PA A2

Question 1

A woman is buying a retail shop unit and has instructed a solicitor on the purchase. The seller’s replies to enquiries confirm that the seller expanded the unit four years ago by building a small storage room at the rear of the shop. The seller was unable to produce evidence that planning permission was obtained, and neither could they provide a building regulations completion certificate.

The woman’s solicitor tells the woman that there is some evidence that some of the work was not in compliance with building regulations. However, the solicitor is satisfied that the expansion to the building fell within the permitted development rules and so the local authority would have no ground to bring an enforcement action with respect to the additional room.

Is the solicitor correct?

Answer 1

No, because although the local authority has only 12 months to take enforcement action for noncompliance with building regulations, they may seek an injunction to force compliance at any time
(E) The solicitor is incorrect because even if planning permission is not required for building work, a building regulations completion certificate must be obtained from the local authority to confirm that the work has been carried out satisfactorily. Although the local authority has only 12 months in which to bring an enforcement action based on the failure to obtain a certificate, it may seek an injunction to force an owner to bring the property up to standards (if the work was not up to standards) at any time if the work is deemed to be dangerous. (B), (C), and (D) are incorrect because they each state the wrong time period for an enforcement action (it is 12 months and not two years). (B) is also incorrect in that it fails to take into account that an injunction could be issued to enforce compliance. (A) also is incorrect for that reason as well. And (C) has the additional problem that an injunction may be sought at any time.QUESTION ID: PRP217

Question 2

An employee of a logistics company is arrested on suspicion of robbery. The allegation is that the employee was involved in a premeditated, highly organised robbery of goods in transit as they passed through Heathrow airport. The employee is alleged to have been a part of a sophisticated crime organisation. The officer leading the investigation wants to prevent the employee from accessing legal advice whilst they are in custody for a period of 28 hours until the company opens again. The officer suspects the employee receiving legal advice before the 28 hours would lead to interference with evidence. The officer’s superintendent approves of the delay.

Can the employee’s access to legal advice be delayed for 28 hours?

Answer 2

Yes, access to legal advice can be delayed for 36 hours if it is authorised by an officer of the rank of superintendent or above in writing.(D) The employee’s access to legal advice can be delayed for 36 hours if it is authorised by an officer of the rank of superintendent or above in writing. Access to legal advice can be delayed if: (1) the suspect is arrested on an indictable only or either way offence; (2) a police officer of the rank of superintendent or above has authorised the delay in writing; and (3) the officer has reasonable grounds to believe that exercise of the right to legal advice will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence. Consequently, (A) is incorrect. The right can be delayed 36 hours at most, and so (B) is incorrect. Robbery is an indictable only offence and so access can be delayed, and so (C) is incorrect. (E) is incorrect as the delay must be authorised by an officer of the rank of superintendent or above, and chief inspector is lower ranking than superintendent.QUESTION ID: CRP017

Question 3

A woman died five months ago, leaving her entire large estate to charity. She is survived by her partner. They were not married but had been in a relationship for three years. For the past two years, they lived together in the partner’s house. The partner is 56 and has a full-time job. The partner paid the household expenses, as the woman had retired. The partner is bringing a claim against the woman’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’). The woman had no other close relatives.

What is the likely outcome of the partner’s claim?

Answer 3

The partner is unlikely to be awarded a large sum from the estate, as he does not require a sum for his maintenance.(D) The partner is unlikely to be awarded a large sum from the estate as he does not require a sum for his maintenance. When hearing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the court will consider whether the will or intestacy has failed to make reasonable financial provision for the applicant. In the case of unmarried partners, the standard applied is the financial provision required for the partner’s maintenance such that they can live decently and comfortably according to their situation. This is measured objectively. Here, the partner was not financially maintained by the woman; he has a full-time job, owns his house, and paid the household expenses. Consequently, the fact that the woman did not maintain the partner is likely to lead to the partner failing to be awarded a large sum from the estate. (A) is incorrect. Only spouses or civil partners can be awarded a financial sum similar to the sum that they would have received on divorce. This does not apply to unmarried partners. (B) is incorrect. The court will focus on the need of the partner to be maintained rather than the existence of other relatives. (C) is incorrect. Although the length of the relationship is considered, the court’s focus is on the partner’s need for maintenance. (E) is incorrect. The fact that the partner lived with the woman is relevant, but the primary consideration is the partner’s need for maintenance.QUESTION ID: WEA125

Question 4

A law firm writes to all its current and former clients: “When did you last review your will? We will give you a free 30-minute consultation to review your circumstances”. The publicity is successful, and the firm is inundated with more than 200 requests for this consultation. The firm changes its mind and decides to argue that they only intended to offer this free service to the first 100 applicants and that everyone else will need to pay a small fee for the consultation.

Which of the following statements best describes whether the firm will be subject to regulatory action as a result of this change?

Answer 4

The firm is subject to regulatory action because changing the terms is misleading.(A) The solicitor must ensure that any publicity in relation to their practice (including relating to charges) is accurate and not misleading. Advertising free services and then changing terms is inaccurate and misleading. (B) is incorrect because it is an untrue statement. (C) is incorrect because the SRA prohibits all inaccurate publicity. (D) is incorrect because the fact that the publicity is inaccurate and misleading is a breach; this is true even if the applicants decline the consultation and are not harmed in any way. (E) is incorrect because the SRA prohibits inaccurate and misleading advertising even when the targets of the advertising are current and former clients. There is a ‘current or former clients’ exception to the prohibition against unsolicited approaches, but the prohibition against inaccurate and misleading publicity applies to all publicity.QUESTION ID: ETH140

Question 5

A defendant is charged with robbery after stealing a mobile phone from a man on the bus and punching the man in the face in the process.

What type offence is robbery?

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Answer 5

It is indictable only and must be heard at the Crown Court.E) Robbery is an indictable only offence and can be tried only in the Crown Court. (A) is wrong as robbery is not summary only; it is indictable only. (B), (C), and (D) are wrong as robbery is not an either way offence; it is indictable only.QUESTION ID: CRP013
QUESTION ID: CRP013

Question 6

A man made a will five years ago, leaving his assets to various family members. The man’s brother died last year, and the man himself died last month. The man’s brother was married and had a daughter, and his wife and daughter are still alive.

The man’s will included the following provisions:

(1) I give my car to my brother, but if he fails to survive me, then to his daughter.

(2) I give the remainder of my estate to my son.

There are no other relevant clauses.

Which of the following best describes entitlement to the man’s estate?

Answer 6

The brother’s daughter will inherit the car, and the son will inherit the remainder of the estate.(C) The brother’s daughter will inherit the car, and the son will inherit the remainder of the estate. If a beneficiary has predeceased the testator, the gift to them will lapse-that is, fail. However, a gift will not lapse where the will includes a substitutional gift. Clause 1 of the will includes a substitutional gift to the brother’s daughter, if the brother dies before the man. Accordingly, the gift of the car will not lapse, and the car will pass to the man’s brother’s daughter. The son will inherit the remainder of the estate. (A), (B), and (E) are incorrect, as the substitutional gift in clause 1 of the will takes effect, and the man’s brother’s daughter is solely entitled to the car. (D) is incorrect. The death of a beneficiary will not affect the validity of the will itself.QUESTION ID: WEA051

Question 7

A testator recently died. In his will, he left £20,000 with the trustees of a private members’ society, of which the testator had been a member, with directions to maintain his tomb after his death for as long as there should be funds available to do it. He instructed that the tomb should be kept in good repair, that his name should be legible on the headstone, and that it should be rebuilt if required. The family of the testator have challenged the validity of the bequest.

