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FLK1 > Test revision > Flashcards

Test revision Flashcards

1
Q

Does the High Court have to follow CJEU decisions made after the withdrawal period?

A

No - they may follow them but they are not bound to follow them.

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2
Q

What should the value of the claim be on the claim form?

A

The value in dispute ignoring interest, contributory negligence and other factors. Make sure to take away any value not in dispute.

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3
Q

In a negligence claim against a child, why would the mother be responsible?

A

For her OWN negligence for not supervising the child (not the child’s negligence)

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4
Q

When two experts in a case meet, what do they do?

A

Identify issues, try to agree and try to file a joint statement

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5
Q

In a company with one class of shares, what resolutions must be passed to misapply pre-emption rights?

A

A members special resolution to disapply pre-emption rights only. Directors have the power to allot shares if there is only one class of shares

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6
Q

What is the Public Sector Equality Duty?

A

Places requirements on bodies in the public sector including local councils including showing a regard for removing or eliminating disadvantages suffered by those who have a protected characteristic

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7
Q

When can capital losses be used?

A

They can be used to offset gains in future years, but cannot be used to offset any other income. If losses exceed gains, it can be carried forward.

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8
Q

Do companies have an annual exempt amount for CGT?

A

No - they are charged corporation tax of 19% and have no exempt amount.

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9
Q

Can you claim for lost years if life expectancy is shortened?

A

Yes, but it will be reduced by the amount you would have spent on living expenses during that period.

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10
Q

Can you have a non-compete clause in an employment contract?

A

These restrictive covenants are usually void for illegality unless a court finds it is reasonably necessary to protect the employer’s legitimate interests

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11
Q

Is voluntary assumption of risk a complete defence?

A

Yes, if you encourage a driver to drive drunk for example, you will not be able to claim for negligence.

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12
Q

Pure economic loss caused by negligent misrepresentation requirements

A

The defendant KNOWS the purpose of the statement and the person to whom it is being made

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13
Q

Designated Professional Bodies Exemption

A
  1. must be incidental to both the legal advice and the work of the firm as a whole 2. must not receive compensation from anyone else without accounting to the client for it (applicable for insurance even)
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14
Q

Who is able to make an application for security of costs?

A

The defendant only - if worried the claimant will not be able to pay costs

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15
Q

What are exempt assets for chargeable gains?

A

cars (moveable wasting chattels), government stocks. They cannot be used to offset losses either.

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16
Q

Under the model articles, what powers do directors have on the application to register share transfer?

A

Absolute power to refuse.

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17
Q

If a witness cannot be found and did not sign a witness statement, what can the solicitor do?

A

seek permission to serve a witness summary that the witness would give if called.

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18
Q

Ground for judicial review - right to be heard

A

Before a decision is made that adversely affects an individual, that individual has the right to be heard

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19
Q

What dispute does the Chancery division deal with? (10 plus 2 specialist courts)

A
  1. Equity & trusts
  2. commercial fraud
  3. tax
  4. IP
  5. land
  6. business disputes
  7. contentious probate
  8. regulatory work
  9. bankruptcy
  10. insolvency matters
    PLUS Bankruptcy court and Companies Court (shareholder disputes, insolvency matters)
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20
Q

What disputes does the King’s Bench division deal with? (6)

A
  1. Defamation
  2. Breach of contract
  3. negligence
  4. PI
  5. land possession
  6. non-payment of debts
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21
Q

What are the specialist courts?

A

Technology and Construction Court and Commercial Court

22
Q

When does the acting through an authorised person not apply?

A

when you receive payment from that authorised person

23
Q

Is a landowner liable for private nuisance?

A

Generally not when they engage a private contractor unless the work they engaged in created a danger of nuisance

24
Q

Can the police impose conditions on a procession?

A

yes, to prevent serious damage, disorder or disruption to the life of the community

25
Q

If you buy a stolen car unaware, have you committed a crime?

A

Yes, conversion, mistake as to ownership is not a defence

26
Q

Can a trade loss be carried forward?

A

Yes, and used against any gains

27
Q

Road traffic accident Particulars of Claim contents

A

details of accident, details of conviction, details of injuries, statement of truth

28
Q

Employer’s Liability Act 1969

A

Employer is liable if injury is from a defect attributable to the fault of the third party (if not sure why there is a fault then they are not liable)

29
Q

When will an Act be valid if there is no commencement order?

A

immediately after Royal Assent

30
Q

Director’s power to sell land

A

to anyone, including a shareholder of the company

31
Q

If a driver was speeding and crashed, but would have been unable to avoid collision even if driving within the limit, will there be contributory negligence?

A

No - they will be able to claim full damages

32
Q

When must the Return of Allotment of shares form be registered at Companies House?

A

within one month

33
Q

Negative resolution procedure

A

Both Houses have 40 days to reject

34
Q

Retiring partner notice requirements

A
  1. existing creditors (disposes responsibility for existing creditors only), 2. London Gazette (disposes responsibility to new creditors
35
Q

What is a defence to Consumer Protection Act?

A

Did not supply something in the course of business with the view of making profit

36
Q

EU laws are preserved as

A

direct EU legislation

37
Q

How long after application can there be a summary judgement hearing?

A

14 days, defence can be filed 7 days before and reply 3 days before

38
Q

When can a partner leave a partnership?

A

In absence of any agreement, whenever, however if there is a time limit, they can only leave with the consent of other partners

39
Q

If it is not clear whether a non-payer can pay, what should claimant do?

A

Apply for oral examination to establish if there are any assets

40
Q

If there are obviously assets and the amount owed is less than £5000, what should the claimant do?

A

Obtain a High Court Writ (amounts over £600) - this will mean interest also starts to accrue at 8% per annum

41
Q

The Court of appeal ____ take into account decisions by EtCHR but _____ bound to it

A

must, is not

42
Q

When is past consideration possible?

A
  1. act was done at promisor’s request
  2. understanding between parties that work would be remunerated (e.g. performing above contractual obligations)
  3. payment would be legally enforceable had it been made at the time
43
Q

Anticipatory breach

A
  1. terminate contract immediately
  2. continue with obligations and sue once performance complete. However, to carry on with the contract, there must be a legitimate interest in doing so
44
Q

What happens when someone sends a cheque in full and final settlement as they do not think it is worth the pre-agreed amount?

A

Can claim the outstanding balance as there was not additional consideration

45
Q

Judicial review - legitimate expectation

A

council announce they will do something and then don’t

46
Q

What happens if there is a registered floating charge and an unregistered fixed charge?

A

the fixed charge is void against the floating charge holder (but not the company)

47
Q

When is shareholder approval required for the sale of land?

A

When it is in excess of 10% of the company’s total assets

48
Q

When can a discrimination claim under HRA be brought?

A

Only if it is attached to breach of another HRA or ECHR right

49
Q

Subjective/objective tests for direct and indirect offences under POCA?

A

direct = subjective, indirect = objective

50
Q

Under the Model Articles, who can hire a director and approve a service contract?

A

Both the board and shareholders. However, if service contract is longer than 2 years, must be approved via ordinary resolution

51
Q

Must a limited partnership be registered at Companies House?

A

Yes

52
Q

Does the party have to disclose expert report?

A

Does not lose litigation privilege until party intends to rely on it

FLK1 (3 decks)

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