Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

sqe > SQE flk1 > Flashcards

SQE flk1 Flashcards

1
Q

Accomplice?

A

An accomplice aids, abets, counsels or procures the commission of an offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Lord Binghams Eight Sub rules?

A

That there should be no overlap between the branches of state. To avoid any branch exercising too much power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are grounds for illegality?

A

Delegation, unauthorized purpose, error of law acting without lawful authority, fetching of discretion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are grounds for procedural impropriety?

A

Bias, lack of reasons, natural justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When will negotiating damages be awarded?

A

Negotiating damages will only be awarded where there is no financial loss other than the chance to negotiate a release fee.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Mischief Rule?

A

Court considers what mischief or defect in the existing law the statute was intended to remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Golden rule Narrow and Wide?

A

Narrow: If a word is capable of being more than one meaning, can choose the meaning that does not produce an absurd result.

Wide: Even where a word has only one meaning, interpret it in a way that avoids a result that is obnoxious to policy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Intrinsic Aid vs Extrinsic Aid?

A

Intrinsic Aid: Statute must be read as a whole and in context

Extrinsic Aid: Interpretatiohn acts (definitions of commonly found words), Dictonaries, Other statutes, Hansard (parlimentary debates).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Eiusdem Generis?

A

Of the same kind, the general words are specifically construed as limited and apply. limited scope.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The purposive Approach?

A

To interpreting legislation looks beyond the words of the legislation at the purpose behind it, and the legislation is seen as a skeleton of the law for the judges to flesh out in time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Per Incuriam?

A

Through lack of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Ratio?

A

The principle or principles of law on which the court reaches its decision.

A wide or broad rule of law may apply to all types of different factual situations that are similar to the case at hand. In contrast, a narrow or limited rule of law may only apply to a certain set of circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Obiter Dictum

A

Opinion and not bindin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Procedural ultra vires?

A

A piece of delegated legislation may be declared invalid if the correct procedure was not followed in making it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Fettering Discretion?

A

When an authority will be acting unreasonably where it refuses to hear applications or make certain decisions without taking into individual circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Parliament Exclusive Cognisance?

A

Parliament controls its own processes and procedures for requirements for MPs to enter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Status of Article 5?

A

Limited right can be interfered with lawfully to detain for deportation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Ouster Clauses?

A

A descion should not be challenged by a court of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Article 8 vs Article 10?

A

Whether it will make to a debate of general interest, context of person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Lord Halisham Elective Dictatorship

A

Every 5 years ellects new Executive, unitl the public vote again it can take control of the of the legislative agenda and cannot be removed from office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What factors are required to bring a judicial review claim for pressure groups?

A

The nature of the alleged breach of duty&The importance of the issue raised
The role of the pressure group
The need to uphold the rule of law
The likely absence of any other responsible challenger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When can damage be claimed in judicial review?

A

When private law rights have been infringed, not public law rights such as licences to operate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

ultra vires

A

Ultra vires translates to ‘beyond the powers’. It is used to describe an act which requires legal authority or power but is then completed outside of or without the requisite authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

wednesbury unreasonable test

A

A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it
(Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are the effects of not wearing a seatbelt when it contributes to damages?

A

Reduction in 25%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Volenti defence in tort?

A

A defence based upon the claimant consenting to the risk of injury suffered</strong>. For the defence to succeed the claimant must have been fully aware of all the risks involved, including their nature and extent. His consent must be free and voluntary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

In nominate term

A

an innominate term

an intermediate term which cannot be defined as either a “condition” or “warranty”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Material increase in risk approach

A

Where scientifc uncertainity exists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

maxim res ipsa loquitur

A

The thing speaks for itself.

A maxim which permits an inference of negligence to be drawn from the mere fact that an accident occurred and an injury was sustained.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is a pure economic loss?

A

Pure economic loss is financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Rylands vs fletcher tort

A

A claim may be made by someone who has been caused foreseeable damage, due to the escape of something dangerous in the course of a non-natural use of land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

How often can a company alter its account reference date?

