be commenced in the County Court. The Magistrates Court has very limited civil jurisdiction, is generally only concerned with criminal matters, and would not be appropriate for this claim.

Question 44

A pedestrian’s claim for damages against a motorist is unsuccessful at trial in the County Court, judgment being given in favour of the defendant by the County Court Circuit Judge. The Circuit Judge refuses permission to appeal.

From whom, if anyone, can the pedestrian make a further request for permission to appeal?

Select one alternative:

A Court of Appeal Judge.

A District Judge.

A High Court Judge.

There is nobody from whom the pedestrian can make a further request for permission to appeal.

A Recorder.

Answer 44

Where a lower court refuses an application for permission to appeal, a further application for permission may be made to the appeal court (CPR 52.3(3)). The destination of an appeal from a decision of a Circuit Judge in the County Court is a High Court Judge (CPR 52A PD 3.4).

Question 45

A man has been charged with a serious criminal offence and is awaiting trial at the Crown Court. He is anxious about his prosecution and would like advice about the process.
Which of the following statements best describes the burden and standard of proof applicable at his trial?
Select one alternative:

It is for the prosecution to prove that the defendant is guilty. If the jury considers that there is even the slightest possibility that the defendant did not commit the offence, they should acquit him.

It is for the prosecution to prove that the defendant is guilty. If the jury is satisfied beyond reasonable doubt that the defendant committed the offence, it should return a guilty verdict.

It is for the defendant to prove that he is not guilty. If the jury is satisfied beyond reasonable doubt that the defendant has been able to do this, it can acquit him.

It is for the prosecution to prove that the defendant is guilty. If the jury is satisfied on balance that the defendant committed the offence, they should return a guilty verdict.

It is for the defendant to show that he is not guilty. If the jury is satisfied that sufficient doubt has been cast on the prosecution’s case, it has a duty to acquit the defendant.

Answer 45

It is for the prosecution to prove that the defendant is guilty. If the jury is satisfied beyond reasonable doubt that the defendant committed the offence, it should return a guilty verdict.

This question requires a knowledge of both the burden of proof operating in the criminal law and the degree of proof required. It is vital to appreciate that the burden is on the prosecution and the defendant does not have disprove his alleged guilt. The standard of proof required is beyond reasonable doubt and not ‘on balance’ or there being ‘even the slightest possibility”.

Question 46

A civil case has reached the Court of Appeal and it has become apparent that there is a lack of clarity over relevant precedent established by an earlier Court of Appeal judgment.

In which of the following circumstances will the current Court of Appeal be able to depart from a previous Court of Appeal judgment on the same area of law?

Select one alternative:

Where it considers that societal values have changed in the interim period and it would be justifiable to develop the law in a different direction.

Where it is aware of significant critical academic reaction to the earlier Court of Appeal decision.

Where the earlier Court of Appeal decision had led to significant commercial or economic inconvenience.

Where it considers that the earlier Court of Appeal decision had been made per incuriam by failing to pay due regard to a relevant statutory or common law authority.

Where the earlier Court of Appeal decision had been made by a panel of judges without expertise on the subject area.

Answer 46

Where it considers that the earlier Court of Appeal decision had been made per incuriam by failing to pay due regard to a relevant statutory or common law authority.

This question requires knowledge of the system of precedent and, more specifically, of the flexibility that has been brought in to allow some departure from historic precedents. In relation to the Court of Appeal the current court is able in defined circumstances to depart from a decision made by an earlier incarnation of the court. This is not allowed where the modern court feels that the law should be modernised in a general sense but instead for more technical reasons. Here, an acceptable reason for doing so would be if the earlier Court of Appeal had acted per incuriam by not paying due regard to a statutory or case law authority that was relevant at the time.

Question 47

A civil case has reached the Court of Appeal and there is a clear conflict of opinion between the parties over applicable precedent on a particular point of law.

One of the parties wishes to rely on an obiter statement made by a Justice of the Supreme Court ten years previously which was part of a speech outlining the law at that stage but was not central to the ratio of that case.

Which of the following statements best describes the status of the Justice’s obiter statement in relation to the current Court of Appeal case?

Select one alternative:

The Justice’s obiter statement has no application at all to the current case, as it was not central to the ratio established ten years ago and so has no precedent value.

The Justice’s obiter statement is likely to have significant persuasive effect in relation to the current case, especially if it related to a closely connected legal issue, but it will not be binding.

The Justice’s obiter statement will only have some influence in shaping the judgement in the current case if it had been supplemented by a reasonable number of concurring opinions in the meantime.

The Justice’s obiter statement will have a binding effect in relation to the judgement of the current case as it was made by a judge in a superior court.

The Justice’s obiter statement will only have minimal impact on the current case in framing the parameters of the debate between the parties.

Answer 47

The Justice’s obiter statement is likely to have significant persuasive effect in relation to the current case, especially if it related to a closely connected legal issue, but it will not be binding.

This question relates to the significance and status of obiter comments in relation to the development of the common law. It is very important here to appreciate that obiter comments cannot be directly binding on (inferior) courts, adjudicating on the same area. However, they can prove influential in shaping the decisions of future courts, especially if they relate closely to the subject matter at hand, and so they can have a persuasive effect.

Question 48

Your client wishes to bring a breach of contract claim against a software company. The claim is valued at £120,000.

What is the best advice to give the client about where to issue the claim?

Select one alternative:

The claim must be issued in the Circuit Commercial Court.

The claim must be issued in the High Court.

The claim can be issued in the High Court or the County Court.

The claim must be issued in the Technology and Construction Court.

The claim must be issued in the County Court.

Answer 48

The claim can be issued in the High Court or the County Court.

This question required you to understand the court in which a non-personal injury claim with a value of more than £100,000 should be commenced. This was covered in the element, ‘the civil court system’ in Adapt. As this is a non-personal injury claim exceeding £100,000, both the County Court and High Court have jurisdiction. You will need to consider factors of value, complexity and importance to the public when making a final decision about whether to issue in the County Court or the High Court. The Technology and Construction Court is a specialist court within the Queens Bench Division of the High Court. The Circuit Commerical Court is a specialist court within the Queens Bench Division of the High Court.

Question 49

A father wishes to apply for a court order to gain access to his child who is 12 years old. However he is concerned that he will not have enough money to pay for the legal costs. What is the best advice to give him about civil Community Legal Service (‘CLS’) funding?

Select one alternative:

Civil CLS funding will not be available because the child is over the age of 10.

Civil CLS funding will be available because it is always awarded for family disputes.

Civil CLS funding may be available, but only if his case is sufficiently strong and he meets the means test.

Civil CLS funding may be available but only if his case is strong enough.

Civil CLS funding may be available but only if he meets the means test.

Answer 49

Civil CLS funding may be available, but only if his case is sufficiently strong and he meets the means test.

Civil CLS funding is subject to a means test and a merits test. If the client’s income is too high and/or the client has too much capital, they will be ineligible. Also, if the client’s position is insufficiently meritorious, they will not receive CLS funding. The majority of civil legal work is not eligible for CLS funding, but it is available for family disputes provided the client meets the means test and the merits test.

Question 50

A claim for damages for breach of contract is settled on terms that the defendant must pay the claimant damages of £50,000 together with the claimant’s legal costs, to be assessed on the standard basis (unless the parties can agree the amount to be paid). The claimant has a written conditional fee agreement with her solicitor which provided for a success fee of 80% of the fees charged by the firm. The solicitor has calculated their professional fees at £20,000 before the addition of the success fee and VAT.

What sum may the solicitor charge the client for their professional fees, net of VAT?

Select one alternative:

£16,000

£25,000

£40,000

£36,000

£20,000

Answer 50

£36,000

This question concerns the conditional fee agreements which was covered in the element ‘Funding’. The success fee is 80%. 80% of £20,000 is £16,000. This can be charged on top of the ‘normal’ fee of £20,000. So the total charge is £36,000.

Question 51

Your client is 40 years old and has been charged with common assault.

Which one of the following statements describes where proceedings should most appropriately be commenced, heard and appealed?

Select one alternative:

Proceedings will be commenced in the Magistrates’ Court and the case will be sent to the Crown Court where the case will be tried and sentenced. Any appeal will be made to the Court of Appeal, Criminal Division.

Proceedings will be commenced, tried and sentenced in the Magistrates’ Court. Any appeal will be made to the Crown Court.

Proceedings will be commenced, tried and sentenced in the Crown Court. Any appeal will be made to the Court of Appeal, Criminal Division.

Proceedings will be commenced in the Magistrates’ Court. The Magistrates’ Court will decide whether to try the offence in the Magistrates’ Court or the Crown Court, and the offence will be tried and sentenced accordingly.

Proceedings will be commenced, tried and sentenced in the Magistrates’ Court, unless the client elects to be tried in the Crown Court in which case proceedings will be commenced in the Magistrates’ Court and tried and sentenced in the Crown Court.

Answer 51

Proceedings will be commenced, tried and sentenced in the Magistrates’ Court. Any appeal will be made to the Crown Court.

This question concerns jurisdiction of the criminal courts. The client is charged with assault. Students needed to recognise that assault is a summary only offence and is therefore only capable of being tried and sentenced in the Magistrates’ Court. Any appeal will be made to the Crown Court. This was covered in the element ‘Criminal Courts Structure’ in the topic ‘Legal System of England and Wales’ in the Professional Conduct + section in Adapt

Question 52

A solicitor specialising in criminal law, who has been practising for five years, has been asked to represent a client at a hearing in the County Court because the barrister on the case has been taken ill.

Which one of the following options best states the solicitor’s position?

Select one alternative:

The solicitor cannot represent the client at the hearing because solicitors do not have Higher Rights of Audience.

The solicitor can represent the client at the hearing because solicitors can carry out advocacy in the County Court.

The solicitor cannot represent the client at the hearing unless he has completed the additional assessment requirements to obtain Higher Rights of Advocacy.

The solicitor can represent the client because solicitors can carry out advocacy in all courts and tribunals.

The solicitor can represent the client at the hearing because he has been practising for five years.

Answer 52

The solicitor can represent the client at the hearing because solicitors can carry out advocacy in the County Court.

This question required you to understand solicitors’ rights of advocacy in the Magistrates’ Court. Solicitors can carry out advocacy in the Magistrates’ Court, County Court, Tribunals and Appeal Tribunals. Solicitors are not generally authorised to carry out advocacy in the Higher Courts. Advocacy in these courts would ordinarily by carried out by barristers, and solicitors wishing to carry out advocacy in the Higher Courts must undertake training and pass assessments to obtain Higher Rights of Audience.