SRA SQE Practice Paper Flashcards
Court of appeal hears arguments on decision of privy council Vs earlier decision of court of appeal
How should court of appeal treat two decisions?
Court should consider itself bound by earlier decision of court of appeal
Solicitor acts for client
2 days before transaction due to complete he thinks client laundering money.
Solicitor reports transaction to nominated officer who makes suspicious activity report to relevant authority
What action should solicitor take next?
Proceed with transaction only after receiving authorization from relevant authority
Can buyer rescind contract after demolishing outbuildings and adding an extension?
Can buyer rescind the contract ?
No because restitution is impossible
If company is partly responsible for losses ?
Yes a company is under a duty to minimize its losses by moving the drums
What is the status of a biased decision ?
If the facts suggest to the court a fair minded and informed observer would conclude that there was a real possibility of bias, the decision will be held unlawful.
Solicitor acts for a client who is raising finance secured against his home to fund his new business. The solicitor will be providing advice and preparing necessary documentation in connection with the mortgage.
Client asks solicitor to explain key differences between a repayment and endowment mortgage. Neither solicitor nor it’s firm authorized by FCA to carry on regulated activity.
Can solicitor give the explanation requested about the types of mortgages ?
Yes because provision of generic advice is outside the scope of the Financial Services and Markets Act 2000(FSMA)
Can a woman Recover damages against a third party for traumatic neurosis ?
No because third party did not owe the woman a duty of care
If commit a crime during a suspended sentence order can a mag court activate the sentence of imprisonment ?
Yes because man committed an offence during the operational period of the suspended sentence order.
3 trustees appointed for trust for children. Two children reached 18 now. Remaining kids still under 18. Trust consists of shares.
1 trustee dies.
Is it necessary to appoint replacement trustee ?
No requirement to appoint new trustee as there is 2 remaining trustees
What is a contingent interest
An interest does not take effect until a condition (contingency) is met
Where does a solicitor look for rights of way to confirm its properly registered when examine the land registry official copy of the title?
An entry referring to an easement in the property register
How long must partner own shares in partnership and what is the result of owning shares for that period ?
Value of partnership share will not incur IHT if owned for 2 years. 100% business property relief available meaning no IHT to be paid on partnership share
What is claimant required to prove for a mandatory qua timet injunction ?
Proof of imminent physical harm or damage
Payment to witness for attending court must be ?
An amount sufficient to cover reasonable travel expenses and compensation for loss of time
When must trial bundle be filed at court?
Not more than 7 days but not less than 3 days before the start of the trial
For disabled persons what must a firm do if person can’t get in to the office ?
Firms may have duty to make reasonable adjustments to ensure client is not at a substantial disadvantage compared to non-disabled persons
For legal aid what is the in out initial means test figures (mag court)
Annual household income minus living costs and family expenses = 12475 or less the person entitled to legal aid
Where annual income minus living costs and family expenses =22325 or more NO representation order will be granted unless showing hardship
For legal aid what is the in out full means test figures (mag court)?
If claimant income between 12375 and 22325
If disposal income is 3398 or less = they will get legal aid
If disposal income is more than 3398 = NO representation will be granted
If you dispute a document when must you serve a notice to prove document ?
Must be served at the latest date for servicing witness statements or within 7 days of disclosing the document whichever is later
What is the Alcock test for secondary victims to succeed in claim for psychiatric injury
1 injury must be induced by shock which is sudden appreciation by sight or sound of horrifying event
2 reasonably foreseeable that claimant would suffer psychiatric injury as their relationship of love and affection with primary victim sufficiently close
3 claimant proximity to event or its immediate aftermath was sufficient in time and space
4 claimant suffered psych injury through seeing or hearing the accident or it’s immediate aftermath
Requirements for accepting settlement offer for a child personal injury?
1 obtain court approval
If claim has not been issued claim -must commence part 8 proceedings and include request for court approval with consent order form N292