A

It will be effective once every five years and extension must not result in a new accounting reference period of more than 18 months.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

When most directors seek shareholder approval when wanting to buy back shares?

A

When, the profit and loss reserves are not sufficient, and in order to use the company’s current assets.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

How long does a person have to request a breakdown of part 36 order?

A

Seven days within the offer being made.

35
Q

What are the grounds for seeking permission to appeal in tort?

A

The appeal has a real prospect of success. There is some other compelling reason why the appeal should be heard. These are the two grounds on which the permission to appeal may be granted. The appeal raises an important point of principle or practice is what the court will assess.

36
Q

What is the test for remoteness of damage? And what are the provisions to this rule?

A

Wagon mound test. Was the claimants damaged reasonably foreseeable? If the damage was not reasonably foreseeable, the defendant is not liable for it. Similar in type role provided the damage was drink reasonably foreseeable. The defendant is liable, even if the precise way in which it occurred was not foreseeable. The eggshell skull rule provided the type of harm was reasonably foreseeable. The defendant is liable for the full extent of the harm, even if the precise extent of the damage was not foreseeable.

37
Q

Res ipsa loquitur

A

Latin phrase meaning “the thing speaks for itself”, usually employed to indicate circumstances in which liability for a tort is obvious or self-evident.

38
Q

Caparo test

A

Reasonable foresight of harm to the claimant.
Sufficient proximity of relationship between the claimant and defendant.
That it is fair just and reasonable to impose a duty.

39
Q

What is start-up relief by carryback?

A

Can be used in the first four years of trading. The three tax years preceding the tax loss can be deducted.

40
Q

What is terminal relief by carryback?

A

Can be used in the final 12 months of trading and can Carryback losses three tax year is proceeding the final tax year.

41
Q

What is split costs under part 36 and who can use it?

A

If a defendant makes a part 36 offer that is rejected by the claimant and which the claimant fails to beat at trial, a split costs order will be made. If the claimant loses, the penalty interest is payable on costs, but part 36 has no effect if the claimant wins and beat the defendants offer.

42
Q

What is the additional amount percentages for damages under section 36?

A

For damages up to £500,000 the defendant must pay an additional amount of 10% on the sum awarded.

for damages in excess of 500,000 up to 1m. 10% of the first 500,000 is payable I will be after 5% up to a maximum of 75000.

43
Q

Who can make a security of costs application?

A

The defendant can only make a security of course application against the claimant.

44
Q

When does a director or shareholder become a SPT in another company?

A

When they are in the more than 20% of the shares.

45
Q

How long do directors have to call a meeting from the shareholders request and then how long do they have until the meeting must take place?

A

They must call the meeting within 21 days of the shareholders request having called the meeting the meeting must then take place within 28 days.

46
Q

What is holdover relief?

A

When there’s a gift purpose for a transaction

47
Q

What is rollover Relief on incorporation, and when is it used?

A

When transferring an unincorporated business to a new company.

48
Q

what section and act do directors have to declare their interest under?

A

Section 182 of the companies act 2006. This includes connected persons.

49
Q

At what amount is shareholder approval required for a loan to a director which is not related to business?

A

In excess of £10,000

50
Q

What is the deadline for filing cost budgets?

A

21 days before the case management conference.

51
Q

What happens if a defendant fails to file a cost budget with directions questionnaire?

A

The defendant will be treated as filed a budget, compromising only of court, unless the court orders otherwise.

52
Q

What is the max loan directors can take To meet the expenses or purchases relating to the business without shareholder resolution?

A

Up to £50,000

53
Q

What is rollover relief (assets) ?

A

Rollover relief allows a trader to defer the payment of capital gains tax where the disposal proceeds of a business asset are reinvested in a new business asset. 1 year before or 3 year after purchase.

54
Q

When do large transactions under £100,000 not need shareholders approval?

A

If it involves a non-cash assets such as the warehouse. If it is of substantial value, but over £5000 and 10% of the clients net asset value.