Which of the following is the best ground on which the bequest can be challenged by the family?

Answer 7

The disposition is void as, at least in theory, the tomb could be maintained forever.E) The most viable ground on which the bequest can be challenged is that the disposition is void as, at least in theory, the tomb could be maintained forever. Noncharitable purpose trusts, such as trusts for the maintenance of tombs, may not continue beyond the perpetuity period of 21 years. Here, the testator did not include any language limiting the duration of the trust. Although he said it should last for as long as there are funds available, this language is not sufficient because the £20,000 could theoretically last longer than 21 years. (A) is incorrect because, although it is true that the private members’ society is not a charitable entity, the trustee of a noncharitable purpose trust does not have to be a charitable organisation. (B) is incorrect because it is clear what the testator meant by the maintenance of his tomb. (C) is incorrect. Noncharitable purpose trusts are valid despite the fact that there is no beneficiary to enforce the trust. This trust fails because it is not limited to the perpetuity period. (D) is incorrect because there is certainty of subject matter; it is clear that the testator wanted the full £20,000 to be used for the maintenance of his tomb.QUESTION ID: TRU131

Question 8

A defendant is charged with murder. He makes an application for bail, but the prosecution object.

Which of the following statements about the defendant’s bail application is correct?

Answer 8

The presumption is against granting release on bail.(B) The presumption is against granting release on bail. Although defendants generally have a right to bail, the presumption is reversed for defendants charged with murder-the presumption is against release instead of in favour of release. (A) is incorrect because bail applications for charges of murder can be heard only by a Crown Court judge. (C) is incorrect because murder suspects can be granted bail. A defendant charged with murder can be granted bail if there is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another person. (D) is incorrect because, although rare, both the prosecution and defence can call witnesses at a bail hearing. (E) is incorrect because a defendant charged with murder does not have a general right to bail.QUESTION ID: CRP126

Question 9

A man attended a solicitor’s office with a document granting the man a right of way over his neighbour’s property, title to which is unregistered. After examining the document, the solicitor concluded that it created a legal easement.

What must the solicitor do to protect the man’s legal easement?

Answer 9

Nothing, as legal easements on unregistered land bind the world and do not require any further steps for protection.(A) The solicitor need not do anything because under the unregistered land system, legal interests bind subsequent purchasers of land encumbered by the legal interests whether or not the purchaser has notice of the legal interest. (D) would be correct if the solicitor concluded that the document did not create a legal easement. In the unregistered land system, an equitable easement (such as a right of way) must be registered as a land charge to be enforceable against subsequent purchasers. (B) is incorrect both because the interest is an easement and not a covenant and because, as explained above, the man need not take any action to further protect the legal easement. (C) and (E) are incorrect because a property will have a charges register or a property register only if it is in the registered system, and the facts indicate the property here is unregistered. QUESTION ID: LAN117
QUESTION ID: LAN117

Question 10

A testator appointed a trustee and declared a trust of his residuary estate for his wife for life, with a direction that such part of it that is not needed by his wife shall be held in equal shares for his children.

Is this trust valid?

Answer 10

The trust is partly void for uncertainty of subject matter because it is not clear what part is to be held for the children.(B) The trust is partly void for uncertainty of subject matter because it is not clear what part of the residuary estate is to be held for the children. It must be clear what property is to be bound by the trust, and “such part of it that is not needed by his wife” is too uncertain to create a trust. (A) is therefore incorrect. (C) and (D) are incorrect because certainty of intention requires merely that the settlor intends to create a trust. Here, it is clear that the testator intends to create a trust. (E) is incorrect because trust beneficiaries can be identified by their names or by reference to a concept which defines the class of beneficiaries. “Children” is a concept that can be objectively defined, and it satisfies the certainty of objects.QUESTION ID: TRU122

Question 11

A defendant is charged with section 20 grievous bodily harm and is standing trial in the Crown Court.

Which statement correctly sets out the burden and standard of proof?

Answer 11

The prosecution bears the burden of proof to prove all elements of the offence beyond reasonable doubt.(A) The burden of proof is on the prosecution for all elements of the offence beyond reasonable doubt. The defence does not bear the burden of disproving any element of the offence, and so (B), (C), (D), and (E) are incorrect. QUESTION ID: CRP063

Question 12

A convenience store was burglarised at night. The burglary was caught on the store’s CCTV, which the store’s owner watched. Whilst the footage is poor quality, the owner recognises the perpetrator as being a former employee who stopped working at the store a few weeks ago. The police interview the former employee, who denies the offence.

Should an identification procedure be arranged?

Answer 12

No, because the suspect is known to the witness.(C) An identification procedure should not be arranged. There is no merit in carrying out an identification procedure here, as the suspect is known to the witness. The witness has seen the suspect recently-he stopped working at the store a few weeks ago-and so will be able to pick the suspect out at an identification procedure. The quality of the footage being poor means the witness may be mistaken in their assertion that it is the former employee; conducting an identification procedure will not redress this issue, and so (A) and (E) are incorrect. (B) is incorrect as identification procedures are not simply held to identify the suspect; they can also be held to test or bolster the witness’s identification. (D) is wrong as, whilst the witness may be mistaken, conducting an identification procedure will not redress this.QUESTION ID: CRP010
QUESTION ID: CRP010

Question 13

A woman died last month. Her valid will appointed her sister as her executor, but she died several years ago. The will leaves £5,000 to her favourite charity and the rest of her estate to her three children, provided they reach the age of 21. The woman was survived by her husband and her three sons, aged 25, 22, and 18. All are keen to administer the woman’s estate.

Which of the following best describes who is eligible to administer the woman’s estate?

Answer 13

The 25-year-old and 22-year-old sons have better eligibility to administer the estate than the 18-year-old son.(C) The 25-year-old and 22-year-old sons have better eligibility to administer the estate than the 18-year-old son. The woman left a valid will, but, due to the death of her sister, it fails to appoint an executor who can administer her estate. Consequently, the woman’s estate will be administered by an administrator (rather than an executor) under a grant of letters of administration with will annexed. The order of entitlement to a grant of letters of administration with will annexed is set out in rule 20 of the Non-Contentious Probate Rules (‘NCPR’). Under this rule, her sons, as the residuary beneficiaries of the will, have the best entitlement of the surviving relatives to administer the estate. However, when there is more than one person of equal rank, but one has a vested interest and one has a contingent interest in the estate, the court generally prefers an application by the vested interest beneficiary. Here, the 18-year-old son has only a contingent interest, as he is not yet 21, and so an application from one of the older sons will be preferred. (A) is, therefore, incorrect. The three sons are not equally eligible to administer the estate. (B) is incorrect. The husband is not a beneficiary of the will, and so he does not have the best entitlement to act as administrator under rule 20 NCPR. (D) is incorrect. The 25-year-old and 22-year-old sons are equally entitled because they have both reached age 21. (E) is incorrect. Under rule 20 NCPR, the woman’s sons have the best entitlement to act as administrators.QUESTION ID: WEA100

Question 13

A man is purchasing a property which has a large annex in the back garden. The Property Information Form indicates the annex was built three years ago by the current seller. The property is in a conservation area. The seller did not obtain planning permission to build the annex.

