things I'm forgetting

Question 1

if claim form and particulars are served, how many days to file aos?

Answer 1

14 days

Question 2

when do we count for deemed dates of service?

Answer 2

the day after the doc was served

Question 3

difference between fast and multi track?

Answer 3

fast track: 10k-25k
multi track: 25k plus or complex fact

Question 4

what is the limitation for personal injury?

Answer 4

3 years

Question 5

if the person is under 18 and suffers PI claim when does the limitation start

Answer 5

3 years From their 18th birthday

Question 6

what is fraudulent misrepresentation?

Answer 6

when a defendant makes an intentional or reckless misrepresentation of fact or option with the intention to coerce a party into a contract

Question 7

what is negligent misrepresentation?

Answer 7

the person making the misrepresentation knows it is false and doesn’t do anything to make the buyer aware of this before they enter into the contract

Question 8

in what situation can the current court of appeal be able to depart from a previous court of appeal judgment on the same area of law?

Answer 8

where it considers that the earlier court of appeal decision has been made per incuriam by failing to pay due regard to a relevant statutory or common law authority

Question 9

what does per incuriam mean?

Answer 9

lack of regard due to the law or the facts

Question 10

how to calculate fees incl success fee?

Answer 10

take percentage of sols incurred professional fees and add to fees incurred

Question 11

can the lawfulness of statutory instruments be challenged? if so, how?

Answer 11

it is possible to challenge the lawfulness in the administrative court. if the challenge succeeds, the court is able to quash the statutory instrument.

Question 12

what is the quickest way to obtain shareholder approval for a loan to a director?

Answer 12

the board should circulate the ordinary resolution as a written resolution. the written resolution will be passed once shareholders representing over 50% of the total total rights sign it

Question 13

is approval needed if one company is a subsidiary of another and wants to give the subsidiary a loan?

Answer 13

yes, shareholder approval by ordinary resolution

Question 14

what needs to happen to issue preference shares?

Answer 14

an ordinary resolution to give directors authority to allot the shares, a special resolution to disapply pre-emption rights and a special resolution to amend the articles

Question 15

how can capital loss be used to reduce the company’s corporation tax liability in the current accounting period?

Answer 15

the capital loss can only be set off against chargeable gains in subsequent accounting periods and not current/prev