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SQE2 Flashcards

1
Q

What would you call a Lord Chief Justice, Master of the Rolls, President or Chancellor?

A

My Lord or Lady

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2
Q

What would you call a court of appeal judge?

A

My lord or lady

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3
Q

What would you call a high court judge?

A

My lord or lady

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4
Q

What would you call a high court master or an insolvency high court judge?

A

Judge

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5
Q

What would you call a registrar?

A

Registrar

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6
Q

What would you call a circuit judge including recorders?

A

You honour

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7
Q

What would you call a district judge or a tribunal?

A

Judge

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8
Q

What do you call magistrates?

A

Your worship or sir/madam

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9
Q

Name the 8 sections in a will

A

Opening, revocation, appointments, non residuary gifts, residue, survivorship, admin provisions, attestation

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10
Q

Which courts can increase sentence on appeal? (Crim)

A

Crown court.

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11
Q

When can someone be arrested?

A

On reasonable grounds.
Name/address required
Prevent injury, loss of property, public indecency, obstruction to highway
Protect children and the vulnerable
For prompt investigation and questioning
Prevent hinder acne of prosecution

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12
Q

When must custody reviews be done?

A

Every 6 hours from authorisation by an inspector. 9 hours after that.

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13
Q

When can detention be extended?

A

Superintendent authorises and it is an indictable offence with reasonable grounds to secure or preserve evidence,

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14
Q

When can legal advice be delayed?

A

Authorised by superintendent and it is an indictable offence with reasonable grounds to preserve or obtain evidence

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15
Q

When can the right to inform someone of arrest be delayed?

A

By inspector, indictable offence with reasonable grounds to suspect hinderance, destruction of evidence etc.

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16
Q

When will first hearing be held? (Crim)

A

14 days from charge if prosecution anticipates guilty plea in magistrates.
28 days if NG plea anticipated or is likely to be crown court.

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17
Q

What is dealt with at first hearing?

A

Plea, bail, funding

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18
Q

What summary and either way offences can be sent to crown court together?

A

Linked.
Assault, taking conveyance without permission , disqualified driving, crim dam.

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19
Q

What summary and indictable offences can be sent to cc together?

A

Disqualification from driving, imprisonment

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20
Q

When can a request for an indication of sentence be made?

A

If either way offence, at allocation

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21
Q

When is hearsay admissible (Crim)?

A
  1. Statute - witness unavailable, business documents, interest of justice
  2. Common law - res gestae, confessions, experts, public knowledge, evidence of reputation, common enterprise
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22
Q

What notice is required for hearsay? (Crim)

A

If mc, 20 business days from ng plea.
If cc, 10 business days.

Defendant must be as soon as practicable

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23
Q

When can bad character evidence be submitted?

A
  1. Agreement between parties
  2. Adduced by D
  3. Important context
  4. Propensity
  5. Important matter between D and prosecution (usually co defendants)
  6. False impression correction
  7. Attacks other witness
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24
Q

When can the bad character of another be introduced?

A
  1. Important explanatory evidence
  2. Probative value
  3. Agreement between parties
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25
Q

What is s24 LTA 1954?

A

Security of tenure for commercial tenants

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26
Q

What is s25 LTA?

A

LL serving notice on tenant of end of tenancy. Must be served 12-6 months prior to end of tenancy

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27
Q

What is s26 LTA?

A

Tenant requesting renewal of lease. Use serve on landlord 12 - 6 months prior to end of lease. LL has 2 months to respond.

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28
Q

What is s 27 LTA?

A

T serving 3 month notice to terminate on LL.

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29
Q

What are the statutes allowing interest (civil) for specified claims? And unspecified wording?

A

S35A Senior Courts Act 1981
S69 County Courts Act 1984
Late Payment of Commercial Debts (Interest) Act 1998 - 8%

The claimant claims interest under the relevant act on the amount found to be due to the claimant for such sum and period as the court thinks fit.

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30
Q

What percentage interest is due on PI claims?

