Practice A2 Points to Note Flashcards
Criminal Law
Can spouses enter a conspiracy between themselves only?
No. Spouses cannot conspire together if they are the only two parties to the conspiracy.
A conspiracy can exist between spouses as long as there is one other person.
Criminal Procedure
Is the right to bail available to a murder defendant?
Yes. It is just the presumption in favour of bail which is reversed in a murder case.
Any answer suggesting there is no right to bail for a murder defendant is wrong on this basis.
Ethics
Where there is a power of attorney situation, who is deemed the client?
The original client remains the client, and the solicitor should not carry out the attorney’s instructions if they are contrary to the client’s best interests.
Land Law
Does a sublease terminate when a headlease is ended by surrender?
No. The subtenant will become the tenant of the head landlord on the terms of the sublease and will have to pay rent due under the sublease to the head landlord.
Land Law
Where will a legal easement appear?
A legal easement must appear as a notice on the Property Register of the dominant tenement
Think of it as a benefit for the dominant land, therefore would be advertised as a perk of that property
Property Practice
Although the local authority has only 12 months to take enforcement action for noncompliance with building regulations, within what time can an injunction be sought to force compliance?
At any time
Tax
What is the maximum penalty HMRC could impose in the case of a careless error?
30% of the lost tax revenue
Trusts
Is “such part of the property that is not needed by a beneficiary” sufficiently certain to create a trust?
No
Who receives the gift where a testator makes a gift to a child or other issue who die before the testator and leave living issue?
The living issue receive the gift
This does not apply to any other beneficiary. Only a gift left to a child who dies leaving their own child qualifies.