Can the local authority take enforcement action against the buyer after the purchase completes?

Answer 13

Yes, planning permission would have been required and the local authority can take enforcement action against the current owner of a property, even if the work was carried out by a previous owner.(B) Yes, the local authority can take enforcement action against the current owner even if a previous owner has breached the planning rules. The property is in a conservation area so planning permission would have been required, the work was only done three years ago, and so the local authority have one more year to take enforcement action (they have a total of four years in which to do so). (A) is incorrect. The local authority can take enforcement action against a current owner. (C) is incorrect because it talks about building regulation rather than planning permission. Building regulations are a series of statutory standards in place to ensure that new buildings and constructions are built soundly. Building regulations are linked to building work but are separate from planning permissions. (D) is incorrect. The one-year enforcement period relates to lack of building regulation consent and not to lack of planning consent. (E) is incorrect because the enforcement period is four years and not two. QUESTION ID: PRP102

Question 14

A solicitor is acting for a man who is selling his property. The solicitor learns that the man’s property is in mortgage to a bank and that the man still owes approximately £16,000 on the mortgage. Title to the property is unregistered.

How will the man’s solicitor obtain evidence of the title to the land?

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Answer 14

The solicitor will request the title deeds from the bank and will give an undertaking not to release them pending redemption of the mortgage.(E) To obtain evidence of title, the solicitor will request the title deeds from the bank and will give an undertaking not to release them pending redemption of the mortgage. As title to the land is unregistered, the bank will hold the unregistered title deeds as security for the loan. There is money outstanding on the mortgage, so the bank will require an undertaking for safekeeping of the title deeds until the mortgage is paid off out of the sale proceeds. (A) is incorrect. The solicitor will not be in a position to apply for voluntary first registration without first obtaining the title deeds from the bank. (B) is incorrect. Asking the lender to provide a photocopy of the deeds is not usual conveyancing procedure. (C) is incorrect. It is the undertaking which protects the bank’s interest. A C(i) land charge protects a second or subsequent charge, which is not relevant in this case. (D) is incorrect. The title is unregistered, accordingly there is currently no register of title available.QUESTION ID: PRP216

Question 15

On 1 July 2022, a woman made a cash gift of £2,500 to her sister. On 1 May 2023, she made a cash gift of £2,000 to a friend. On 1 June 2023, she made a cash gift of £50,000 to a discretionary trust. The woman has not made any other lifetime gifts.

What is the gross chargeable transfer value for inheritance tax purposes of the gift made to the trust after taking account of all available exemptions?

Answer 15

£48,500(A) £48,500. The annual exemption is set against potentially exempt transfers, even if they never become chargeable. The annual exemption is offset against the earliest gift in the tax year automatically. The 2023/24 annual exemption (£3,000) is therefore reduced by the amount given to the friend (£2,000), as this was before the gift to the discretionary trust (£50,000). The current year’s annual exemption (£3,000) must be offset prior to the offset of any brought forward amounts (£500, as the woman would have used £2,500 of the prior year’s annual allowance to offset the gift to her sister). (No small gift exemption would apply because it is available only if the entire gift is £250 or less.) Therefore, the gross chargeable transfer value is £50,000 (the gift to the discretionary trust) less £1,000 (the remaining 2023/24 annual exemption after the gift to the friend) less £500 (the annual exemption from the previous year left after the gift to the sister), which equals £48,500.

Question 15

A solicitor works at a firm which exclusively handles conveyancing matters. One of the solicitor’s clients has been charged with robbery and asks the solicitor to assist him in finding a solicitor to handle that case. The solicitor knows of an old schoolmate who is a solicitor at a different firm which handles criminal matters. The solicitor rings the schoolmate and discovers that she is ideally suited to handle the client’s robbery case. The solicitor and schoolmate agree in writing that the schoolmate will pay the solicitor 10% of the fee from the robbery case in exchange for the referral. The solicitor explains the fee sharing arrangement to the client. The client agrees, and the solicitor eventually receives 10% of the fee from the client’s robbery case.

Did the solicitor breach the SRA Code of Conduct for Solicitors, RELs and RFLs?

Answer 15

Yes, because the referral was in respect of a client who was the subject of a criminal proceeding.(C) The SRA Code of Conduct for Solicitors, RELs and RFLs provides that a solicitor must not receive or make payments relating to a referral or introduction in respect of clients who are the subject of criminal proceedings. Because the client here is subject to a criminal proceeding, the solicitor should not have accepted the payment in exchange for the referral. (A) is incorrect because personal injury cases are not the only area where referral fees are prohibited; a solicitor also must not receive or make payments relating to a referral or introduction with respect to clients who are the subject of criminal proceedings. (B) is incorrect; whilst this choice states the requirements for permitted fee sharing arrangements, the arrangement here is prohibited because the client is subject to a criminal proceeding. (D) is incorrect because receiving the payment is a breach of the Code. (E) is incorrect because it is too broad; payments with respect to referrals are not prohibited with respect to every type of matter.QUESTION I

Question 16

A fund is held on trust by two trustees. They decide to sell some of the trust investments and place the proceeds in the trust bank account pending reinvestment. The account permits either trustee to withdraw funds. One of the trustees withdraws the money from the bank and disappears.

Which of the following best describes the liability of the remaining trustee?

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Answer 16

The trustee is liable because the trustee failed to retain control of the trust property.D) The remaining trustee is liable because he has failed to retain control of the trust property. A trustee is not vicariously liable for the actions of their co-trustee (making (E) incorrect) but is liable for loss caused by their own breach of trust. Trustees must act jointly and must keep the trust property in their joint control. This trustee is in breach of trust because they should have ensured that the bank account required the consent of both trustees to the withdrawal of funds. (A) is incorrect because the trustee has committed a breach. (B) is incorrect because joint and several liability applies when it has been established that more than one trustee is in breach. (C) is incorrect because both trustees are in breach, and they are jointly and severally liable to make good the loss to the beneficiaries. As between trustees who are in breach, a non-fraudulent trustee may claim an indemnity against the fraudulent trustee, but this does not affect liability to the beneficiaries

Question 17

Question
A woman owns a large piece of land. She sells half of the land to a man. The transfer includes a covenant that neither the man nor any of his successors in title will use the land as anything other than a private dwelling. Two years later, the woman licences her remaining land to a licensee. Six months later, the man opens a furniture shop on his land.

Can the licensee enforce the covenant against the man at common law?

Answer 17

No, because the licensee does not hold a legal estate in the land like the woman does.D) The licensee will not be able to enforce the covenant against the man because the licensee does not hold the same legal estate in the land. The woman had a legal estate when the covenant was made. The benefit of a covenant will be enforceable by a covenantee’s successors in title as long as: (1) the covenant touches and concerns the land of the covenantee; (2) the covenant was intended to run with the legal estate held by the covenantee; (3) at the time the covenant was made, the covenantee held the legal estate in the land to be benefited; and (4) the assignee of the original covenantee now holds the legal estate. Here, the licensee does not hold the legal estate of the original covenantee (the woman) because the woman has only created a licence. This is insufficient to enforce the benefit of the covenant against the man. (A) and (B) are incorrect because, as explained above, the licensee is not a successor in title to a legal estate from the woman and therefore cannot enforce the benefit of the covenant against the man. It is irrelevant that the licensee is seeking to enforce against the original covenantor, because the licensee is not entitled to enforce the benefit against the man. (C) is incorrect because the licensee is not a successor in title of a legal estate from the woman and therefore will not be able to enforce the covenant regardless of whether the action is at law or in equity. (E) is incorrect because the covenant does ‘touch and concern the land,’ since it is related to how the land can be used. This is one of the requirements for a successor in title to enforce the benefit of a covenant, but, as explained above, the licensee is not a successor in title and so cannot enforce the covenant.