A

2% only for general damages.
Half the special account rate for special damages

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31
Q

What happens pre contract ? 3

A

Pre contract package submitted by seller’s solicitor including draft contract and evidence of title.
Buyer solicitor submit enquiries and searches
Exchange

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32
Q

What happens pre completion? 2

A

Transfer deed executed
Buyer solicitor carries out pre completion searches

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33
Q

Name 9 possible special conditions to a contract

A
  1. 2nd trustee appointment (overreaching)
  2. Restrictive covenant insurance
  3. Defect in title
  4. Deposit of under 10%
  5. Deposit held as agent not stakeholder
  6. Vat
  7. Removal of fixtures
    8 indemnity covenant
  8. Seller insures rather than buyer
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34
Q

What are the 4 requirements of a root of title?

A
  1. Adequately describes land
  2. be dated more than 15 years ago
  3. Casts no doubt on seller’s title
    R. Deals with both legal and beneficial title
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35
Q

What must be included in an epitome of title?

A

Power to sign, death certificate of co owner if necessary, or tagged deed and vacating receipt

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36
Q

What should not be included in an epitome of title?

A

Declarations of trust, expired leases, old searches, misc documents

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37
Q

What searches should always be made?

A

CON29, LLC1, CON29DW, desktop environmental search, chancel repair, index map (essential if unregistered land)

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38
Q

Name 8 clauses that should be included in a partnership agreement

A
  1. Commencement and duration
  2. Partnership name and place of business
  3. Property
  4. Capital profit and loss distribution
  5. Drawings and salary
  6. Accounts
  7. Dissolution
  8. Duties, powers and restrictions
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39
Q

What percentage of shareholders must require a written resolution?

A

5%

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40
Q

How can directors be appointed?

A

Ordinary resolution, or board resolution

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41
Q

How can a director be removed?

A

Ordinary resolution with 28 days special notice

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42
Q

When can a default judgment be set aside?

A

Mandatory - wrongly entered
Discretionary - real prospect of defence or some other good reason

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43
Q

On N1 how do you state the value of sum in dispute?

A

If specified, state the sum.
If unspecified,:
<10k
10-25k
25k +
Cannot say how much they expect to recover

If high court
100k +
50k for PI

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44
Q

When can you submit a part 18 request?

A

Reasonably necessary and proportionate for own case or understanding other case
No trivial matters

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45
Q

Name the 10 key clauses of a property contract

A
  1. Address
  2. Title plan or description of land
  3. Registered proprietor or seller
  4. Identity of buyer
  5. Deposit and how it is held
  6. Title guarantee
  7. Completion date and time
  8. Risk passing to buyer at exchange
  9. Special conditions
  10. Vat
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46
Q

What three steps should be carried out post completion?

A
  1. Stamp duty (14 days to submit) on purchase price
  2. Registration of any charges at companies house within 21 days
  3. Application for registration within os1 priority period (30 working days)
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47
Q

What are the 6 key aspects of an fr1 lease?

A
  1. T must keep property in full repair
  2. LL will insure but can recover cost from T
  3. Service charge
  4. Costs in lifetime of lease are met by T
    5, alienation is controlled
  5. Upwards only rent review
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48
Q

What is the wording of limited title guarantee?

A

No incumberences and not aware that anyone has done so since last disposition of value

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49
Q

What is the wording of full title guarantee?

A

Free fro:m incumberences that seller does not know about and cannot reasonably know about

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50
Q

How are new shares allotted?

A
  1. Check any cap on share (OR to remove if pre 06 act)
  2. Check director authority to allot (s550 gives authority if single class of shares. S551 if not - requires OR)
  3. If shares are equity securities then pre emption rights will need to be disapplied
    Not an equity security if capped
  4. If new class of share, amend AAs
  5. Board resolution to allot
  6. Admin (CH, registers)
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51
Q

How is a buyback of shares out of income carried out?

A

OR, with 15 days inspection right

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52
Q

How is buyback out of capital carried out?

A

Accounts of solvency required from auditor. Must place ads in gazette and national newspaper for 5 weeks.
SR is required for approval and OR for contract approval.
2 week window to buy back after approval.

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53
Q

What are the 4 fsma steps?

A
  1. Are you in business
  2. Is there a specified investment?
    (Not land or national savings)
  3. Is there a specified activity?
  4. Is there an exclusion?
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54
Q

When must a budget be filed (civil)?

A

21 days before cmc

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55
Q

When must budget discussions and draft directions be filed (civil)?

A

7 days before cmc

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56
Q

When must a disclosure report be filed (civil)?

A

14 days before cmc

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57
Q

What happens if a party fails to file a budget?

A

Deemed to have only filed for court fees

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58
Q

What are the 4 requirements for an easement?

A
  1. Dominant and servient land
  2. Benefits dominant and is proximate
  3. Prior diversity of occupation
  4. Capable of being a deed
59
Q

How are easements acquired?

A
  1. Express (in writing by deed, for duration and registered) or equitable
  2. Implied by necessity, common intent in or wheeldon v burrows
  3. By prescription
60
Q

What are the four requirements of wheeldon v burrows?

A
  1. Prior to sale, a owner
  2. Continuous and apparent
  3. Necessary
  4. In use at date of transfer
61
Q

When is an easement binding on servient land?

A

If unregistered land, and easement is legal, it is binding.
If pre 1926, equity’s darling. Post is registration

Registered land, can be legal and expressly acquired OR overriding interest if known about, excessive within a year or obvious on reasonable inspection

62
Q

When does the burden of a restrictive covenant pass in equity?

A
  1. Negative
  2. Touches and concerns land
  3. Proximate
  4. Intended to pass
  5. Registered
63
Q

When does the benefit of a restrictive covenant pass in equity?

A
  1. Annexation
  2. Assignment
  3. Scheme
64
Q

What is the legal test for se unity for costs?

A
  1. Just to give the order - strength of case, ability to provide security, abuses of impecuniosity, property within jurisdiction, timing of application
  2. statutory reasons; outside eu, impecunious company, making enforcement difficult
65
Q

What are the grounds for adding or substituting a company outside the limitation period?

A

LP had to be current when proceedings started.
Mistake
Liability passed
Claim cannot properly be carried on

66
Q

Is permission required to add remove or substitute a part?

A

Yes, unless the claim form has not been served

67
Q

When is permission required for a part 20 counter claim?

A

If filed after defence.

68
Q

When can amendments to a statement of case be made if filed and served?

A

With consent of all parties, or court permission

69
Q

When can amendments be made to a statement of case if the limitation period has expired?

A

Correct mistake as to name of party, add or substitute claim on same facts, or alter capacity of party

70
Q

What is s13 SGA?

A

Sale by description

71
Q

What is s13(2) SGA?

A

Sale by sample

72
Q

What is s14(2) SGA?

A

Satisfactory quality

73
Q

What is s14(2b) SGA?

A

Fitness for purpose, appearance, defects, safety and durability

74
Q

What is s15 SGA?

A

Sample in bulk

75
Q

What is s4(2) sgsa?

A

Satisfactory quality

76
Q

What is s4(5) sgsa?

A

Fitness for purpose

77
Q

What is s5 sgsa?

A

Sample

78
Q

What is s9 CFA 2015?

A

Quality

79
Q

What is s10 cra?

A

Fitness for purpose

80
Q

What is s13 cra?

A

Sample

81
Q

What rights do you have under cra?

A

Right to reject within 30 days, right to repair or replacement within a reasonable time, right to a price reduction

82
Q

When can a solicitor accept a gift?

A

If it is reasonable and proportionate and not substantial.

83
Q

When can a solicitor accept a gift in a will?

A

If the testator has obtained independent legal advice

84
Q

What is a derivative claim?

A

Shareholder can sue a company for the company due to a right of action not being exercised.
If due to negligence, breach of duty or breach of trust

85
Q

What steps must be taken to bring a derivative claim? 2 stages

A

Stage 1: permission of court
Member must make prima facie case
Good faith
Unlikely to be ratified
Only someone acting in benefit of company would bring such a claim

Stage 2: criteria
Court must have particular regard to evidence and views of members not personal,y invested

86
Q

What might an unfair prejudice claim be brought for?

A

Excessive director renumeration, director dealing with associated persons, non payment of dividends

Negligent mismanagement will only be unfair if released and or serious

Could be for legitimate expectation

87
Q

What options are there for a bankrupt person?

A

IVA, negotiation, bankruptcy DRO

88
Q

What are the steps on an Iva?

A

Debtor sets out statement of affairs
Nominee submits report to court of whether there is a reasonable prospect of Iva being approved by creditors
Debtor can apply for interim order
If creditor meeting called, 75% in value must approve Iva
Nominee becomes supervisor
Shortfall written off by creditors at end of Iva (3-5 years)

89
Q

What options are available to an insolvent company?

A

Liquidation (compulsory, cvl, mvl)
Administration
Cva
Schemes of arrangement
Restructure

Moratorium
Informal agreements

90
Q

What are the three reasons for administration?

A

Rescue as going concern, achieve better outcome for creditors or pay off one or more secured creditor

91
Q

When can a qfch apply for administration?

A

Qualifying charge, enforceable and they have the power to appoint a receiver

92
Q

On what grounds Cana civil appeal be made?

A

Wrong or unjust (procedural or other irregularity)

93
Q

When can a civil appeal be applied for?

A

At lower court when decision made and or apply to higher court later (N161)

94
Q

What is the time limit for a civil appeal?

A

21 days

95
Q

What is the test for a first appeal at civil court?

A

Real prospect of success or some other compelling reason as to why

96
Q

What is the test for a second appeal in a civil matter?

A
  1. Real prospect of success AND important point of principle or practice; or
  2. Other compelling reason
97
Q

Is a stay automatic for civil appeals?

A

No

98
Q

What are the routes for appeal? Civil

A

Cc district judge to cc circuit judge
Ccdj regarding companies act not insolvency to high court
Cccj to hcj
High court master to hcj
Hcj to COA

99
Q

When can fresh evidence be introduced on appeal? Civil

A

Could not have been obtained with reasonable diligence for lower court, and important influence on result, and credible

100
Q

How do you calculate the contract rate?

A

(((Purchase price less deposit) / 100) * CR) / 365

101
Q

What % of shares required to call poll vote?

A

10%

102
Q

How long does a landlord have to respond to a request to assign?

A

28 days

103
Q

On who is the burden of proof to show that assignment was reasonably refused?

A

Landlord

104
Q

Name 3 ways of strengthening a director position?

A

Weighted voting rights, long term service contract, shareholder agreement preventing removal

105
Q

How many shareholders must agree to an early Gm? And plc?

A

90%. 95%

106
Q

What percent of shareholders must request a written resolution?

A

5%

107
Q

How long to you have to appeal a MC case? Crim

A

15 business days

108
Q

On what grounds can you appeal conviction at MC?

A

Errors of fact or law

109
Q

On what grounds can you appeal sentence at MC?

A

Manifestly excessive

110
Q

On what grounds can you appeal from MC to HC?

A

Wrong in law or outside of jurisdiction

111
Q

What is the process of filing an appeal from Mc to Cc?

A

File notice to court and cps

112
Q

What is the process of appeal from mc to hc?

A

Write to clerk at mc with question of law in contest, mc then states a case for hc, statement of case goes to cps and defendant for checking, once agreed it is sent to appellant, appellant to lodge at hc and notify other party

113
Q

Who must grant leave of appeal from cc to COA?

A

COA or trial judge

114
Q

When can a conviction be appealed from cc to COA?

A

If unsafe. The only correct and reasonable verdict should have been guilty.

115
Q

When can a sentence be appealed from cc to COA?

A

Wrong in law or principle, wrong in approach, unjust disparity or manifestly excessive

116
Q

What is the time period for appealing from cc to COA?

A

28 days

117
Q

When can cps appeal to the AG regarding sentence?

A

If unduly lenient and the offence is indictable. If either way offence, must be authorised by COA.

118
Q

What is the process for a cc to COA appeal?

A

Notice and grounds served to registrar at COA, registrar obtains transcript and puts papers before a judge.
If appeal is granted, new evidence can be submitted if credible, admissible and there is an explanation for a failure to adduce previously.
If not granted, loss of time direction may be made.

119
Q

What is the test for unfair prejudice?

A
  1. Unfairness - overall background and apply objective test
  2. Prejudice - tangible detriment to be shown by claimant
    Can have legitimate expectation
120
Q

What is the youth court procedure?

A

YC will consider if it is a grave crime. D enters plea. If there is a real prospect of 2+ years of imprisonment will be sent to Cc.

121
Q

In insolvency what happens to the directors’ powers?

A

They lose their powers. If the insolvency is compulsory, they are terminated.

122
Q

When can a floating charge be voidable for insolvency?

A

Automatically void if granted without fresh security to connected stakeholder in 2 years. 12 months if connected.
If unconnected, insolvency at the time does not need to be shown.n

123
Q

When can a preference be voidable for insolvency?

A

If within 2 years for connected, 6 months if unconnected. Insolvency must be proven.

124
Q

When can a transaction at an undervalue be voidable for the purposes of insolvency?n

A

W2years.
If connected, presumption of insolvency.
Defences v good faith to carry on business, and reasonable grounds to believe it would benefit company

125
Q

What is ring fenced for unsecured lenders on insolvency?

A

50% of the first 10k relating to property subject to a floating charge.
20% of anything remaining.
Up to a maximum of £800k.

126
Q

What is court route administration?

A

Court Satisfied company cannot pay debts.
Rescue as going concern, better result for creditors or to sell property for secured lenders.

Must notify qfch and anyone else entitled to appoint admins.

127
Q

What is an out of court administration route for directors?

A

Serve notice on court, qfch and lenders entitled to appoint administrators.
File a statutory declaration that it is unable to pay debts and is not in liquidation.

128
Q

What is an out of court administration route for qfch?

A

Qfch must notify any other qfch.
File at court a stametent that says they are qfch, enforceable fc, and application complies with schedule b1 of insolvency act.

129
Q

Who must approve a cva?

A

75% or more in value of creditors and 50% non connected.
Secured creditors not bound unless they agree.

130
Q

How long is a ciga moratorium?

A

Corporate insolvency and governance act.
20 business days but can be extended for another 20 by directors,

131
Q

When can a company apply for a ciga moratorium?

A

Director statement made that is or will become unable to pay debts as they fall due and monitor states that moratorium would help rescue business as going concern.
Out of court route available unless active WUP or overseas company.

132
Q

If it is personal insolvency, when can transactions at an undervalue be voidable?

A

Up to 5 years prior,.
Do not need to show insolvency unless more that 2 years prior.
If a connected person, there is a rebuttable presumption of insolvency.

133
Q

If private insolvency, when can preferences be voidable?

A

12 months, 6 months.
If connected, rebuttable presumption of insolvency.

134
Q

What is an Iva for a personal bankruptcy?

A

Debtor preps statement of affairs and applies for a moratorium once approved by insolvency practitioner. 14 day moratorium starts.
75% of value creditors must approve, 50% unconnected.

135
Q

Before charge, there is no presumption of bail unless

A

Case is submitted to cps for charging decision, an officer is satisfied it is necessary and proportionate and an inspector authorises it.
Maximum 28 days but can be extended up to 3 months by a superintendent.

Court can grant a further 3 months in exceptional circumstances.

136
Q

How many times can you appeal for bail?

A

Twice, and then you need new circumstances to appeal again.

137
Q

There is a presumption of bail unless

A

Address of name is doubted
Believe person will fail to answer bail
Crime prevention
Detention necessary for sample
End personal injury or damage
For prevention of interference with investigation
Good for their protection

138
Q

Time limit for a civil appeal and grounds

A

21 days
Real prospect of success or some other compelling reason

139
Q

4 criteria for a search order

A

Extremely strong prima facie case, very SRs damages to claimant, clear evidence defendant has the items and may destroy them (real possibility), full and frank disclosure.n

140
Q

Legal test for IMI

A

High degree of assurance c will win

141
Q

Legal test for IPI

A

A serious question to be tried with some chance of success. Damages are not sufficient.

142
Q

3 requirements for a freezing order

A

Good arguable case. Defendant owns assets in jurisdiction. Real risk defendant will dispose of it remove assets.

143
Q

Which formulas to not allow electronic payment?

A

A and B

SQE (3 decks)

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