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SQE 1 > Missing bits 2 > Flashcards

Missing bits 2 Flashcards

1
Q

For a PI contingency, what is the contingency cap based on dames or costs?

A

Success fee must not exceed 25% of damages excluding damages for future

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2
Q

What is reversing?

A

goes to appeal and the higher court disagrees with the lower court

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3
Q

What is overruling/overturning?

A

higher court decides the precedent set in an earlier decision is wrong

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4
Q

When can the CofA depart from its own earlier decision?

A
  • if has previous conflicting decisions - todays’ court can decide which to follow
  • if it has been overruled by Supreme Court
  • if the decision was made ‘per inucirium’ - not aware of relevant authority
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5
Q

Prescription - what is the time based on?

A

the time that C could have complained, not the time that the disturbance has been going on for.

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6
Q

Where a director has an interest in a transaction, can they vote on it?

A

No - MA 14 prohibits this (can be removed by OR)

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7
Q

Does a classic counter claim have to have anything to do with the original claim?

A

No

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8
Q

How can you amend a statement of case?

A
  • no consent needed before service
    AFTER SERVICE NEED EITHER
  • consent of all parties (court can still refuse)
    OR
  • Courts permission
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9
Q

What standard KYC is required for a company

A
  • company house info
  • UBO (more than 25%) - can’t just rely on PSC register
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10
Q

What is a breach of the peace?

A
  • harm
  • actually done or likely to be done
  • to a person

OR

  • his property in his presence

OR

  • he’s afraid of being harmed
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11
Q

What can the police do for breach of the peace?

A
  • Arrest
  • Detention
  • Bound over
  • disperse a meeting
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12
Q

Who occupies land for OLA?

A

Can be both the owner and someone who the owner has allowed to temporarily occupy a space.

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13
Q

are housing authorities ‘public bodies’ for HRA purposes?

A

Yes

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14
Q

are private care homes for the elderly ‘public bodies’ for HRA purposes?

A

No

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15
Q

Only the victim (which can be a legal person) can bring a claim under the HRA, can relatives of deceased bring a claim?

A

Yes

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16
Q

who are ‘connected persons’ for preference

A
  • director
  • shadow director
  • or there associates
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17
Q

who are ‘associated persons’ for preference

A

pretty much anyone

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18
Q

what are the assumptions if preference is given to a connected person

A
  • rebuttable presumption that preference was ‘desired’

BUT

  • no presumption of insolvency

(difference to TUV).

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19
Q

Who are connected persons for transactions with directors?

A
  • Spouse & children
    The following are not connected;
  • siblings,
  • grandparents
  • grandchildren
  • uncles and aunts
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20
Q

If a transaction is with a director of the company AND its holding company who will need to approve it?

  • Substantial property transfers
  • Loans

(note: not long-term service contracts)

A
  • the shareholders of the comapny

AND

  • the shareholders of the parent company
21
Q

Can a director vote at a BM where they are involved in a transaction?

A

No

Art 14

22
Q

Is approval required for a wholly owned subsidiary of another company?

  • Long-term service contracts
  • Substantial property transactions
  • Loans
A

No

23
Q

Can a majority of Partners expel a partner?

A

No - not unless they all agree…

24
Q

What is the effect of a partner leaving a partnership?

A

partnership is dissolved unless the partnership agreement states differently

25
Q

How can a partnership be dissolved?

A
  • automatically once purpose forefilled
  • death or bankrupcy of any partner
  • notice by any partner
  • becomes unlawful
  • dissolution by the court
26
Q

What damages are covered by CPA?

A
  • death
  • personal injury
  • loss or damage to property (£275 only PRIVATE USE)
27
Q

What damages are not covered by CPA?

A

No PEL:

  • no damage to the product itself
  • no damage to a product it is contained within
28
Q

What’s the time limit for JR and public procurement?

A

30 days

29
Q

when counting time for DDS on particulars of claim, what happens if the relevant step was taken on Friday for under 5 days?

A

the day after the relevant step is Sunday, but as this is not a business day, the next day is used instead which in Monday.

30
Q

After a claim is served, what permission is needed to add, remove or substitute a party?

A

The Court’s permission ONLY

31
Q

For a misrepresentation must the person rely on the misrepresentation?

A

YES - so if you cover something up and the person doesn’t see it there’s no misrepresentation.

32
Q

Should you read the question properly?

A

Yeah

33
Q

Where a contract is frustrated, can further payments be due?

A

No

34
Q

In Judicial review, what are direct and indirect bias?

A

Direct - decision maker will lose out

Indirect - a mate of the decision maker will lose out

35
Q

In Judicial Review, can the Courts quash a SI?

A

Yes if not made in accordance with primary legislation

36
Q

What is required to meet legal aid?

A
  • sufficiently strong case
  • means test
37
Q

What is the period required for the NCA

A

7 WORKING DAYS

31 clear DAYS

38
Q

Does a person abroad require Enhanced Customer DD?

A

No

39
Q

If a person enters into a contract on behalf of a company before it is formed, does the liability for the contract pass to company once formed?

A

No

40
Q

is a partner liable for debts before they joined?

A

No

41
Q

When making loans to directors, how long must the contract be available for members before voting? Does this change because the short notice option is picked?

A

15 days & No

Therefore, if you want it done quickly, the WR method is better.

42
Q

For transactions with directors etc. involving parent/subsidiary relationships, does the subsid need to go to its members for approval?

A

No - it will be subject to the wholly owned subsidiary rule, therefore, only the parent’s shareholders will be required if the proposed transaction involves a director of the parent.

43
Q

For company preference, what effect does being connected have?

A

Just that ‘desire to prefer’ is presumed - still have to show insolvency

44
Q

When is ‘material contribution’ used?

A

where it is not possible to say exactly what effect the medical negligence had.

Brick dust - tortious and non-tortious

Medical - poor treatment and sick caused choking

45
Q

Under the CPA what is the minimum amount of domestic property damage required?

A

£275

46
Q

When considering the standard of care, is the child’s age taken into account?

A

Yes - so not just “a child” but “a 8 year old child”

46
Q

What can an injured person claim for in Tort?

A
  • special damages
  • general damages
  • loss of amenity
  • loss of earnings post trial
47
Q

Do safe systems of work need to be enforced in order for them to be considered safe systems of work?

A

Yes

47
Q
A

SQE 1 (149 decks)

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