Question 18

A man wishes to borrow money to invest in his business. His bank lends him the money and grants a mortgage by deed. The bank agrees to take a second legal charge over the man’s home which will rank behind a charge in favour of the man’s Building Society. The title to the property is registered.

Which of the following best describes how the interest of the bank should be protected?

Answer 18

The bank should register a second charge on the charges register of the title.A) The bank should protect its interest by registering a second charge on the charges register of the title. The charges register indicates any encumbrances which affect land, for example, covenants or mortgages. If title to land is registered, as here, a mortgagee will register their charge and it will appear on the charges register. (B) is incorrect because this is how the bank would protect their charge if the title were unregistered (a C(i) puisne mortgage). Here, title is registered and so the bank should register a second charge on the charges register. (C) is incorrect because, as explained above, the charge will appear on the charges register. The property register denotes the address of the property, whether the title is freehold or leasehold, and any rights benefitting the property. (D) is incorrect because the bank does not have an equitable mortgage. An equitable mortgage may arise if the parties fail to use a valid deed. (E) is incorrect because no such automatic charge will arise under statute. As explained above, the bank must protect their interest by registering a second charge on the charges register.Q

Question 19

An elderly woman died last year, leaving an estate worth £750,000 to various friends and relatives in her valid will. The woman’s will appoints her sister as the executor. Although the woman died nearly a year ago, the sister has taken no steps to apply for a grant or administer the estate, and she says that she is too busy to do so. The woman’s children are the main beneficiaries and are keen to see the administration of the estate progress.

What is the best course of action for the woman’s children to take to ensure that the administration of the estate can progress?

Answer 19

Seek a citation to accept or refuse a grant.(D) The children’s best course of action is to seek a citation to accept or refuse a grant. A citation to accept or refuse a grant is used to clear off a person, such as the woman’s sister, with a prior right to any type of grant who has not applied for a grant and shows no intention of doing so. If the sister does not then apply for a grant, the children can apply for a grant instead. (A) is incorrect. A caveat is used to stop the issue of a grant, rather than force this. (B) is incorrect. This would not be an appropriate order to seek as the sister has said she is unable to administer the estate, and she cannot be forced to act as executor. (C) is incorrect. A citation to take probate is not appropriate here. It is used when the named executor has already lost their right to renounce probate, having intermeddled in the estate. Here, it is apparent that the sister has taken no steps in relation to the estate administration and so would not have lost the right to renounce probate. (E) is incorrect. The children cannot seek a grant of probate themselves, as they are not the executors named in the will.Q

Question 20

A woman’s will leaves £8,000 to a beneficiary, who is also one of two executors. There is very little cash within the estate, but the woman owned a large quantity of valuable jewellery, which is not left to any specific beneficiary. The executors decide that it would be best for the executor-beneficiary to receive a ring which is worth £8,000 instead of the cash gift. The will contains no provisions on appropriation.

Which of the following statements best sets out the legal position in relation to this situation?

Answer 20

The ring is not a permissible alternative gift.(E) The ring is not a permissible alternative gift. The executors have the power of appropriation. This means that they can use an alternative asset to satisfy a legacy or interest in the estate, provided no specific beneficiary is affected. However, unless the will provides otherwise, it is not permissible for a PR to make an appropriation in their own favour to satisfy a pecuniary legacy with an asset other than cash or the equivalent of cash, such as government stocks or quoted shares. Here, the gift to the executor-beneficiary is a pecuniary gift of £8,000. Since the will is silent regarding appropriation, the executors cannot substitute the ring for the cash gift, and instead need to use an asset that is a cash equivalent. (B) is therefore incorrect. (A) is incorrect. The power of appropriation does apply to beneficiaries who are also executors, but it is subject to the limitation previously explained. (C) is incorrect. The ring is not a valid appropriation in this case. (D) is incorrect. The beneficiary would retain his entitlement if the alternative gift is refused.

Question 21

A retailer is granted a 20-year lease on a shop on 1st January. The premium payable is £400,000, annual rent payments are £3,000, and the net present value of the rent payable is £145,000. Assume the applicable stamp duty land tax rates at the time the lease was entered were:

• 0% to £150,000
• 2% £150,001 to £5 million

What is the SDLT payable by the retailer on the grant of the lease?

Answer 21

£5,000(D) £5,000. SDLT is due on both the premium and the present value of the lease, although these are calculated separately and not as a lump sum. Thus, the SDLT on the premium is 2% on the amounts above £150,000. As the premium was £400,000, £250,000 would be taxed at 2% = £5,000. We use the net present value of the lease payments to calculate tax on them (rather than the total actual lease payments). The net present value of the lease payments was £145,000. As that entire amount falls within the 0% band, no tax is owed on the lease payments. Thus, only £5,000 SDLT is owed.QUESTION ID: TAX173

Question 22

A witness saw an argument between a husband and wife that took place in the street. During the course of the argument, the wife scratched the husband’s face, and she was duly charged with causing actual bodily harm. The prosecution have warned the witness to attend court. The witness does not want to come to court to give evidence, as she thinks the prosecution is a waste of time and she has to be at work at the time of the court hearing. She provided a written statement to the police at the time of the incident.

If the witness fails to attend court, can this written statement be adduced as evidence?

Answer 22

No, because there is no significant reason why the witness is not able to attend.(D) The written statement cannot be adduced as evidence because there is no significant reason why the witness is not able to attend court. Hearsay is a statement made outside of court, which is adduced to prove the truth of its content. A written witness statement is therefore hearsay, and so (A) is incorrect. Hearsay can be admissible if a witness is not available. A witness is considered unavailable if they are dead or if they are outside of the UK and it is not reasonably practicable to secure their attendance. Here, needing to work and thinking the prosecution unimportant will not satisfy the requirement for witness unavailability, and so (C) is incorrect. Res gestae is also a category of admissible hearsay, and it refers to a situation where a witness was so emotionally overpowered by the events at the time of making the statement that concoction can be disregarded (think of the content of a panicky 999 call, for example). Here, there is no suggestion of the witness being emotionally overpowered at the time of making the statement, and so (B) is incorrect. (E) is incorrect because, as explained above, a witness statement can be adduced as evidence in court if a witness is unavailable.QUESTION ID: CRP015

Question 23

A woman is in a café with her friend drinking coffee. A stranger comes over and tries to join in their conversation. When he is ignored, the stranger starts nudging the friend’s arm with increasing determination. He then pushes the friend forcefully and she falls over. The woman punches the stranger hard in the face.

Which of the following best describes whether the woman can rely on self-defence for punching the stranger in the face?

