Mock Questions / Key Principles Flashcards
Areas you got wrong
When a bill is given effect by Royal Assent, when does the bill come into effect and become law?
From midnight the same day
- where there is not a commencement date specified in the Act or a commencement order is made by a government minister
Can a solicitor represent a client in the Crown Court?
No, unless the solicitor has specialist training required to gain higher rights of audience
What can a creditor’s bankruptcy petition be served against an individual (personal insolvency)?
The debt must exceed the bankruptcy level which is £5,000
- The ground for petition is that the debtor appears unable to pay or has no reasonable prospect of paying
- The debt owed to the creditor is for an unsecured liquidated sum exceeding £5,000
If the debt exceeds £5,000 - serve the debtor with a statutory demand
From whom can ECHR examine complaints?
- inter-state: from a State against another state
- individual applications lodged by any person, group of individuals, company or NGO
If an application for interim payment is successful, against whom should the court make the order?
The defendant
- even if the defendant has an insurer who will ultimately pay out - the award is made against the defendant as they are party to proceedings
When must a party comply with a judgment?
The party must comply with a judgment or order for payment within 14 days of the date of judgment
What is required for an informal shareholder decision to be binding?
Duomatic principle:
- informal decision is only binding if there is unanimous agreement
- the decision will not be binding if not all shareholder eligible to agree have agreed
What are the rules for expert evidence where a claim is allocated to small claims or fast track?
If permission is given for expert evidence, it is normally given for evidence from only one expert on a particular issue
- instruction of one expert to be jointly appointed
What is required for a solicitor to rely on Article 67 RAO exclusion?
The regulated activity must not be remunerated separately from the other services provided
What is an additional requirement when a solicitor is advising on / arranging an insurance contract?
Must notify the SRA in the prescribed form
When will a liquidated damages clause be a penalty and unenforceable?
- It must protect a legitimate interest
- The figure must bear relation to that legitimate interest
- It must be a genuine assessment of the losses
If the figure is intended to penalise, or is ‘extravagant and unconscionable’ it will be declared void
E.g.,
- penalty for a sum of 10 x value of goods, where the losses are less than 1% - does not reflect a legitimate interest and would be unenforceable as a penalty clause
When must an undertaking be fulfilled?
- Within an agreed timescale; or
- If no timescale is given, within a reasonable amount of time
What is the consequence of non-compliance with an unless order (conditional order)?
The claim will automatically be struck out for non-compliance with an unless order
- but the party may apply for relief from sanction
When should enhanced CDD be carried out for an existing client?
Where the transaction is:
- complex; or
- unusually large; or
- unusual pattern of transactions
Is a contract formed where there is executory consideration?
Executory consideration is consideration that has been promised but not yet provided
E.g., a seller agrees to sell their bike for £25 to a woman but no payment has yet been made
There is a contract because sufficient consideration has been promised
- executory consideration - there is a valid contract
What is the effect of a defendant denying an allegation?
A denial has the effect that the claimant will have to prove the allegation (claimant bears burden of proof) on the balance of probabilities
- If D denies an allegation it must give reasons
Can annual exemption be carried forward for CGT purposes?
NO - every individual is entitled to £3000 AE per year. You can’t carry AE forward, so you need to use it or lose it
An Act to make a provision relating to carrying of disabled persons by taxis [28th April 2022]. What is significance of 28th April 2022?
The date the statute received Royal Assent
If the Act is not to come into law on the date of Royal Assent, the commencement section may state when it will come into law (e.g., this Act will come into force 3 months after it has been passed)
Will a paralegal be subject to regulation by an approved legal regulator?
They are employed by a firm of solicitors which is authorised as a legal services body
Yes - they by the SRA
What is an exception to duty of disclosure?
A solicitor is under a duty to disclose all matters material to client, except where they have received information that has been mistakenly disclosed
- e.g., other party mistakenly sends the solicitor a box of privileged documentation
A solicitor must not read it, must not disclose the information (if she has accidentally read), and immediately return documents to the other side
