Mock 2

Question 1

Who can carry out notarial activities

Answer 1

ONLY specified regulated legal service providers

So NOT freelance solicitors

Question 2

Time frame for notice to remove director

Answer 2

28 day

Question 3

For claims involving asbestos related deseases with more than one possible defendant who can you claim against?

Answer 3

jointly and severally

Question 4

Are non-lawyers subject to SRA codes of conduct and SRA regulatory regime?

Answer 4

Yes all persons working for an SRA Regulated law firm are

Question 5

Can you bring negligence claim for lost change of survival?

Answer 5

Only if you would have survived on the balance of probabilities (over 50%)

Question 6

Can you challenge an arbitrators decision?

Answer 6

Only on the basis that they wrongly applied the law

Can then seek permission of the court to challenge decision

Question 7

When can a judge use extrinsic aids to interpret AoP?

Answer 7

Only if they determine the relevant provision is unclear or ambiguous

Question 8

What is the difference between memorandum of association and Form IN01

Answer 8

Form IN01 now includes the memorandum
- so cannot file memorandum alone
- but can file Form alone

Question 9

Definition of Retained EU law?

Answer 9

Any Eu Law that was in effect on the EXIT DAY

(day UK ceased to be a member)

Question 10

Percentage Required to Call general meeting

Answer 10

10%

Unless private company has not had meeting for 12 months then
- 5%

Question 11

What must solicitor do in relation to referral fees?

Answer 11

Must
- disclose to client
- can only keep them with clients consent

Question 12

What must solicitor do in relation to any financial benefit they received as a result of their instruction

Answer 12

Must account to the client (unless agreed otherwise) and can only receive these with consent of client

Question 13

What to take into account when valuing claims?

Answer 13

Only amount in dispute should be considered

Question 14

Define occasional transaction

Answer 14

done other than as part of business relationship amounting to EUR 15k or more
- can be single transaction or several operations which appear to be linked

Question 15

Can the board appoint and remove directors alone?

Answer 15

Appointment
- by board; or
- ordinary resolution

Removal
- requires ordinary resolution

Question 16

Court Overrule, Reverse, Overturn

Answer 16

Overrule
- court departs from decision of lower court in new case
- old case not effected

Reverse
- changing outcome of case (appeal)

Overturn
- done when new evidence is presented or previous decision due to legal error

Question 17

Conditional Fee Agreement what is client liable for

Answer 17

Normal Fee + Success Fee (up to 100% of normal fee)

Question 18

When is there close ties of love and affection (psychiatric harm)

Answer 18

presumed in parent and child and between spouses but must be proved in other relationships.

In particular siblings are not normally considered to have a close tie of love and affection

Question 19

When is the interest of justice test automatically passed for criminal legal aid?

Answer 19

For Crown court trials

Question 20

Substantial Property Transaction requirements

Answer 20

• over 5k and more than 10% of company assets: or
• more than £10k
• director or connected person

Question 21

What is the effect of acknowledgment of service?

Answer 21

• time to file defence is extended to 28 days from date of deemed service of claim form

Question 22

Who to report to for breaches of confidentiality?

Answer 22

To firms compliance officer for Legal Practice (COLP)

Question 23

Who to report to for serious breaches of SRA Regulations?

Answer 23

Direct to SRA (and should also to COLP)