Missing bits 2 Flashcards
For a PI contingency, what is the contingency cap based on dames or costs?
Success fee must not exceed 25% of damages excluding damages for future
What is reversing?
goes to appeal and the higher court disagrees with the lower court
What is overruling/overturning?
higher court decides the precedent set in an earlier decision is wrong
When can the CofA depart from its own earlier decision?
- 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
Prescription - what is the time based on?
the time that C could have complained, not the time that the disturbance has been going on for.
Where a director has an interest in a transaction, can they vote on it?
No - MA 14 prohibits this (can be removed by OR)
Does a classic counter claim have to have anything to do with the original claim?
No
How can you amend a statement of case?
- no consent needed before service
AFTER SERVICE NEED EITHER - consent of all parties (court can still refuse)
OR - Courts permission
What standard KYC is required for a company
- company house info
- UBO (more than 25%) - can’t just rely on PSC register
What is a breach of the peace?
- harm
- actually done or likely to be done
- to a person
OR
- his property in his presence
OR
- he’s afraid of being harmed
What can the police do for breach of the peace?
- Arrest
- Detention
- Bound over
- disperse a meeting
Who occupies land for OLA?
Can be both the owner and someone who the owner has allowed to temporarily occupy a space.
are housing authorities ‘public bodies’ for HRA purposes?
Yes
are private care homes for the elderly ‘public bodies’ for HRA purposes?
No
Only the victim (which can be a legal person) can bring a claim under the HRA, can relatives of deceased bring a claim?
Yes
who are ‘connected persons’ for preference
- director
- shadow director
- or there associates
who are ‘associated persons’ for preference
pretty much anyone
what are the assumptions if preference is given to a connected person
- rebuttable presumption that preference was ‘desired’
BUT
- no presumption of insolvency
(difference to TUV).
Who are connected persons for transactions with directors?
- Spouse & children
The following are not connected; - siblings,
- grandparents
- grandchildren
- uncles and aunts
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)
- the shareholders of the comapny
AND
- the shareholders of the parent company
Can a director vote at a BM where they are involved in a transaction?
No
Art 14
Is approval required for a wholly owned subsidiary of another company?
- Long-term service contracts
- Substantial property transactions
- Loans
No
Can a majority of Partners expel a partner?
No - not unless they all agree…
What is the effect of a partner leaving a partnership?
partnership is dissolved unless the partnership agreement states differently
How can a partnership be dissolved?
- automatically once purpose forefilled
- death or bankrupcy of any partner
- notice by any partner
- becomes unlawful
- dissolution by the court
What damages are covered by CPA?
- death
- personal injury
- loss or damage to property (£275 only PRIVATE USE)
What damages are not covered by CPA?
No PEL:
- no damage to the product itself
- no damage to a product it is contained within
What’s the time limit for JR and public procurement?
30 days
when counting time for DDS on particulars of claim, what happens if the relevant step was taken on Friday for under 5 days?
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.
After a claim is served, what permission is needed to add, remove or substitute a party?
The Court’s permission ONLY
For a misrepresentation must the person rely on the misrepresentation?
YES - so if you cover something up and the person doesn’t see it there’s no misrepresentation.
Should you read the question properly?
Yeah
Where a contract is frustrated, can further payments be due?
No
In Judicial review, what are direct and indirect bias?
Direct - decision maker will lose out
Indirect - a mate of the decision maker will lose out
In Judicial Review, can the Courts quash a SI?
Yes if not made in accordance with primary legislation
What is required to meet legal aid?
- sufficiently strong case
- means test
What is the period required for the NCA
7 WORKING DAYS
31 clear DAYS
Does a person abroad require Enhanced Customer DD?
No
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?
No
is a partner liable for debts before they joined?
No
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?
15 days & No
Therefore, if you want it done quickly, the WR method is better.
For transactions with directors etc. involving parent/subsidiary relationships, does the subsid need to go to its members for approval?
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.
For company preference, what effect does being connected have?
Just that ‘desire to prefer’ is presumed - still have to show insolvency
When is ‘material contribution’ used?
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
Under the CPA what is the minimum amount of domestic property damage required?
£275
What can an injured person claim for in Tort?
- special damages
- general damages
- loss of amenity
- loss of earnings post trial
Do safe systems of work need to be enforced in order for them to be considered safe systems of work?
Yes
When considering the standard of care, is the child’s age taken into account?
Yes - so not just “a child” but “a 8 year old child”