Answer 23

She can rely on self-defence if she believed force was necessary, and the amount of force was reasonable in the circumstances as she believed them to be.(B) The woman can rely on self-defence if she believed force was necessary, and the amount of force was reasonable in the circumstances as she believed them to be. There are two limbs to the defence of self-defence. The first is the trigger: Did the defendant believe the use of force was necessary? This is a subjective test. For this reason, (D) and (E) are incorrect, as they list the trigger test as being objective. The second limb of the test is the response: Was the amount of force used reasonable in the circumstances as the defendant believed them to be? This part of the test is objective. For this reason, (A) is incorrect, as it lists the response as being subjective. (C) is incorrect as self-defence can be used in protection of oneself, another, or property.QUESTION ID: CRL133

Question 24

A man has driven over his neighbour’s driveway to gain access to the public highway for the last 25 years. The title to the man’s land does not contain reference to the use of his neighbour’s driveway. Every couple of years, the man has asked his neighbour if it is okay to continue to do so in the interests of being neighbourly and friendly. The man has made a contribution to the upkeep of the neighbour’s driveway two or three times during the period of his use and has made intermittent payments to the neighbour over the years as a goodwill gesture. The neighbour recently died and his son has told the man that he can no longer use the driveway.

Which of the following statements best describes the man’s legal position?

Answer 24

The man has no legal right to use the driveway and has not acquired a right to use it by prescription.(E) The man has no legal right to use the driveway and has not acquired a right to use it by prescription. The man’s title does not contain a right-of-way and so he has no legal right-of-way. A prescriptive right of use arises by a use as of right for more than 20 years. The man has used the driveway for more than 20 years, but not as-of-right, which means without permission. Here, the facts make clear that the man regularly sought permission and has made payment. Therefore, no prescriptive right arose and (A) is incorrect. (B) is incorrect for the same reason – the right-of-way being discussed would be an easement and it can be granted expressly, implied under certain circumstances not applicable here, or gained through prescription, using the same rules just discussed (used as of right for at least 20 years). The man’s title does not include an easement and he did not meet the requirements for prescription. (C) is incorrect, as nothing in the facts gives the man a right to demand a deed of easement, though he may request one. (D) is incorrect. A right-of-way would be acquired by prescription. A licence is a personal right to do something on land of another, which is not relevant to this question.

Question 24

A defendant was on trial for robbery. The prosecutor wanted to introduce bad character evidence of one of the defence’s witnesses. The prosecutor could not show that this was important explanatory evidence. However, the prosecutor could show that the evidence was relevant, but not that it was of substantial importance in the context of the case as a whole. When the defence objected to the admission of the evidence, the prosecution was able to prove that the evidence had substantial probative value in relation to a matter which is a matter in issue in the proceedings.

Will the evidence be admitted?

ResponsesPress Enter or Space to submit the answer

Answer 24

No, because none of the requirements to admit a non-defendant’s bad character evidence were met.(C) is the best answer. The grounds for adducing a non-defendant’s bad character evidence are: (1) all parties to the proceedings agree to the evidence being admissible; (2) it is important explanatory evidence, or (3) it has substantial, probative value in relation to a matter which is a matter in issue in the proceedings and is of substantial importance in the context of the case as a whole. Here, the facts of the question do not show that any of the requirements to adduce a non-defendant’s bad character evidence have been met. (A) is incorrect. While a finding that a non-defendant’s bad character evidence is important explanatory evidence is a ground for admittance, it is not definitive in determining admittance. Thus, this is not the best answer choice. (B) is also incorrect because parties disagreeing to the admittance of non-defendant’s bad character evidence is not definitive in determining admission. Thus, this was not the best answer choice. (D) is incorrect because none of the three grounds to admit a non-defendant’s bad character evidence were met. (E) is incorrect because prosecution has to prove that the evidence had substantial probative value in relation to a matter which is a matter in issue in the proceedings and is of substantial importance in the context of the case as a whole for the evidence to be admitted. QUESTION ID: CRP200

Question 25

The title to Blackacre is registered at His Majesty’s Land Registry. There are three registered charges on the charges register: the first registered in July 2011, the second registered in August 2014, and the third registered in November 2016. All three charges are residential mortgages using standard mortgage deeds. The registered proprietor has stopped making payments to the lender with the second charge but has kept up his payments on the other two mortgages.

Which of the following best describes the position of the second lender?

Answer 25

It can take possession proceedings but will have to discharge the mortgage in favour of the first lender out of the sale proceeds before it can pay off its own mortgage.(D) The lender with the second charge may take possession proceedings but will have to discharge the mortgage in favour of the first lender out of the sale proceeds before it can pay off its own mortgage. When a legal mortgage is entered on the register of title, it will have priority over any interest whose priority is not protected when the mortgage is registered. Here, the mortgages have priority in order of their registration on the register of title. Thus, due to the doctrine of priority of mortgages, the second lender must pay off the prior charge of the first lender out of the sale proceeds first. (A) is incorrect because the second lender may take possession proceedings without notifying or allowing the first lender to do so first. However, as explained above, the second lender must discharge the first lender’s mortgage out of the sale proceeds before paying off its own mortgage.(B) is incorrect because, as explained above, the second lender cannot pay itself first out of the sale proceeds due to the doctrine of priority of mortgages. (C) is incorrect because the second lender needs to satisfy only the first lender’s mortgage out of the sale proceeds before its own. The third lender’s mortgage ranks behind the second lender’s in priority. If there are any sale proceeds left once the first lender and the second lender have been paid off, this will be paid to the third – but the second lender does not have to pay them out of the proceeds first. (E) is incorrect because, as explained above, priority of mortgages requires that the sale proceeds are applied in the order that the charges were registered, with the first lender being first in line.

Question 25

A solicitor acts for the executors of an estate. Whilst administering the estate, the executors have found £300 in the house of the deceased and send it to the solicitor.

Which of the following correctly describes the entries to record the receipt of the £300?

Answer 25

Debit cash account - client side; Credit client ledger - client side(A) The executors are the firm’s client, therefore any money sent to the firm is client money. It must, therefore, be shown as a credit entry on the client side of the client ledger, and the corresponding entry would be a debit on the cash account - client side, as it is money that the firm now owes to the client. (B), (C), and (D) are incorrect, as you are placing the money in the client account and so you must credit the client ledger, not the business account, and as the money is now a debt that is owed by the firm to the client, you must debit the cash account - client side. (E) is incorrect, as the solicitor is not taking money from the client account (debit client ledger); they are placing money in the client account.

Question 26

A father gave his daughter £20,000 as a deposit towards the purchase of a house.

Which of the following best states the legal position with regard to the £20,000?

ResponsesPress Enter or Space to submit the answer

Answer 26

The £20,000 is presumed to be an advancement for the daughter.(B) The £20,000 is presumed to be an advancement for the daughter. Generally, when two people contribute to the purchase of property but the property is in one person’s name alone, it is presumed that the person holds the property on trust for themselves and the other person in proportion to their respective contributions. However, this presumption of resulting trust does not apply when the person providing the money is treated as being under a moral obligation to make financial provision for the other person, such as the case of father-child relationships. Instead, the presumption of advancement applies, and it is presumed that the father intended to make a gift to his child. (A), (C), and (D) are therefore incorrect. (E) is incorrect because the father is presumed to provide the money as an advancement for his daughter and not to maintain any beneficial interest in the property purchased with it. QUESTION ID: TRU115

Question 26

A student approached a reputed drug dealer to purchase cannabis, although the student knew it was a crime to possess or smoke cannabis. The student bought a ‘cannabis cigarette’, which was in fact only an ordinary tobacco cigarette, from the drug dealer. As the student left the drug dealer’s presence, he lit the cigarette, whereupon he was immediately arrested by a police officer who was keeping an eye on the dealer.

If the student is charged with attempt to possess cannabis, what should be the outcome?

Answer 26

The student should be found guilty, because he did acts that were more than preparatory in order to obtain an illegal drug.(D) The student can be convicted of an attempt to be in possession of cannabis. A person commits attempt when he does something more than merely preparatory toward the commission of an underlying crime. Here, possession of cannabis is illegal, and the student did something more than preparatory; he actually purchased what he thought was a cannabis cigarette. (A) is incorrect. Factual impossibility-that it was physically impossible to complete the crime intended under the factual circumstances-is not a defence to attempt. Legal impossibility (that doing everything intended is not a crime) is a defence. Here, had the circumstances been as the student believed them to be-that is, had the cigarette contained cannabis-the student would be guilty of the substantive offence. Thus, impossibility is not a defence in this case. (B) is incorrect because all attempt crimes are specific intent crimes, not strict liability crimes. Thus, whether the underlying drug offence in question here was a strict liability crime is irrelevant. (C) is incorrect because for attempt what matters is what the defendant intended to do, not what he actually achieved. (E) is incorrect. It is not necessary for there to be more than one officer or piece of evidence for a conviction. No corroboration is required

Question 26

A solicitor is representing two defendants, a rideshare driver and a bouncer, at trial. They are jointly charged with grievous bodily harm (‘GBH’). Until the day of trial, both defendants have accepted being at the scene of the offence but claimed they were acting in self-defence. Neither wants to give evidence, so their instructions have been to put the prosecution to proof. On the day of trial, the driver tells the solicitor that the bouncer was the main perpetrator and that, whilst the driver was acting in self-defence, the bouncer was not. The driver wants to give evidence to this effect.

What should the solicitor do?

Answer 26

Cease to act for both defendants.(A) The solicitor should cease to act for both defendants. A conflict has arisen between the driver and the bouncer, as the driver alleges the bouncer was the main perpetrator. The solicitor can no longer represent both, and so (E) is incorrect. The solicitor will have taken instructions from both defendants in advance of trial, and so to continue to act for either defendant in these circumstances would lead to a breach of client confidentiality. The solicitor cannot continue to act for either party, and so (B), (C), (D), and (E) are incorrect

Question 27

In 2013, a settlor transferred funds to trustees on trust for his two grandsons in equal shares provided they attain the age of 25. The trust instrument contains no express powers. The elder grandson is now 21 and has asked the trustees to give him some of the capital to help set up a business. The younger grandson is 17. The settlor is still alive and has given consent to an advancement.

May the trustees comply with the grandson’s request?

Answer 27

Yes, they have power to advance up to half the grandson’s presumptive share.(C) The trustees have power to advance up to half the grandson’s presumptive share. Where a beneficiary has an interest in the capital of a fund, the trustees have power to advance capital for the beneficiary’s advancement or benefit. Where the trust was created before 1 October 2014, the amount advanced must not exceed half of the beneficiary’s vested or presumptive share. (A) is incorrect because the power to advance capital applies where a beneficiary has an interest in capital, whether that interest is vested or contingent. (B) is incorrect because once the trust has been created, the settlor retains no control over the actions of the trustees. (D) is incorrect because the power requires the trustees to obtain the consent of a beneficiary with a prior interest in the income. The younger grandson does not have a prior interest in his brother’s share of the capital and so his consent is not required. (E) is incorrect because the power to advance up to the full share of the beneficiary only applies to trusts created on or after 1 October 2014

Question 28

An unmarried couple consult their solicitor about buying a house together. They tell their solicitor that one party is going to contribute 75% of the purchase price. The other party will contribute the remaining 25%.

Which of the following best describes the advice that the solicitor will give as to the legal and equitable interests of the parties in the property?

Answer 28

They should hold the legal estate as joint tenants on trust for themselves as beneficial tenants in common in the shares in which they contributed to the purchase price.C) The couple should hold the legal estate as joint tenants on trust for themselves as beneficial tenants in common in the shares in which they contributed to the purchase price. Co-owners must own the legal estate as joint tenants, but the beneficial interest may be held as joint tenants or tenants in common. A tenancy in common is appropriate when the parties, as here, contributed in unequal portions to the purchase price. (A) is incorrect because while it correctly states that the legal estate will be held as joint tenants, a joint tenancy of the beneficial interest is not appropriate as the couple has contributed to the purchase price in unequal shares. (B) is incorrect because a tenancy in common in equal shares will not be appropriate as the parties are contributing in unequal shares to the purchase price. (D) and (E) are not correct as the legal estate can only be held as joint tenants.QUESTION ID: LAN006

Question 29

A defendant appears in the Magistrates’ Court charged with actual bodily harm (‘ABH’) alongside her co-defendant who is charged with robbery. Both defendants intend to plead not guilty, as they both allege they were not at the scene of the offences at the relevant time.

Which of the following best describes where the trial for the defendant charged with ABH will take place?

Answer 29

The Magistrates’ Court must send the case to the Crown Court.(C) The Magistrates’ Court must send the case to the Crown Court. The defendant is charged with ABH, which is an either way offence. As the co-defendant is charged with an indictable only offence alongside her either way offence and they appear in court on the same occasion, the ABH charge must be sent to the Crown Court. (A) is incorrect as ABH is either way. (B) is incorrect as it does not take into account that the co-defendant is charged with an indictable only offence. (D) is incorrect as the court does not have any discretion. (E) is incorrect as the defendants do not have any say.

Question 30

A buyer and seller are ready to exchange contracts for the sale and purchase of a property. Their solicitors have agreed to use the Contract Incorporating the Standard Conditions of Sale (5th edition - 2018 revision), unamended. The solicitors also agree to use the Law Society formulae for exchanging contracts by telephone. The buyer’s solicitor has indicated that she will be going on holiday in two weeks and has limited time available before then. She suggests an exchange using Formula A and the seller’s solicitor agrees.

How will the solicitors effect exchange of contracts?

Answer 30

Prior to exchange, the buyer’s solicitor will send the contract signed by the buyer to the seller’s solicitor, along with the deposit. The seller’s solicitor will confirm both contracts are the same over the telephone, insert the exchange and completion dates in both, and send the part signed by the seller to the buyer’s solicitor.(A) Formula A is used when the solicitors think it is prudent for one solicitor to hold both contracts on exchange. Here, the buyer’s solicitor has limited availability, so under Formula A, the buyer’s solicitor will send the contract signed by the buyer to the seller’s solicitor, along with the deposit. The seller’s solicitor will confirm both contracts are the same over the telephone, insert the exchange date in both, and send the part signed by the seller to the buyer’s solicitor. (B) is incorrect because it describes a Formula B exchange - where each solicitor holds their own client’s part of the contract, confirms they are the same, and then sends it. Since the buyer’s solicitor will have limited time here, the facts provide that the solicitors did not agree this type of exchange. (C) is incorrect both because it describes a Formula B exchange, as just explained (where each solicitor holds their own client’s contract), and because under the unamended Standard Conditions of Sale, the seller’s solicitor will hold the deposit funds. (D) is incorrect because none of the formulae for exchange require both solicitors to send their client’s contract to the other solicitor before effecting exchange of contracts. (E) is incorrect because whilst it generally describes a Formula A exchange, as with the previous choice, under the unamended Standard Conditions of Sale, the seller’s solicitor will hold the deposit.

Question 30

A woman is purchasing a residential property. Her solicitor is reviewing the contract package. The woman asks her solicitor to confirm that the property is connected to the public water supply.

How will the woman’s solicitor find out the information which is of interest to their client?

ResponsesPress Enter or Space to submit the answer

Answer 30

The drainage and water search.(D) The drainage and water search is an enquiry sent to the local water company to determine whether the property is connected to a public foul drainage system and the public water supply. Such a search is carried out on every purchase, whether the property is commercial or residential. (A) is incorrect because the drainage and water search is not part of the local search. There are two parts to a local search: a search of local registrations that might burden the land and enquiries to the local authority regarding information with respect to issues including roads, public rights of way, and planning. The local search may also include additional, optional enquiries. (B) is incorrect because there is no such thing as a ‘water search’; the relevant search is known as a ‘drainage and water search’. (C) is incorrect because an environmental search is an electronic database search that a solicitor may perform from their office to determine whether the property is likely to have been contaminated by hazardous wastes in the past (because if it was, the buyer could be liable for clean-up costs in the future). (E) is incorrect because a commons registration search is an optional search which is performed when the property appears to abut common land or a town or village green to determine whether use of the property is restricted or burdened by its proximity to public land.

Question 31

A woman recently died and under the terms of her valid will left her estate to trustees to hold on trust to be divided equally between “my nieces when they reach 25 years”. One of the nieces has been missing for two years. The trustees instruct a solicitor to determine whether the trust is valid.

Which of the following statements provides the best advice regarding the validity of the trust?

Answer 31

The trust is valid because the trustees can draw up a complete list of the deceased’s nieces.(D) The trust is valid because the trustees can draw up a complete list of the deceased’s nieces. The beneficiaries (or ‘objects’) of a trust must be defined with sufficient certainty. The test for certainty of objects in a fixed trust is that it must be possible to draw up a complete list of all the beneficiaries. The class of nieces is conceptually certain as it is possible to define clearly who is a niece, and so it is possible to draw up a complete list. Therefore, the test is satisfied. The fact that the whereabouts of one of the nieces is not known does not mean the trust is invalid. The trustees can apply to the court in respect of the missing niece and the distribution of the trust fund. (A) is, therefore, incorrect. (B) is incorrect because ‘nieces’ is conceptually certain, and so it is possible to identify the beneficiaries by this description. (C) is incorrect because it is not necessary to list the beneficiaries by name, provided the class is conceptually certain as it is here. (E) is incorrect because the given postulant test (a test of whether a person is or is not a member of the class) applies to discretionary trusts, not fixed interest trusts

Question 31

A man died on 20 December 2019 and left an estate worth £2,200,000 to his friend. The man’s main residence, valued at £600,000, was included in the total value of the estate. The man did not make any lifetime gifts.

The residence nil rate band for 19/20 was £150,000, and the regular nil rate band was £325,000.

What amount of the man’s estate is chargeable to tax?

ResponsesPress Enter or Space to submit the answer

Answer 31

£1,875,000(E) £1,875,000. To calculate the amount of the estate chargeable to tax, we reduce the amount of the estate by the nil rate band (£2,200,000 - £325,000 = £1,875,000). The estate cannot be further reduced by the residence nil rate band because that is applicable only if the recipient of the estate is closely related to the decedent, such as a lineal descendant. Here, the man’s entire estate was left to his friend

Question 32

Five friends buy a property together. They are all over 18. They each contribute £50,000 towards the purchase price of the property. When they buy the property, they make no agreement as to co-ownership.

Which of the following statements best describes how the legal estate will be held?

Answer 32

The first four friends named in the transfer deed will hold the legal estate as joint tenants on trust for all of them.(D) The first four of the friends named in the transfer deed will hold the legal estate as joint tenants on trust for all of them. A legal estate may be held by a maximum of four joint tenants. By statute, if more than four people buy land together, the first four who are over age 18 will be held to be holding the land as joint tenants on trust for all of the buyers. (A) is incorrect because there can be no more than four joint tenants. (B) is incorrect because, as explained above, under the circumstances here (five purchasers), the first four will be held to hold as joint tenants and not the first two. (C) is incorrect because no more than four can hold the legal estate and further, the legal estate must be held on a joint tenancy. (E) is incorrect because it is not what happens if the parties do not agree. The friends were free to make such an arrangement, but the facts indicate they did not. Therefore, the default provisions imposed by statute apply. Q

Question 33

On 1 October 2022, a homeowner sold his holiday cottage for £200,000. He had bought the cottage in July 2002. The homeowner’s expenditure on the cottage prior to its sale was as follows:

• Legal fees on purchase £800
• Purchase price £110,000
• Re-decoration costs £2,100
• Cost of building a garage £7,500
• Replacement of a few roof tiles after a storm £150

In addition to the purchase price, which of these costs will be deducted in calculating the homeowner’s chargeable gain?

ResponsesPress Enter or Space to submit the answer

Answer 33

The £800 legal fees and £7,500 cost of garage only.(C) The £800 legal fees and £7,500 cost of garage only. Revenue expenses which merely maintain and repair the asset are not deductible (so the re-decoration costs and replacement of tiles are not deductible). However, any purchase costs and costs of improvement can be deducted, such as the legal fees on purchase, and the cost of building a garage, in addition to the acquisition costs.QUESTION ID: TAX161

Question 33

A settlor set up a lifetime trust and appointed three trustees. The third trustee has indicated that he no longer wants to be a trustee, and the remaining trustees consent to his retirement. There is nothing in the trust deed about the appointment or retirement of trustees.

What formalities are required for the third trustee to retire?

Answer 33

A deed is required.(D) A deed is required for the third trustee to retire. A trustee may retire from office without being replaced if they obtain the consent by deed of all their co-trustees. The consent of any person who has power to appoint new trustees is also needed, but as that has not been specified in the trust instrument, the power rests with the trustees for the time being. The retiring trustee must also leave in office at least two trustees or a trust corporation. (A), (B), and (C) are incorrect because an oral declaration, letter, or recording on the trust instrument are insufficient. (E) is incorrect because a court order is not required. QUESTION ID: TRU147

Question 34

A defendant has pleaded guilty to assault. She instructs her solicitor that she had drunk two bottles of wine with her friend at a pub. Her friend had dared her, as a joke, to tap a passersby on the shoulder and run away. The basis of the assault charge is that the defendant hit a passerby from behind. She says that if she had not been drinking, she would never have committed the offence.

How will the defendant’s intoxication affect how the court determines her sentence?

Answer 34

Intoxication is an aggravating factor that may be taken into account.B) Intoxication is an aggravating factor that may be taken into account. The court generally must follow the sentencing guidelines, which offer a starting point for each offence and list aggravating and mitigating factors. Some factors (like racial aggravation or the offence having been committed on bail) must be taken into account, but other factors may be taken into account by the court. Intoxication is an aggravating factor that may be taken into account. Therefore, (A) is incorrect. (C) and (D) are incorrect, as intoxication is an aggravating, not mitigating, factor. (E) is incorrect as intoxication may be taken into account, but it does not have to be. QUESTION ID: CRP103

Question 35

A landowner grants a right of way to a grantee in a legal deed of easement. Title to the dominant and servient tenements is registered.

How will the right benefitting the grantee’s land be reflected on the grantee’s register of title?

Answer 35

It will appear as a notice on the Property Register.(C) Legal easements are ones which have been created by deed. The benefit of a legal easement must appear as a notice on the Property Register of the dominant tenement (that is, the land that is benefitted by the easement). The Property Register indicates whether the title is freehold or leasehold, the address of the property, and details of any rights which benefit the land. Here, the grantee owns the dominant tenement, since their land is benefitted by the right of way. Thus, the easement will appear on the grantee’s Property Register. (A) is incorrect because a restriction on the Proprietorship Register is not the appropriate method of protection. The Proprietorship Register indicates the current legal owners of the property. (B) is incorrect because a notice rather than a restriction will be used. A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge. A restriction is used to prevent any dealing with the land otherwise than in accordance with the terms of that restriction. (D) and (E) are incorrect because a right which burdens a title appears on the Charges Register, and a restriction is not used in this instance. The burden of the easement will appear as a notice on the landowner’s Charges Register

Question 36

A year ago, a bank lent money to a property owner for the purchase of their house. The bank has a first legal charge registered on the charges register of title to the property. The property owner is one month in arrears with their mortgage payments. The contractual date set to redeem the mortgage has passed. The bank now has a more aggressive policy towards default by their borrowers. Last month, the bank sent a letter to the property owner indicating that they will immediately commence possession proceedings due to the property owner’s default.

Is the bank entitled to take possession proceedings?

Answer 36

No, because the power of sale is not exercisable.(B) The bank is not entitled to take possession proceedings because the power of sale is not exercisable. The power of sale arises when the contractual date to redeem the mortgage has passed. However, the power of sale becomes exercisable only if one or more of the following is satisfied: (1) interest payments are more than two months in arrears; (2) there has been a written request for repayment of the capital and three months have passed without payment; or (3) there is a breach of some other term of the mortgage. Here, the contractual date set to redeem the mortgage has passed, but the power of sale has not yet become exercisable as none of the relevant conditions have been satisfied. The interest payments are not more than two months in arrears, the bank has not sent a written request for repayment, and no other breach is provided in the facts. (A) is incorrect because, as explained above, the power of sale has arisen but it must also be exercisable, which is not the case here. (C) is incorrect because even if the bank’s notice is interpreted as a request for repayment, three months must have passed without payment for the power of sale to become exercisable, which is not the case here. (D) is incorrect because, as explained above, the power of sale has arisen but has not become exercisable. (E) is incorrect because the power of sale must be exercisable for the bank to take possession proceedings; the bank’s own policies do not change or alter that requirement.QUESTION ID: LAN064

Question 36

A defendant is charged with a number of violent offences. The defence have submitted a defence case statement alleging that the defendant’s involvement in the offences was the result of duress exerted by his stepfather. The prosecution has recovered a number of video recordings from the stepfather’s mobile phone, which show the stepfather assaulting the defendant in an entirely unrelated context. The prosecution does not intend to rely on this evidence.

Does the prosecution have to disclose the videos to the defence?

Answer 36

Yes, as the videos undermine the prosecution case or assist the defence.(D) The prosecution has to disclose the videos to the defence. The prosecution is under an ongoing duty to disclose any evidence that undermines the prosecution case or assists the defence. Here, the video may support the defence case that the defendant’s stepfather exerted duress on him. (A) is incorrect as the prosecution must disclose more evidence than only that upon which it intends to rely. (B) is incorrect as the videos are still relevant to the defence. (C) and (E) are incorrect as they do not reference the legal test for disclosure. QU

Question 37

Four friends, aged 11, 12, 13, and 14, commit arson together. Following conviction in the Youth Court, they all appear before the court for sentence. None of the friends have previous convictions. The court agrees that the custody threshold has been passed and that a custodial sentence is merited.

Which of the friends can receive a detention and training order?

ResponsesPress Enter or Space to submit the answer

Answer 37

None of them.(E) None of the friends can receive a detention and training order. A detention and training order is the custodial sentence available to the Youth Court. They are not available for defendants aged 10 and 11, and so (D) is incorrect. For defendants aged 12 to 14, they are only available for persistent young offenders. A persistent young offender is a defendant who has been sentenced on three occasions for an offence punishable by imprisonment. As none of the friends have previous convictions, the 12-year-old, 13-year-old, and 14-year-old cannot receive a detention and training order, and (A), (B), and (C) are incorrect.

Question 38

A defendant is standing trial in the Crown Court on a charge of actual bodily harm (‘ABH’) against her partner. The defendant has a history of domestic violence convictions. As a result, the prosecution seek to adduce her relevant previous convictions. The defence have made a counter application that the evidence should be excluded.

How will the court decide whether to grant the defence application to exclude the previous convictions?

Answer 38

The court must exclude the convictions if their admission would have such an adverse effect on the fairness of the proceedings that the court must not admit them.(E) When evidence is sought to be adduced under the bad character evidence gateways of ‘an important matter in issue between the prosecution and defence’ or ‘the defendant attacked another’s character’, the court must not admit the evidence if: (1) the defence make an application to exclude it, and (2) it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court must not admit it. The gateway of ‘an important matter in issue between the prosecution and defence’ permits admission of bad character evidence on the basis of propensity to commit similar types of offences. Therefore, the defendant’s past convictions for domestic violence fit within this gateway. (A), (D), and (C) are incorrect as they use may instead of must. (A), (B), and (C) are further incorrect as they misstate the test to be applied by the court.

Question 39

A husband and wife decided to rob a local shop. The husband came into the store carrying a knife and threatened the shopkeeper to get him to open the till. Whilst the husband was taking money from the till and holding the knife to the shopkeeper’s throat, he told his wife to go into the back of the shop to see if there was anything else there they could take. The wife did so, walking through a door marked ‘Private’, but she found nothing worth taking and returned to her husband’s side.

For what offences could the wife be found guilty?

Answer 39

Robbery and burglary.(E) The wife could be found guilty of robbery and burglary. Robbery is the taking of another person’s property through use of force or by putting the victim in fear. The husband and wife are co-principals in this crime. A principal is one who commits the act and has the required mental state at the time. Here, both the husband and the wife intended that the husband use force to obtain money from the shopkeeper. The fact that the wife did not actually hold the knife is irrelevant. The couple were acting together. Likewise, both are guilty of burglary. A burglary can arise from knowingly or recklessly entering a building or part of a building as a trespasser with the intent to steal, inflict great bodily harm, or cause criminal damage. At the least, the wife became a trespasser when she went through a door marked ‘Private’ after the husband had asked her to do so. At that time, she was looking for items to steal. Thus, the burglary was completed at the time of the trespass; it does not matter that the wife did not find anything worth stealing. (A) is incorrect because an individual cannot be found guilty of both an attempt and completion of the same crime. (B) is incorrect because the wife also committed robbery. (D) is incorrect because, as stated above, the wife could be found guilty of the completed crime of robbery, not merely attempted robbery