Oral Exams Flashcards
Possible answer to concerns over confidentiality in an app for disclosure?
The ‘confidentiality’ of the customers’ details is not a sufficient reason for refusing disclosure: much of what takes place in litigation concerns confidential matters, but disclosure is ordered because, as here, the documents are important to the just resolution of the dispute. If the court remains concerned about confidentiality, the documents could be disclosed with the names and addresses of clients redacted.
What is the court’s duty regarding expert evidence?
The court has a duty to restrict expert evidence to that which is reasonably required to resolve the proceedings
What does the CPR define a vulnerable person as?
When a factor may adversely affect their participation in proceedings or giving evidence
When is the small claims track used?
Fast track?
Intermediate?
Multi?
When can court depart from the normal track?
Small: value not more than £10,000
Fast: Up to £25,000, where
-trial is to last no longer than 1 day; and -there will be oral expert evidence from one expert per party (in no more than 2 expert fields)
Intermediate: 25,000 to 100,000, where -if managed proportionately will last no longer than 3 days
a) trial is likely to last no longer than 3 days if MANAGED PROPORTIONATELY, and
b) oral expert evidence is likely to be limited to 2 experts per party
Where claim is brought by single cC against 1-2 Ds, or 2Cs against 1 D (3 parties is max)
Multi: all other
Depart: if there is good reason to
What should you always say during interview and involves a will?
I’d like to offer my condolences, I’m very sorry for your loss
What options does an executor have if they are not sure whether they can act?
Renounce
Power reserved (could apply for the grant later if there is an executor to act first)
Appoint an attorney
What are the steps for grant where taxable (specifically forms)?
If there is a co-executor?
Complete IHT 400 (contain’s deceased’s personal details, address, DofB etc, also need to detail assets)
Complete IHT 421 (states how much IHT is payable and when - submit to HMRC together with IHT payable)
HMRC if satisfied, stamp IHT 421 and send this to probate registry
HMRC will require exact valuations (can be estimated below £500), and whether deceased has made any gifts in last 7 years
Also provide details of debts
PA1P/A submitted alongside a fee
Co-executor will need to check and sign IHT400 and PA1A/P
What must you always ask regarding estate assets?
Debts?
Gifts in the last 7 years?
What is the act in which confessions are excluded under s76 and 78?
Police and Criminal Evidence Act 1984 (PACE)
What can be done if a gift is going to a minor and don’t want there to be a trust?
Parent can give valid receipt
When are two executors needed?
Two administrators?
Never - only one executor is required
Letters of admins with will or letters of admin: Need two where minor or life interests
What happens if a beneficiary reaches age contingency but dies?
As reach age contingency will pass to their estate - share of estate will pass as per their will or intestacy
What should always be put in next steps?
What else should be done where deceased uncertain of assets/values?
Write to X confirming the above advice
Request X to:
-Obtain the exact date of death values relating to all assets in the estate
How do you refer to judges in Supreme Court or CofA?
High court judge?
HC masters?
Circuit judges and recorders? (county)
District judge? (county)
Deputy district judge? (county)
My lord/lady
my lord/lady
judge
your honour
judge
judge
How do you refer to judges :
Magistrates?
District judge?
Circuit judge (crown)?
Recorder (crown)?
HC judge and above?
Your worship ,or sir or madam
Judge
Your honour
Your honour
My lord/lady