55
Q

How can a individual attract a business asset disposal relief on its shares in a company when leaving?

A

Held over 5% of shares in a trading company. Penal officer or employee of the trading company. These conditions must have been satisfied for two years prior to the disposal of the shares.

56
Q

When do large transactions under £100,000 not need shareholders approval?

A

If it involves a non-cash assets such as the warehouse. If it is of substantial value, but over £5000 and 10% of the clients net asset value.

57
Q

How can a individual attract a business asset disposal relief on its shares in a company when leaving?

A

Held over 5% of shares in a trading company. Penal officer or employee of the trading company. These conditions must have been satisfied for two years prior to the disposal of the shares.

58
Q

How long do parties have to request a detailed assessment of costs after proceedings?

A

Three months from the judgement

59
Q

How long does a claimant have to serve a claim form on the defendant?

A

Four months of issue.

60
Q

What is the takeover exclusion?

A

When more than 50% of shares are being purchased by individual or a group of connected individuals such as directors all companies. This allows for the takeaway exclusion to apply and the solicitor can advise on the share purchase.

61
Q

At what amount of capital do firms have to obtain an accountant report?

A

in excess £250,000

62
Q

How long do you have to register charge?

A

21 days or will be ineffective against administrator and other creditors

63
Q

Who cannot apply to claim VAT?

A

Medical and charity and teaching

64
Q

When is tax due on items that are not a gift?

A

Generally on the 31st of January on the following year

65
Q

How often does a very large company give tax in the year?

A

Four months in a year

66
Q

Role of an attorney general?

A

Assist the government as a whole which includes answering questions from parliament and House of Lords

67
Q

At what £ can a civil claim be issued in the high court?

A

£100,000 (50,000 for personal injury)

68
Q

Heads of illegality?

A

Acting without legal authority, wrongful delegation Fettering discretion acting for an unlawful purpose or for dual purposes, taking account of relevant factors. Error of law error of fact.

69
Q

Success fee caps?

A

Cannot exceed 100% of normal charges
Personal injury 25%

70
Q

Damages based agreement?

A

50% normal.
Personal injury cases 25%. Employment 35%.

71
Q

At what amount can personal injury claims be taken to the high court?

A

£50,000

72
Q

Requirements for patents court chancery division?

A

£500,000 value.
Patent issue.

73
Q

What approval is required to enter a CVA?

A

75% or more in value of the companies creditors, and 50% or more of non-connected creditors.

74
Q

What are the implications of lending money in a company with no more than five shareholders over the shareholders controlling the company are also directors?

A

If the loan is over 15,000 the company must pay corporation tax at a rate of 32.5% and this will be refunded once the loan is fully paid.

75
Q

What is the formula for stamp duty on the transfer of shares?

A

0.5%. Rounded up to the nearest £5.

76
Q

Novation agreement?

A

Novation is the replacement of one of the parties in an agreement between two parties, with the consent of all three parties involved. To novate is to replace an old obligation with a new one. For example, a supplier who wants to relinquish a business customer might find another source for the customer.

77
Q

Remedies for undue influence?

A

Only recession

78
Q

Novation agreement

A

Novation means to replace or substitute. When a contract is novated, both parties agree that the responsibilities and obligations of one party are transferred from the original signee to a third party. The original party is freed from the original agreement, creating a new contract.23 Nov 2022

79
Q

How much notice has to be given to the other party to amend defence [hearing]?

A

3 clear working days before hearing

80
Q

Where can CFAs not be used?

A

Criminal or family proceedings

81
Q

When will a party successfully be able to apply against a non-party for disclosure of documents?

A

If the documents support the applicants case, or adversely affect the case of another party and disclosure is necessary to dispose of the case fairly or save costs.

82
Q

When is a solicitor and a obligation to identify and verify shareholders which seems suspicious?

A

When they are in the more than 25% of the shares

83
Q

How long do applicants have to claim under the inheritance provisions for family and dependence acts 1975?

A

6 months from grant

sqe (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions