SQE2 Orals Day 1 (DR Adv & Property Int) Flashcards
Dis Res Advocacy & Property Interview
1
Q
DR: Summary Judgment - that there is no real prospect of success for the claimant / defendant, and what?
A
That there is no other compelling reason to dispose of the matter at trial.
2
Q
DR: That there is no real prospect of success and that there is no other compelling reason to dispose of the matter at trial, is the test for which application?
A
Summary Judgment
3
Q
RD: Summary Judgement - That there is _____________________ and no other compelling reason to dispose of the matter at trial?
A
No real prospect of success
4
Q
DR: Set aside judgement - that there is a real prospect of successfully defending the claim, or, it appears to the court that - what?
A
There is some other good reason why the judgement should be set aside
5
Q
DR: That there is a real prospect of successfully defending the claim, or, it appears to the court that there is some other good reason why the judgement should be set aside, is the test for what?
A
Set aside judgement.
6
Q
DR: Set aside judgement - that there is _____________ and there is some other good reason why the judgement should be set aside?
A
a real prospect of successfully defending the claim.
7
Q
DR: Summary Judgement - Is the test for summary judgment discretionary or mandatory?
A
Discretionary
8
Q
DR: Set Aside default judgement - If a judgment was entered after the time for filing an acknowledgement of service has passed is the court’s power to set aside mandatory or discretionary?
A
Discretionary
9
Q
DR: Security for costs - are these orders mandatory or discretionary?
A
Discretionary
10
Q
DR: Security for costs - who can apply - the applicant or defendant?
A
Defendant
11
Q
DR: What is the test the court will need to be met for an order for Security of costs?
A
There is a belief that the claimant may not be able to pay
That they have changed their address / given false one in order to evade (further) litigation
Taken steps in relation to assets to make it difficult to enforce.
12
Q
DR: Security for costs - The test is that there is a belief the claimant may not be able to pay, that they have changed their address or given a false one in order to evade further litigation, or what?
A
Taken steps in relation to assets to make it difficult to enforce.
13
Q
DR: Security for costs - The test is that there is a belief the claimant may not be able to pay, that they have ___________ to evade litigation, or taken steps in relation to assets to make it difficult to enforce?
A
Changed or given a false address.
14
Q
DR: The test is that there is a belief the claimant may not be able to pay, that they have changed their address or given a false one in order to evade further litigation, or that they have taken steps in relation to assets to make it difficult to enforce, are the factors for which application?
A
Security for costs
15
Q
DR: Security for costs: The test is that there is a belief ??????????????, that they have changed their address or given a false one in order to evade further litigation, or that they have taken steps in relation to assets to make it difficult to enforce.
A
the claimant may not be able to pay
16
Q
DR: Security for costs: Once the need for security of costs has been established, what additional factors will the court take into account when deciding whether or not to make the order?
A
How prompt the application was.
The financial circumstances of the respondent.
All the circumstances of the case.
17
Q
DR: Security for costs: Once the need for security of costs has been established, what additional factors will the court take into account when deciding whether or not to make the order?
How prompt the application was.
The ????????????????s of the respondent.
All the circumstances of the case.
A
financial circumstances
18
Q
DR: Security for costs: Once the need for security of costs has been established, what additional factors will the court take into account when deciding whether or not to make the order?
How prompt the application was.
The financial circumstances of the respondent.
??????????????? of the case.
A
All the circumstances
19
Q
DR: What is the test for an Interim Prohibitory injunction?
A
That there is a serious question to be tried, OR, damages would not be an adequate remedy.
Must additionally also have a real chance of succeeding on, or defeating the claim.
20
Q
DR: That there is a serious question to be tried, OR, damages would not be an adequate remedy.
Must additionally also have a real chance of succeeding on, or defeating the claim.
This is the test for which application?
A
Interim prohibitory injuction
21
Q
DR: Interim prohibitory injunction - can be ordered if there is a serious question to be tried, or what?
Must additionally have a real chance of succeeding on, or defeating the claim.
A
Damages would not be an adequate remedy
22
Q
DR: Interim prohibitory injunction - can be ordered if there is a _______ or damages would not be an adequate remedy?
Must additionally have a real chance of succeeding on, or defeating the claim.
A
Serious question to be tried.
23
Q
DR: Interim prohibitory injunction - can be ordered if there is a serious question to be tried, or damages would not be an adequate remedy?
Must additionally ?????????????????? the claim.
A
have a real chance of succeeding on, or defeating
24
Q
DR: Application for directions should reference the relevant Civil Procedure Rule and what else?
A
The overriding objective
25
DR: What is the overriding objective?
That cases will be dealt with (fairly), justly and at proportionate cost
26
DR: Which application requires reference to a particular civil procedure rule and the overriding objective?
An application for directions.
27
DR: Unless order - is this mandatory or discretionary?
Discretionary
28
DR: Unless order - who can apply - claimant, defendant or either?
Either
29
DR: Unless order - what are they for?
Allows for part or all of a claim to be struck out, unless a certain order is complied with.
30
DR: What is the test for an Unless order? (three limbs)
Other party is in breach or an order
They themselves have complied with the order
In the interests of the overriding objective.
31
DR: Other party is in breach or an order
They themselves have complied with the order
In the interests of the overriding objective.
This is the test for which application?
An Unless order.
32
DR: Unless order - the three limbs of the test are that the other party is in breach or an order, and they have complied with the order, and what?
The order would be in the interests of the overriding objective to enforce court orders, and deal with cases fairly, justly and at proportionate costs.
33
DR: Unless order - the three limbs of the test are that the other party is in breach or an order, ______________________and that the order would be in the interests of the overriding objective (to deal with fairly, justly and at proportionate costs)
That they (themselves) have complied with the order.
34
DR: Unless order - the three limbs of the test are that ____________________, that they themselves have complied with the order, and that the order would be in the interests of the overriding objective (to deal with fairly, justly and at proportionate costs)
The other party is in breach of an order
35
DR: Strike Out - Is this power mandatory or discretionary?
Discretionary
36
DR: When might a Strike Out order be used?
(4 limbs)
The case discloses no reasonable grounds for the claim in law
There has been a failure to comply with a court order, procedural rule, or payment of court fees
That no defence has been offered
The claim is an abuse of process
37
DR: The case discloses no reasonable grounds for the claim in law
There has been a failure to comply with a court order, procedural rule, or payment of court fees
That no defence has been offered
The claim is an abuse of process
This is the test for which application?
Strike Out
38
DR: Relief from sanctions - factors considered: the _______________ of the breach, why it occured, whether the application (for relief) was made promptly, any previous breaches, and whether the sanction is appropriate?
Seriousness
39
DR: When might a Strike Out order be used?
(4 limbs)
The case discloses no reasonable grounds for the claim in law
There has been a failure to comply with a court order, procedural rule, or payment of court fees
That ???????????????
The claim is an abuse of process
no defence has been offered
40
DR: Strike Out - the court can make this order if the statement of case discloses no reasonable grounds for bringing the claim by law, that no defence is offered, the claim is an abuse of process, or what?
There has been a failure to comply with a court order, procedural rule, or payment of court fees.
41
DR: Strike Out - the court can make this order if the statement of case discloses no reasonable grounds for bringing the claim by law, that no defence is offered, ____________ or there has been a failure to comply with a court order, procedural rule, or payment of court fees.
The claim is an abuse of process.
42
DR: What is the test for Relief from sanctions?
That it is necessary to enforce the need for litigation to be conducted efficiently and at proportionate cost
To enforce compliance with the rules, directions and orders.
43
DR: Relief from sanctions - this is to enforce the need for _____________________ and to enforce compliance with the rules, directions and orders?
Litigation to be conducted efficiently and at proportionate cost.
44
DR: Relief from sanctions - this is to enforce the need for litigation to be conducted efficiently and at proportionate cost and what?
To enforce compliance with the rules, directions and orders.
45
DR: Relief from sanctions - factors considered: Seriousness of the breach, why it occured, whether the application (for relief) was made promptly, ______________ and whether the sanction is appropriate?
Any previous breaches
46
DR: Relief from sanctions - factors considered: the _______________ of the breach, why it occured, whether the application (for relief) was made promptly, any previous breaches, and whether the sanction is appropriate?
Seriousness
47
DR: Factors considered: the seriousness of the breach, why it occurred, whether the application (for relief) was made promptly, any previous breaches, and whether the sanction is appropriate?
What test is this?
Relief from sanctions.
48
DR: Adjournment - what factors are considered? Why it is within the overriding objective, why adjournment is necessary, and whether ___________
A prompt application was made after the need arose.
49
DR: Adjournment - what 3 factors are considered?
Why the request meets with the overriding objective
Was made promptly after the need arose
Why the adjournment is necessary.
50
DR: Why the request meets with the overriding objective
Was made promptly after the need arose
Why the adjournment is necessary.
What is this the test for?
Adjournment
51
DR: Adjournment: What factors are considered? Why it is within the ___________, why adjournment is necessary, and whether the application was made promptly.
Overriding objective
52
DR: Adjournment: What factors are considered? Why it is within the overriding objective, why adjournment is necessary, and whether the application _______________.
Was made promptly
53
DR: What are the factors considered in an application for track allocation? Value of claim, whether it involves a protected party or personal injury, or ________________________
Whether the claim is complex
54
DR: What are the factors considered in an application for track allocation? Value of claim, whether it involves a protected party or ____________, or whether the claim is complex
Personal injury
55
DR: What are the factors considered in an application for track allocation? _________________, whether it involves a protected party or personal injury, or whether the claim is complex
Value of claim
56
DR: What are the 3 factors considered in an application for track allocation?
The value of the claim
Complexity
Whether it involves a protected party, or personal injury.
57
DR: The value of the claim
Complexity
Whether it involves a protected party, or personal injury.
What application are these factors for?
Track allocation.
58
DR: Interim payments - which party can apply?
Claimant.
59
DR: Interim payments - Discretionary or mandatory?
Discretionary
60
DR: Interim payments - the defendant must have filed which document?
Acknowledgement of service
61
DR: Interim payments - the defendant must have filed the acknowledgement of service and at least one of the following criteria: _________________, that they have obtained judgement against the defendant, or that it is for a substantial amount of money if it went to trial.
Admitted liability
62
DR: Interim payments - the defendant must have filed the acknowledgement of service and at least one of the following criteria: That they have admitted liability, that they have _________________________, or that it is for a substantial amount of money if it went to trial.
Obtained judgement against the defendant
63
DR: Interim payments - the defendant must have filed the acknowledgement of service and at least one of the following criteria: That they have admitted liability, that they have obtained judgement against the defendant, or that it is for _____________________________
A substantial amount of money if it went to trial.
64
DR: Interim payments - what is the criteria the court will consider?
That the Defendant has filed the acknowledgement of service and at least one of the following:-
They have admitted liability
Judgement has been obtained against the Defendant
Or that it is for a substantial amount of money if it went to trial.
65
DR: That the Defendant has filed the acknowledgement of service and at least one of the following:-
They have admitted liability
Judgement has been obtained against the Defendant
Or that it is for a substantial amount of money if it went to trial.
What is this the test for?
Interim payment
66
DR: What is the test to set aside judgment?
That the defendant does in fact have a real chance at defending the case, and there is some other good reason why the judgement should be set aside.
67
DR: That the defendant does in fact have a real chance at defending the case, and there is some other good reason why the judgement should be set aside.
What is this the test for?
Set aside judgement
68
DR: What is the test for security of costs?
That the claimant has performed actions designed to evade litigation, has change address or given a false address, or has taken steps to move assets outside of the jurisdiction.
69
DR: What is the test for an interim prohibitory injunction?
That damages would not be an adequate remedy, or that there is a serious question to be tried.
70
DR: What should be referred to in an application for directions?
The overriding objective ie that the matter be dealt with justly and at proportionate cost.
71
DR: What is the test for an unless order?
That one party is in breach, that the other has complied, and it would be in the interests of the overriding objective.
72
DR: What is the test for a strike out?
That the statement of case discloses no grounds by law, that no defence is offered, the claim is an abuse of process, or there has been a failure to comply with a court order, procedural rule, or payment of court fees.
73
DR: That the statement of case discloses no grounds by law, that no defence is offered, the claim is an abuse of process, or there has been a failure to comply with a court order, procedural rule, or payment of court fees.
What is this the test for?
Strike Out
74
DR: What is the test and main points that need to be addressed when dealing with relief from sanctions?
When a party is applying for relief from sanctions they will need to show it is unfair including all the circumstances of the case, but in particular:
To enforce compliance with an order, direction or rule, and to ensure litigation is to be conducted efficiently and at proportionate cost.
75
DR: What are the factors considered by the court for relief from sanctions?
The seriousness of the breach, why it occured, whether the application (for relief) was made promptly, any previous breaches and whether the sanction is appropriate.
76
DR: What is the test for adjournment?
All the circumstances, but in particular:-
Why it is within the overriding objective, why adjournment is necessary, and whether the application was made promptly after the need arose.
77
DR: Relief from sanctions.
How does the applying party address their breach that resulted in sanctions?
Address why it was outside of their control.
That there's been no disruption to future hearing dates, and therefore no increased costs for anyone.
78
DR: Relief from sanctions.
How does the applying party address in order to mitigate the need for enforcement of an order?
Explain the reason for the non-compliance, and assure the court it would not happen again.
Highlight any steps taken in relation to this.
79
DR: What factors are considered in an application for track allocation?
Value of claim, whether it involves a protected party or personal injury, and complexity of case.
80
DR: What is the test for interim payment?
the defendant must have filed the acknowledgement of service and at least one of the following criteria: the defendant has admitted liability, that they have obtained judgement against the defendant, or that it is for a substantial amount of money if it went to trial.
81
What are the three basic requirements for formation of a contract?
An offer, an acceptance, and consideration
82
What is the difference between a condition and a warranty?
A condition goes to the heart of the matter, to the degree that the contract couldn't function without it. A warranty is incidental or collateral to the main terms. If unclear which it is, it is an innominate term.
83
What is the test the court uses to decide on the importance of an innominate term?
The court will look to the effect of the breach to determine the appropriate remedy (ie if the non-breaching party will substantially lose the whole benefit of the contract - it's a condition).
84
What are the 4 terms of the Sale of Goods Act 1979?
That the seller has the right to sell the goods, that the goods match any description by the seller, that they are of satisfactory quality, and they are fit for any special purpose to which the buyer tells the seller.
85
What are the 4 terms of the Sale of Goods Act 1979? That the seller has the right to sell the goods, that the goods match any description by the seller, that they are of satisfactory quality, and they are fit _______________________.
For any special purpose to which the buyer tells the seller
86
In a service contract which innominate term is implied regarding the quality of the service?
That the supplier will carry out the service in a reasonable time and with reasonable care and skill.
87
Can a contract under the Consumer Rights Act 2015 exclude or limit terms?
No. It will make the contract void.
88
What are the 4 implied terms under the Consumer Rights Act 2015?
Carried out with reasonable care and skill, completed in accordance with information the consumer relies on (eg a quote), completed for a reasonable price (if none has been agreed) and within a reasonable time (if none has been agreed)
89
What happens in rescission of contract?
The contract is unwound and the parties are put back into the position they would have been in had the misrepresentation not taken place.
90
When does the innocent party lose the right to rescission? (There are 4).
If they found out about the misrepresentation and chose to continue, that they waited so long that the other party would be harmed by the rescission, that it would be impossible to restore the parties to pre contract position, or if a bona fide third-party purchaser for value has gained rights in the matter.
91
Under what condition can a party sue for anticipatory breach?
If the breach goes to a condition of the contract.
92
Under what conditions can a contract be discharged for frustration?
If after the contract has been signed, it becomes impossible or radically different to what was envisioned.
93
What are the basic requirements of negligence?
That a duty of care was owed, and harm was caused.
94
What is the test for Rylands v Fletcher?
That the defendant brings something likely to cause harm on to the land, a non-natural use of the land, the thing escapes and causes damage.
95
What are defences to Rylands v Fletcher?
Unforseeable act of stranger, unforseeable natural circumstance, contributory negligence.
96
What is the test for liability in negligence?
That a duty of care existed, the defendant breached this duty, the breach caused loss or damage to the claimant, and the loss or damage was not too remote.
97
What is the limitation period for personal injury?
3 years from death or from when the PR gained knowledge of a cause.
98
At which value CAN claims start in the high court?
£100k, or £50k personal injury.
99
In which track would a claim between £10k-£25k be filed?
Fast track
100
For claims between £10k-£200k, what is the fee?
5% of the value of the claim.
101
For claims over £200k, what is the fee?
£10k.
102
What is a part 8 claim?
Where there is no dispute of fact.
103
What is a part 20 claim?
Where the defendant replies that, in fact, a named third party was at fault. Must be filed with the defence.
104
The court sends out a questionnaire for fast track and multi track cases, asking for such details as estimate of trial length. Within how long must this be completed?
28 days.
105
There is a very specific timetable for fast track cases. What is it?
Disclosure within 4 weeks, witness statements within 10 weeks, expert reports within 14 weeks, pre trial checklists sent at 20 weeks and returned at 22 weeks, trial at 30 weeks.
106
What are the additional filings required in a multi track case?
Disclosure reports 14 days before conference, costs budgets 7 days before. Case summary setting out main issues in the case.
107
What is the test for applying for a freezing injunction at the high court?
Justifiable cause of action, claimant has good arguable case, defendant has assets in the jurisdiction, real risk that defendant may dispose or move these assets before judgment can be enforced.
108
What is the test for applying for a search order at the high court?
Strong prima facie case, reasons they might hide evidence, clear evidence the property or documents are in the party's possession. Must return docs within 2 days.
109
What are the three groups which documents for disclosure will be placed?
Docs in control do not object to other side inspecting, docs in control they DO object to other side inspecting (give reason), docs no longer in control.
110
What are the reasons to deny inspection of a document?
Privilege, no longer in party's control, disproportionate to allow inspection, needs to be redacted first.
111
What are the reasons to deny inspection of a document? Privilege, no longer _____________________, disproportionate to allow inspection, needs to be redacted first.
in party's control
112
What are the reasons to deny inspection of a document? Privilege, no longer in party's control, disproportionate to _________________, needs to be redacted first.
allow inspection
113
What are the reasons to deny inspection of a document? Privilege, no longer in party's control, disproportionate to allow inspection, needs to be ______________ first.
redacted
114
Disclosure: What should a list for requested documents sought contain?
A description of the document and why relevant, why it is reasonable for it to be disclosed, the grounds for believing they exist, offer safeguards surrounding privicy.
115
What should a list for requested documents sought contain? A description of the document and ______________, why it is reasonable for it to be disclosed, the grounds for believing they exist, offer safeguards surrounding privicy.
why relevant
116
What should a list for requested documents sought contain? A description of the document and why relevant, why it is _______________ for it to be disclosed, the grounds for believing they exist, offer safeguards surrounding privicy.
reasonable
117
What should a list for requested documents sought contain? A description of the document and why relevant, why it is reasonable for it to be disclosed, the grounds for believing _____________, offer safeguards surrounding privicy.
they exist
118
What is common interest privilege?
Documents shared between multiple parties on the same side of an action
119
In DR, can hearsay evidence be used?
Yes, though there is less weight assigned to it.
120
Can witnesses give opinion?
No only as to the speed of a moving car. Experts CAN give opinion though.
121
Under what conditions would a court consider individual experts rather than joint?
High value case, already in place from pre action phase, from different schools of thought, issue the expert is focusing on is significant to the outcome.
122
What is a Tomlin order?
An agreement between the parties to a stay, because they have reached a settlement. Can be picked up where left off if a party defaults.
123
In a multi-track case parties are required to file and serve an AGREED (where possible) case summary. How long should this be and what should it contain?
500 words, clearly specify the issues in dispute and provide details of evidence required at the trial.
124
What are grounds for appeal in DR?
Decision is wrong in fact, law or the exercise of the court's direction, and/or unjust because of SERIOUS procedural or other irregularity in proceedings.
125
What are the two different types of costs?
Standard basis and indemnity basis.
126
What is NOT considered in indemnity based costs?
Proportionality.
127
If the costs bill is more than a certain % than as in the costs budget, what must be filed?
20%, and a statement with reasons.
128
What is a part 36 offer?
An offer to settle that is without prejudice.
129
What is the minimum term a part 36 offer must remain open?
21 days
130
To determine whether something is a fixture or a fitting there are two tests - what are they?
The degree of annexation test, and the purpose of annexation test.
131
What is the degree of annexation test?
If something it physically attached by nails or screws, or will be damaged by removal, it's a fixture.
132
What is the purpose of annexation test?
Whether the owner intended to make it a permanent part of the land eg a statue that is a focal point.
133
What is an easement?
A right to use another's land, to the benefit of another piece of land.
134
If someone purchases a property and wasn't given notice of other EQUITABLE interests in the property, are they binding?
No
135
If someone purchases a property and wasn't given notice of other LEGAL interests in the property, are they binding?
Yes
136
What are the three types of notice that let a purchaser know that there exists an equitable interest, and that it will be binding?
Actual, constructive or Imputed
137
What are the three types of notice that let a purchaser know that there exists an equitable interest, and that it will be binding? ___________, constructive or Imputed
Actual
138
What are the three types of notice that let a purchaser know that there exists an equitable interest, and that it will be binding? Actual, ____________ or Imputed
Constructive
139
What are the three types of notice that let a purchaser know that there exists an equitable interest, and that it will be binding? Actual, constructive or __________.
Imputed
140
What constitutes ACTUAL notice of an equitable interest?
That the purchaser knows of the interest themselves.
141
What constitutes CONSTRUCTIVE notice of an equitable interest?
That the purchaser would have discovered the facts after reasonable enquiry.
142
What constitutes IMPUTED notice of an equitable interest?
That the purchaser was given notice by their agent.
143
When land is registered for the first time there are 4 things which will persist, what are they?
A lease of 7+ years, a legal easement, a local land charge, interest belonging to person in actual occupation.
144
When land is registered for the first time there are 4 things which will persist, what are they? A lease of _____________, a legal easement, a local land charge, interest belonging to person in actual occupation.
7+ years
145
When land is registered for the first time there are 4 things which will persist, what are they? A lease of 7+ years, a legal ___________, a local land charge, interest belonging to person in actual occupation.
Easement
146
When land is registered for the first time there are 4 things which will persist, what are they? A lease of 7+ years, a legal easement, a local ______________, interest belonging to person in actual occupation.
Land charge
147
When land is registered for the first time there are 4 things which will persist, what are they? A lease of 7+ years, a legal easement, a local land charge, interest belonging to person _________________.
In actual occupation
148
Within how long of a triggering even must land be registered?
2 months
149
What details are on the charges register?
Details of Encumbrances on the land such as legl easements and mortgages. Remember Encumbrances / Easements = ChargEs. C=E Claire Elizabeth!
150
In a joint tenancy, how can one of the owners convert the interest to tenants in common - for example to sell their interest?
By giving the joint tenant notice in writing of a desire to sever, by treated their share as separate for example by contracting to sell it, by mutual agreement, by bankruptcy.
151
In a joint tenancy, how can one of the owners convert the interest to tenants in common - for example to sell their interest? By giving the joint tenant notice in writing of a desire to sever, by treating their share as separate for example by contracting to sell it, by _________________, by bankruptcy.
mutual agreement
152
What is the process required to take free of a beneficiary's interest in land?
By overreaching - paying an additional trustee.
153
In a TOLATA case, what factors are taken into account in deciding what should happen where there IS NO declaration of trust?
Intentions of person making the trust, purpose the property was for, welfare of any minor occupant.
154
In a TOLATA case, what factors are taken into account in deciding what should happen where there IS NO declaration of trust? Intentions of person making the trust, _______________ was for, welfare of any minor occupant.
purpose the property
155
Can a subtenant be held liable by the landlord?
No, as they are not in privity with the landlord.
156
A lease longer than which term must be created by deed?
3 years
157
What special conditions apply to a lease shorter than 3 years?
Doesn't need to be via deed, can simply be a written agreement, must be at market price rent without up front fees.
158
What special conditions apply to a lease shorter than 3 years? Doesn't need to be _________, can simply be a written agreement, must be at market price rent without up front fees.
via deed
159
What special conditions apply to a lease shorter than 3 years? Doesn't need to be via deed, can simply be a written agreement, must be at _________________ without up front fees.
market price rent
160
When might a license in fact be a lease, and the landlord is trying to get out of it?
If the tenant has exclusive possession, it's for a fixed or periodic term, and for consideration.
161
When might a license in fact be a lease, and the landlord is trying to get out of it? If the tenant has exclusive possession, it's for a fixed or periodic term, and for _____________.
consideration
162
What does the landlord have a statutory right to do, if a COMMERCIAL tenant fails to pay the agreed rent?
Take control of the tenants goods and sell them.
163
What is a qualified alterations covenant?
Prohibits a tenant making non structural alterations to leased promises without landlord's consent.
164
What can a Landlord do if a tenant breaches a covenant of repair?
They can claim damages, or check whether there is a self help clause (a Jervis + Harris clause) allowing them the right to enter and put right, if the tenant fails to comply with a notice to repair.
165
What is the test that should be applied if there is a qualified covenant against assignment of a lease?
The landlord may not unreasonably withhold consent.
166
After which year do tenants become released from their covenants upon assignment of a lease?
1995
167
What is the test for a prescription?
Benefit over someone's land without permission, for 20 years, without challenge or contribution.
168
What is an implied easement by necessity?
If the property is landlocked and needs access to a road.
169
Does an implied easement by necessity - such as access to a road - pass with a property?
If the easement is continuous and apparent, necessary, was being used by the seller at the time the land was sold.
170
Does an implied easement by necessity - such as access to a road - pass with a property? If the easement is ___________ and _____________, necessary, and was being used by the seller at the time the land was sold.
continuous and apparent
171
Does an implied easement by necessity - such as access to a road - pass with a property? If the easement is continuous and apparent, necessary, and was ____________________ at the time the land was sold.
being used by the seller
172
Generally, to whom are positive covenants binding?
Only the original contracting parties.
173
What is the test to enforce a negative / restrictive covenant?
The covenant must 'touch and concern' the land of the covenantee, that the parties intended for it to remain in effect, at the time made the covenantee held the legal estate, the covenantee's successor now hold's the legal estate.
174
What is the test to enforce a negative / restrictive covenant? The covenant must ________________ the land of the covenantee, that the parties intended for it to remain in effect, at the time made the covenantee held the legal estate, the covenantee's successor now hold's the legal estate.
'touch and concern'
175
What is the test to enforce a negative / restrictive covenant? The covenant must 'touch and concern' the land of the covenantee, that the parties intended for it ________________, at the time made the covenantee held the legal estate, the covenantee's successor now hold's the legal estate.
to remain in effect
176
How long is an Energy performance Certificate (EPC) Valid for?
10 years
177
What are defects in title?
Missing documents - make the seller's solicitor investigate.
178
What must the seller's solicitor ask the lender for to ensure the sale proceeds are sufficient?
An indicative redemption figure.
179
What should the property information form contain information about?
Disputes, Building work / alterations, notices, flooding, services crossing the property, utilities connected, occupiers.
180
What are the two types of defects, and which ones should be disclosed?
Patent and latent defects. Latent defects must be disclosed.
181
If a seller breaches duty of disclosure with regard to latent defects, what rights does the buyer have?
Withdraw after exchange, claiming damages.
182
On a lease contract, what else must the landlord supply in addition to the usual documents required on a sale?
Copy of building insurance, and last 3 years services charges.
183
Who holds the buyer's deposit as stakeholder?
The seller's solcitor.
184
What is a full title guarantee?
That the seller is entitled to sell the property, that they will do all in their power to transfer the title, and that it is free of all charges and encumbrances.
185
What is a full title guarantee? That the seller is entitled to sell the property, that they will do all in their power to ________________, and that it is free of all charges and encumbrances.
transfer the title
186
What is a full title guarantee? That the seller is entitled to sell the property, that they will do all in their power to transfer the title, and that it is free of all charges and _____________.
encumbrances
187
When will the completion date be, if no date is stipulated on the exchange of contracts, and by what time?
20 working days after exchange, by 2pm.
188
Which search should always be carried out?
A local search.
189
What does a local search look for?
Financial registrations against the property, Planning agreements, Tree preservation orders, Listed building status, Road adoption, public rights of way, Whether the property abuts common land or a village green.
190
What does a local search look for? Financial registrations against the property, ______________ agreements, Tree preservation orders, Listed building status, Road adoption, public rights of way, Whether the property abuts common land or a village green.
Planning
191
What does a local search look for? Financial registrations against the property, Planning agreements, Tree preservation orders, Listed building status, ___________ adoption, public rights of way, Whether the property abuts common land or a village green.
Road
192
What does a local search look for? Financial registrations against the property, Planning agreements, Tree preservation orders, Listed building status, Road adoption, public rights of way, Whether the property abuts _______________ or a __________________.
common land or a village green
193
Aside from a local search, what are the two other searches that the buyer's solicitor will always do?
Drainage and Water, Environmental
194
If the property is unregistered, what search will additionally take place?
Index map search
195
If the seller is a company, what other search will additionally take place?
Company search
196
If the buyer is obtaining a mortgage, what additional search does the buyer's solicitor do?
Bankruptcy search
197
What must the buyer's solicitor insist the buyer do before exchanges?
Visit the property to look for any patent defects and occupiers.
198
What does deemed permission cover in planning?
Small home extensions, adding a porch or conservatory, or putting up a fence
199
As well as carrying out mining operations, what are the two main strands of the Planning Act 1990 that a land owner needs permission to obtain? Make _________________ and making material changes of use.
structural changes
200
As well as carrying out mining operations, what are the two main strands of the Planning Act 1990 that a land owner needs permission to obtain? Make structural changes and making __________________ of use.
material changes
201
If deemed planning permission does not cover the plans, what type of application must be made for?
Express planning permission.
202
If planning permission is sought and approved, within how long must the work start?
3 years
203
If outline permission is obtained, within how long must the work start?
5 years (though full planning permission must be granted in the first 3)
204
Within how long must a notice of enforcement be served, in relation to a planning breach?
4 years
205
Within how long must a notice of enforcement be served, in relation to a material change of use?
10 years
206
Within how long must a notice of enforcement be served, in relation to a listed building?
Any length.
207
Within how long of a breach of building regulations must the local authority take enforcement action?
12 months
208
Where at least 12 months has passed in relation to a breach of building regulations, what can the local authority still do?
Seek an injunction requiring the owner to bring the building up to standards.
209
What can a buyer do to protect themselves from breach of planning laws or building regulations after the relevant enforcement period has passed?
Ask the seller to provide indemnity insurance.
210
Do commercial buildings require planning permission to change use?
Yes. Most commercial buildings fall into the same bracket, but there is a separate class for public buildings such as libraries, exhibition halls, churches and law courts, and another specifically for small shops selling essential goods.
211
What is the search that is performed prior to completion?
Search with priority.
212
How long does the pre-completion search with priority provide priority for?
30 working days.
213
Which exchange method is Formula A? (Think A is first - therefore 1 (solicitor))
Seller's solicitor holds both signed parts plus deposit cheque. Seller's solicitor confirms both same and inserts exchange and completion dates on both.
214
What exchange method is Formula B?
Both solicitors hold clients signed part. Both solicitors confirm over phone that versions are the same. Each then sends their signed part to the other.
215
What exchange method is Formula C?
Where there is a chain. Two calls, first to confirm everyone ready, then the second to confirm actual exchange.
216
If completion date is more than two weeks after exchange, what could the solicitor do to protect buyer's position?
Register the estate contract on the charges register.
217
What search must a solicitor do prior to completion for unregistered land?
full land charges search - provides a period of 15 working days.
218
When does a title actually change hands (completion) for registered and unregistered land?
Registered - when registered at HMLR, Unregistered - upon completion.
219
On completion which solicitor acts as agent - and what do they do?
The seller's solicitor. Date and execute the transfer.
220
Within how long should stamp duty be paid?
14 days
221
What remedy does the buyer have if information was incorrect after exchange?
Damages. Can only rescind if error was fraudulent, or if the buyer took the property it would be SUBSTANTIALLY DIFFERENT in quality or quality.
222
After which time on completion day can damages be claimed for delay?
2pm. After which they are treated as having completed the following day.
223
If there is a long delay, what can either innocent party do?
Service a notice complete. Only if ready, willing and able. Default party then has 10 days. Time becomes of the essence.
224
If after 10 days of time being of the essence, the property has still not completed, what options are there for the BUYER?
Rescind the contract, reclaim deposit with interest, claim damages to put in position had seller performed, seek specific performance.
225
If after 10 days of time being of the essence, the property has still not completed, what options are there for the BUYER? Rescind the contract, reclaim _________________, claim damages to put in position had seller performed, seek specific performance.
deposit with interest
226
If after 10 days of time being of the essence, the property has still not completed, what options are there for the BUYER? Rescind the contract, reclaim deposit with interest, claim damages to put in position had seller performed, seek _________________.
specific performance
227
If after 10 days of time being of the essence, the property has still not completed, what options are there for the SELLER?
Rescind contract, retain deposit, resell property, claim damages (limited to difference between contract price and price resold for).
228
If after 10 days of time being of the essence, the property has still not completed, what options are there for the SELLER? Rescind contract, retain deposit, ____________ property, claim damages (limited to difference between contract price and price resold for).
resell
229
If after 10 days of time being of the essence, the property has still not completed, what options are there for the SELLER? _______ contract, retain deposit, resell property, claim damages (limited to difference between contract price and price resold for).
Rescind
230
If after 10 days of time being of the essence, the property has still not completed, what options are there for the SELLER? Rescind contract, retain _______________, resell property, claim damages (limited to difference between contract price and price resold for).
deposit,
231
If after 10 days of time being of the essence, the property has still not completed, what options are there for the SELLER? Rescind contract, retain deposit, resell property, claim damages (limited to _____________________).
difference between contract price and price resold for
232
What is the name of the protection a commercial client has which gives them a right to remain in the property unless the landlord uses a statutory method to terminate the lease?
Security of tenure.
233
What must happen for the landlord and tenant to contract out of the security of tenure?
Serve a health warning at least 14 days prior, tenant signs declaration confirming agree to health warning, lease must reference the health warning, the tenant's declaration and the agreement to contract out.
234
What must happen for the landlord and tenant to contract out of the security of tenure? Serve a _________________ at least 14 days prior, tenant signs declaration confirming agree to health warning, lease must reference the health warning, the tenant's declaration and the agreement to contract out.
health warning
235
What must happen for the landlord and tenant to contract out of the security of tenure? Serve a health warning at least 14 days prior, tenant signs ______________ confirming agree to health warning, lease must reference the health warning, the tenant's declaration and the agreement to contract out.
declaration
236
What is a S25 notice?
Landlord seeking to terminate tenancy
237
What is a S26 notice
Tenant informing landlord of desire for new lease.
238
Between how many months must s25 and s26 notices be served?
6 and 12 months.
239
What are grounds for a s25 notice?
Tenant breach of obligation (repair, persistent delays in rent) [DISCRETIONARY], landlord requires whole building for subsequent letting [DISCRETIONARY], availability of suitable alternative accommodation, landlord intends to demolish or reconstruct premises, landlord intends to occupy the premises.
240
What are grounds for a s25 notice? Tenant breach of obligation (___________ or _________________) [DISCRETIONARY], landlord requires whole building for subsequent letting [DISCRETIONARY], availability of suitable alternative accommodation, landlord intends to demolish or reconstruct premises, landlord intends to occupy the premises.
repair or persistent delays in rent
241
What are grounds for a s25 notice? Tenant breach of obligation (repair, persistent delays in rent) [DISCRETIONARY], landlord requires _______________ for subsequent letting [DISCRETIONARY], availability of suitable alternative accommodation, landlord intends to demolish or reconstruct premises, landlord intends to occupy the premises.
whole building
242
What are grounds for a s25 notice? Tenant breach of obligation (repair, persistent delays in rent) [DISCRETIONARY], landlord requires whole building for subsequent letting [DISCRETIONARY], availability of __________________, landlord intends to demolish or reconstruct premises, landlord intends to occupy the premises.
suitable alternative accommodation
243
What are grounds for a s25 notice? Tenant breach of obligation (repair, persistent delays in rent) [DISCRETIONARY], landlord requires whole building for subsequent letting [DISCRETIONARY], availability of suitable alternative accommodation, landlord intends to demolish or _______________ premises, landlord intends to occupy the premises.
reconstruct
244
What are grounds for a s25 notice? Tenant breach of obligation (repair, persistent delays in rent) [DISCRETIONARY], landlord requires whole building for subsequent letting [DISCRETIONARY], availability of suitable alternative accommodation, landlord intends to demolish or reconstruct premises, landlord intends to ______________ the premises.
occupy
245
When receiving a s26 from tenant, how long does the landlord have to respond?
2 months.
246
If the landlord intends to rely on requiring whole premises (for either letting as whole, demolishing or occupying) what compensation is payable?
The rateable value of the property, and if occupier for over 14 years, DOUBLE the rateable value.
247
What is the maximum fixed term a court can order a lease to run for?
15 years.
248
Within how long should a trial take place in Fast Track?
30 weeks
249
Which track is correct for a claim of £12,000
Fast Track
250
Which track is correct for personal injury of £1000
Small claims
251
What is the starting amount of claim for multi track?
£25,000
252
What are the typical leasehold covenants?
Pay rent, enjoy quiet enjoyment, make repairs where needed.
253
Must assignment of lease be by deed?
Yes
254
What is surrender of a lease?
Where the parties agree the tenant will give up possession to the landlord.
255
What is a lease 'merger'?
Where parties agree the landlord will transfer the reversion to the tenant.
256
What is a break clause in a lease?
An optional clause allowing the parties to terminate early.
257
What happens to the sublease, when the head-lease is brought to an end by expiry, notice to quit or forfeiture?
It also ends
258
What happens to the sublease, when the head-lease is brought to an end by surrender or merge?
The sublease continues under the new arrangement.
259
Interim Prohibitory Injunction - what are the 4 limbs?
There is a serious question to be tried, damages would not be an adequate remedy for the loss, the balance of convenience lies in favour of the injunction, cross-undertakings can be offered for damages.
260
Interim Prohibitory Injunction - what are the 4 limbs? There is a serious question to be tried, damages would _______________________ for the loss, the balance of convenience lies in favour of the injunction, cross-undertakings can be offered for damages.
not be an adequate remedy
261
Interim Prohibitory Injunction - what are the 4 limbs? There is a serious question to be tried, damages would not be an adequate remedy for the loss, the _____________________ lies in favour of the injunction, cross-undertakings can be offered for damages.
balance of convenience
262
Interim Prohibitory Injunction - what are the 4 limbs? There is a serious question to be tried, damages would not be an adequate remedy for the loss, the balance of convenience lies in favour of the injunction, ___________________ can be offered for damages.
cross-undertakings
263
Which number CPR rule is regards to appointing experts?
CPR 35
264
Which number CPR rule is regards to limit the scope of a search?
CPR 31
265
What are the three main factors to consider in boundary disputes?
To encourage a negotiated settlement to avoid litigation, declaration of property disputes can affect a sale, adverse possession - land registry may award title if there's a reasonable mistake as to boundaries.
266
What are the three main factors to consider in boundary disputes? To encourage a negotiated settlement to ____________________, declaration of property disputes can affect a sale, adverse possession - land registry may award title if there's a reasonable mistake as to boundaries.
avoid litigation
267
What are the three main factors to consider in boundary disputes? To encourage a negotiated settlement to avoid litigation, declaration of property disputes __________________, adverse possession - land registry may award title if there's a reasonable mistake as to boundaries.
can affect a sale
268
What are the three main factors to consider in boundary disputes? To encourage a negotiated settlement to avoid litigation, declaration of property disputes can affect a sale, adverse possession - land registry may award title if there's a _____________________________.
reasonable mistake as to boundaries
269
DR: Security for costs: Once the need for security of costs has been established, what additional factors will the court take into account when deciding whether or not to make the order?
How ???????? the application was.
The financial circumstances of the respondent.
All the circumstances of the case.
prompt
270
DR: Relief from sanctions - what are the five factors considered?
Seriousness of the breach, why it occurred, whether the application (for relief) was made promptly, any previous breaches, and whether the sanction is appropriate?
271
What ar the new rates for Capital Gains Tax?
Lower rate 18%
Higher rate 24%
272
What is the new name for the CCMCC?
Civil National Business Centre
273
When the court is asked to grant a new lease following breakdown between parties, what is the longest period that can be ordered?
15 years.
274
What should the solicitor do when there are two buyers?
Advise on co-ownership methods.
275
What is the first task of a solicitor instructed on a sale?
Investigate title.
276
When reviewing a registered title, what must the solicitor check to check for mortgages?
Charges register
277
When reviewing an unregistered title, what obvious aspect should the solicitor ensure is consistent between documents, and the buyer's details now?
Whether there have been any changes in name.
278
When reviewing an unregistered title, what should immediately set alarm bells ringing?
When there has been an event that SHOULD have provided for first registration, but didn't.
279
What does the solicitor ask a lender for where there is a mortgage?
Indicative redemption figure
280
What is the name of the document which shows the property's location (often with red outline indicating the land included in the title)?
Title plan
281
What is included in a contract package for a residential transaction?
Draft contract in duplicate
Property Information form
Fittings and Contents form
Copy of seller's title (unregistered needs 15 years)
Copy of title plan
Any guarantees or planning permissions.
282
With regard to defects; it is considered a tort to do this... what is it?
To wilfully hide patent defects
283
What is the doctrine of Caveat Emptor?
Buyer beware - buyer buys without notice of any PATENT defects, so should always return to the property to examine.
284
What is in the contract package for a lease?
Draft contract with lease annexed
Seller's freehold title
PIF (Property Information Form)
Replies to standard enquiries - boundaries, disputes, services supplied to the flat.
285
What additional paperwork is required for a new build?
Copy of planning permission and building regs consent
Agreements with LA / Water company relating to roads, street lights, drainage etc
New building warranty (for up to 10 years total)
Service charge budget
Management company details for common areas.
286
If a contract discloses obligations that will bind the buyer eg to maintain a fence, and the standard conditions of sale provide that this is agreed, what is the effect on the obligation on the seller?
They are indemnified.
287
If no completion date is inserted, what do the standard conditions provide for it to be?
20 working days after exchange.
288
What information can be found on the charges register?
Charges eg mortgages
Positive covenants eg to maintain a fence
Restrictive covenants eg not to change property type
Burdens / encumbrances that other property has over this property.
289
What information can be found on the property register?
Address
Title plan (boundary etc)
Rights the property has over any other property
290
What information can be found on the proprietorship register?
Name of current holder of estate (ie freehold / leasehold)
Restrictions - eg preventing the granting of a lease.
Class of title - eg absolute freehold
291
What must be established in order to qualify for absolute leasehold title?
15 years root of title, with nothing that casts doubt on it.
292
What information needs to be obtained with regard to the property that is being sold?
Address
Freehold / leasehold
How long have you been there?
How was it purchased?
Purchased with anybody else?
Valid EPC?
293
Who's contact information should be obtained during interview?
Client
The property in question
Solicitors for the other side
Estate agents
Bank / mortgage
294
What information needs to be gathered regarding a property that is being purchased?
Address
Freehold / leasehold
Buying with anybody else?
Any related sale / purchase
295
What information needs to be gathered with regard to monies?
Whether buying with a mortgage
If so with who?
Amount on mortgage / remaining on mortgage
How any other funds being obtained
Mortgage account number
Any related sale / purchase
296
When leasing a property what additional questions should be asked?
How long is the lease
Management company details
Service charges
Insurance
Details of communal areas
297
If any significant issues arise during the appointment, what question should be asked?
Whether they would still buy or sell, if....
298
What are the two main taxes to consider?
SDLT
CGT
299
How should the interview be started?
PIPE
Introduce self
Explain taking notes
Propose STRUCTURE of interview
Any PAPERWORK brought in?
300
Approximately how should the interview be structured?
GCRAP
Gather information
Client's questions
Ask what the client would like to happen
Preliminary advice
Reassure client
301
How should the interview be concluded?
APET
Any other questions for me?
Propose next steps
Explain will write to them about what's been said
Thank them for instructing
302
What does a local search cover?
Any restrictions against the property by the LA
Planning agreements, development, tree preservation orders
Listed buildings
Adopted roads, rights of way
303
What optional searches can take place as part of the local search?
Private road proposals
Gas pipelines
Whether land abuts common land or village green
304
If the land is considered to abut common land or village green, what are the common implications?
Restrictions on planning consent
305
Other than land search, which are the two other common searches?
Drainage and water search
Environmental search
306
If a seller says they believe the land is unregistered, what search can be carried out to find out?
Index map search.
307
Which additional type of search should be carried out if the property is unregistered OR has not been transferred since October 2013?
Chancel liability search
308
If the seller of the property is a company, what sort of additional search should be carried out?
Company search (checking for liquidation / winding up proceedings)
309
If buyer is buying with a mortgage, what additional type of search will the buyer's solicitor carry out?
A bankruptcy search.
310
What type of developments are allowed under 'permitted developments'?
Small extensions, porches, conservation areas, porches, conservatories, putting up fences.
311
What type of permission is required for any development not covered by 'permitted developments'?
Express permission.
312
Within how long can the LA enforce building regulation breaches?
12 months in Wales, 10 years from completion of the work in England.
313
Within how long can breaches of planning permission be pursued by the LA?
10 years of the breach.
314
Why can't a client exchange quickly, when there's no chain but buying with a mortgage?
Searches would need to be carried out, which the bank providing the mortgage would require.
315
What details would need to be provided by a management company in a property with a lease?
Last 3 years service charges
Details of any sinking fund
Insurance policy
Any upcoming changes / costs
316
If there are upcoming large payments to a management company, for instance for renovations, what might a seller want to do?
Be prepared to lower the price to accommodate.
317
What should a buyer do if there is a piece of land which doesn't appear to be included in the sale?
Raise enquiry of solicitors
Check records at HMLR - INDEX MAP SEARCH
Check whether land has its own number
Enquire about what its used for
318
What are the conditions for adverse possession?
That the land must have been used WITHOUT permission, EXCLUSIVELY with intention to possess, and have actual possession.
319
What enquiries should be raised with regard to easements across the property being purchased?
What are they, what do they relate to?
If sewerage pipe - where, need to know so as not to dig into it.
Is there any contribution towards maintenance?
Is it in a good state of repair?
Is the seller prepared to sort any disrepair?
Is it an informal easement that needs to be made formal?
Will there be any cost implications to formalising a necessary easement?
320
If buying a piece of unregistered land annexed to the property, what can the buyer ask of the sellers?
That they register it before purchase.
Whether they would include it in the sale.
321
What is the downside of asking the seller to register land?
The delay created.
322
What can be done when representing a buyer, and planning permission was not obtained?
Ask the seller to seek retrospective planning permission.
323
What can be done when representing a seller and a search has identified lack of planning permission?
Seek retrospective planning permission.
324
If representing a buyer and seller fails to get retrospective planning permission, what advice should be given?
Ascertain whether they would still go ahead with the purchase
Advise that they themselves would be liable
Ask if they could do without a particular purpose the permission was needed for
Would they pull down the part that planning permission was not obtained for?
They could ask for a reduction in price.
325
DR: Track allocation
What are the names of the four tracks?
Small claims
Fast Track
Intermediate track
Multi-track
326
DR: Track allocation
What are the values assigned to the small claims track, including PI claims?
£10k or less
£5k or less PI
Up to £1k if RTC claim and NOT driver
327
DR: Track allocation
What are the values, trial length and expert witness stipulations assigned to the fast track, not including PI?
£10k-£25k
1 day trial (max)
2 expert witnesses per party (max)
Experts limited to two subject fields
328
DR: Track allocation
What are the values, trial length and expert witness stipulations assigned to the intermediate track, not including PI?
£25-£100k
3 day trial (max)
2 expert witnesses per party (max)
329
DR: Track allocation
What is the value and stipulation for multi track (high court) allocation?
£100k+
Not suitable for Fast track
330
DR: Track allocation
What is the value and stipulation for claims that can be allocated to small claims for RTC & PI?
£10k total BUT PI value of the claim is under £5k
Cannot exceed £1k if the claimant was a pedestrian, passenger, cyclist or biker.
Think - not a driver
331
DR: Track allocation
What is the value and stipulation for claims that can be allocated to Fast track for RTC & PI?
£10k-£25k BUT PI of claim is £5k or less (note, this is different from non PI cases)
1 day trial max
2 expert witnesses per party
Limited to 2 subject matters
£10k or less where there is a claim for whiplash.
£1k or above where party is a protected party
332
DR: Track allocation
What is the value and stipulation for claims that can be allocated to Intermediate track for RTC & PI?
£25k-£100k BUT PI of claim is £5k or less (note, this is different from non PI cases)
1 day trial max
2 expert witnesses per party
Limited to 2 subject matters
£10k or less where there is a claim for whiplash.
£1k or above where party is a protected party
333
DR: Track allocation
Cases can be 'stayed' for what?
ADR
334
DR: Track allocation
The CCMCC is now know as what?
Civil National Business Centre
335
DR: Track allocation
What is the CNBC (Civil National Business Centre) used for?
Monitoring costs and case management decision
336
DR: Track allocation
A claimant starts a claim for breach of contract and negligence against a painter alleging poor work and consequential losses. The claim set out the damages at £8k. Which court will the claim be allocated to?
Small claims.
337
DR: Track allocation
Claim from RTA. Liability not disputed. Parties agree the damage to the car was £9k. Claimant also claims for hire vehicle for £4k, which the D disputes as D had access to another vehicle. Which track would this be allocated to and why?
Small claims as the matter in dispute is £4k.
338
339
340
DR: Non-compliance in directions
What can this result in?
Most commonly an 'unless order'
Striking out of a claim, defence or counter-claim (as a last resort)
341
DR: Non-compliance in directions
What would be the standard wording of an unless order?
Unless the defendant serves its disclosure list by X date, then the defence will be struck out
342
DR: Non-compliance in directions
What are the consequences of a strike out, other than the strike out of the relevant part?
Costs orders
Indemnity costs
May require defaulting party to pay money into court
May restrict number of witness
May de-bar a party from relying on evidence
May disallow evidence.
343
DR: Non-compliance in directions
What are the consequences of a strike out, other than the strike out of the relevant part?
?????? orders
Indemnity costs
May require defaulting party to pay money into court
May restrict number of witness
May de-bar a party from relying on evidence
May disallow evidence.
Costs
344
DR: Non-compliance in directions
What are the consequences of a strike out, other than the strike out of the relevant part?
Costs orders
??????????? costs
May require defaulting party to pay money into court
May restrict number of witness
May de-bar a party from relying on evidence
May disallow evidence.
Indemnity
345
DR: Non-compliance in directions
What are the consequences of a strike out, other than the strike out of the relevant part?
Costs orders
Indemnity costs
May require defaulting party to ???????????
May restrict number of witness
May de-bar a party from relying on evidence
May disallow evidence.
pay money into court
346
DR: Non-compliance in directions
What are the consequences of a strike out, other than the strike out of the relevant part?
Costs orders
Indemnity costs
May require defaulting party to pay money into court
May restrict ???????????
May de-bar a party from relying on evidence
May disallow evidence.
number of witness
347
DR: Non-compliance in directions
What are the consequences of a strike out, other than the strike out of the relevant part?
Costs orders
Indemnity costs
May require defaulting party to pay money into court
May restrict number of witness
May de-bar a party from relying on evidence
May disallow ???????
evidence.
348
DR: Relief from sanctions
This would usually follow an Unless order not being followed. Who may apply?
The defaulting party
349
DR: Relief from sanctions
What factors will the court consider? (4)
Seriousness of the breach
Why the breach occurred (eg serious illness)
Efficiency and proportionality
Circumstances of the case
350
DR: Relief from sanctions
What factors will the court consider?
???????? of the breach
Why the breach occurred (eg serious illness)
Efficiency and proportionality
Circumstances of the case
Seriousness
351
DR: Relief from sanctions
What factors will the court consider?
Seriousness of the breach
Why ????????????? (eg serious illness)
Efficiency and proportionality
Circumstances of the case
the breach occurred
352
DR: Relief from sanctions
What factors will the court consider?
Seriousness of the breach
Why the breach occurred (eg serious illness)
????? and ??????????
Circumstances of the case
Efficiency and proportionality
353
DR: Relief from sanctions
What factors will the court consider?
Seriousness of the breach
Why the breach occurred (eg serious illness)
Efficiency and proportionality
????????????? of the case
Circumstances
354
DR: Freezing order
Which court must this be made at?
High court (but in chambers)
355
What should the solicitor ask for from the lender with regard to a mortgage, early on in the conveyancing process?
An indicative redemption figure.
356
If clients are buying as tenants in common then what should the solicitor advise is set up?
A declaration of trust, setting out their shares of ownership.
357
