Wrong Answers From Questions Flashcards

Question

What is the Actus reus of unlawful act manslaughter?

Answer 1

Do unlawful act, that is dangerous, that causes death. Unlawful act need not be assault

Answer 2

Detention for length without legal hearing

Answer 3

PACE Code suspect should be invited to take part in an identification procedure and that the suspect can refuse to consent. The video identification procedure therefore requires consent. Suspect can consent themselves if over 14

Answer 4

Lord Coke in Darnel’s Case 1627: ‘A freeman imprisoned without cause is civilly dead’. Darnel’s Case involved the principle of habeas corpus. The daughter’s situation here may not be a matter of imprisonment or liberty in the sense discussed by Lord Coke, but judges are entitled to draw parallels across the centuries. Here, the daughter clearly feels fear in the face of the withdrawal of certain freedoms.

Answer 5

If the buyer is not equity’s darling (no notice of the interest) to be sure to take the property free of the interest the buyer must overreach it. As the buyer’s solicitor was made aware of the sister’s claim, steps should be taken to ensure the interest is successfully overreached. The contract will provide for the appointment of a second trustee and the payment of purchase monies to both the seller and the second trustee.

Answer 6

No - A refusal to an invitation to participate in alternative dispute resolution may be regarded as unreasonable but this is not automatic.

Answer 7

correct – if the MP’s tweet can be established to be part of the debate on medical standards, then the MP may be able to exert Parliamentary Privilege to defend a civil action by the doctor. Doctor needs to establish MPs tweet did not form part of proceeding in parliament

Answer 8

starting presumption is derived from Clayton’s case – the first money into the account is the first money out. might seek to claim that the rule from Clayton’s case has resulted in an unjust outcome. Under Barlow Clowes v Vaughan, the court might decide that the outcome arising under Clayton’s case should be disapplied in favour of the court’s own scheme

Answer 9

Pure economic loss isn’t but consequential economic loss is

Answer 10

A claimant can only bring proceedings for breach of a Convention right if they are a ‘victim’ as per s 7 of the HRA; ie directly and personally affected

Answer 11

John Francis Bridgwood (1989) LS Gaz 5 July, 86 (11)) is that where, to the knowledge of the solicitor, the client seeks to give to the court false information, the client should try to persuade the client to change his mind and that, unless the client changes his mind, the solicitor will have to withdraw from acting.

Answer 12

Pre-contract enquiries of the seller using Property Information Form TA06.

Answer 13

The power of sale must exist, have arisen and become exercisable. Often the power exists if expressly stated in the mortgage deed. It will have arisen if the legal date for redemption has passed. This date is usually one month into the mortgage term or when any instalment of the mortgage money has become due under an instalment mortgage. It is exercisable either under the express terms of the mortgage or under any of the circumstances set out in s103 of the Law of Property Act 1925 ("LPA25"). These circumstances are as follows:- 1. the lender has given the borrower notice to repay the loan amount and the borrower has not paid the sum for three months after such notice; or 2. interest is in arrears for two months after becoming due: or 3. the borrower has breached a term of the mortgage (other than the covenant to pay the mortgage money or the interest thereon).

Answer 14

Attorney general can appeal to the Court of Appeal Crim Div

Answer 15

Yes cabinet manual states government has acknowledged a convention has developed that HoC should have opportunity to debate a matter before military action is taken except if an emergency exists. Taking military action is a prerogative power.

Answer 16

Yes under Blackpool v Fylde there is an implied offer of unilateral contract and implied obligation to consider conforming tenders. Can sue for breach of unilateral contract. May be awarded loss of opportunity even if difficult to assess.

Answer 17

Applying the decision

Answer 18

Affirming the case

Answer 19

Power of sale is implied into every mortgage deed under Law of Property Act 1925, as long as power of sale has arisen and become exercisable. Power arises when redemption date has passed and becomes exercisable in accordance with mortgage deed or when one of the circumstances in the act is met.

Answer 20

Husband (not kids) - Fatal Accidents Act 1976

Answer 21

If intoxicated when taking a non dangerous or prescribed drug which led to unusual circumstances. It is a defence when the defendant lacks mens rea (e.g has no recollection of events)

Answer 22

Most serious type of burglary - burglary: entering building as trespasser with intent to commit criminal damage, theft of GBH a weapon. Aggravated: has firearm, weapon, explosive or article adapted to be used for causing injury

Answer 23

Indictment only so will be sent to crown court for trial. Tried in front on jury. Will be sent to preliminary hearing at mag but they do not consider the evidence.

Answer 24

Point of law of general public importance that ought be considered (not new evidence where defendant has real chance of success)

Answer 25

Under section 17 of the Companies Act 2006, a company’s constitution comprises the company's articles, memorandum of association and the resolutions and agreements specified in section 29, principal amongst which are shareholder special resolutions and agreements and court orders and legislation which affect the company’s constitution.

Answer 26

Mandatory injunction, prohibitory injunction, and ‘quia timet’

Answer 27

Quia timet, is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced

Answer 28

The partner may claim a right of occupation under s30 FLA 1996 as long as the property was, is or intended to be the matrimonial home and as long as the partners are still legally married or in a civil partnership. However, in order to protect the interest, it must be registered as a notice on the Charges Register of the property by the date of registration of a buyer’s interest

Answer 29

Name of firm

Answer 30

14 clear days not including day notice is handed by person

Answer 31

1. Interest of justice test and 2. Means test

Answer 32

Did the breach of duty make a material contribution to the injuries suffered by the client.

Answer 33

If an agreement (i.e to pay more money) is made but then the upper hand is lifted and you go on to pay that money then the agreement is affirmed.

Answer 34

1. Breach duty of care 2. Breach caused loss that wasn’t too remote 3. Employee therefore negligent in course of employment

Answer 35

set out a brief chronology, state the agreed and disputed issues, and set out any evidence required to decide the disputed issues.

Answer 36

If they waited over six months from the grant to distribute the estate, but the claimant can recover monies from the beneficiaries, if the court permits an application and it succeeds.

Answer 37

Breach of unilateral contract and implied promise not to revoke offer once act started

Answer 38

By way of information, the Practice Direction on Pre-Action Conduct and Protocols (the PD) provides that if a dispute proceeds to litigation, the court will expect the parties to have complied with the PD. Non-compliance with the PD includes any party that failed to respond at all to an invitation to resolve the dispute by ADR. The court may impose sanctions for non-compliance including (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties and (b) an order that the party at fault pay those costs on an indemnity basis.

Answer 39

Section 56 of the Police and Criminal Evidence Act 1984 allows the police to authorise a delay of up to 36 hours to a suspect’s right to notify one person of their arrest if the offence for which that suspect has been arrested is an indictable offence. Wounding under ss 18 or 20 of the Offences Against the Person Act are both indictable offences. Further, the delay may only be authorised by an officer of at least the rank of inspector, not conducted with the investigation.

Answer 40

Damage without lawful excuse. He was reckless as to the damage and knew the window belonged to his neighbour.

Answer 41

On the face of it what the sister did looks like past consideration (which is not good consideration) but the exception may apply (Re Casey’s Patents). The act was done at the client’s request. Query whether it was mutually understood that she would get something for what she did. It looks like a large job. Had the promise been made in advance would it have been legally enforceable? This will hinge on contractual intention. With family arrangements (eg between brother and sister) there is a rebuttable presumption the parties did not intend to create legal relations; whereas in a commercial context (business-to-business), which it looks like here, there is a very strong presumption the parties intended legal relations (see Chapter 2).

Answer 42

The woman may be dishonest as s 2(2) of the TA 1968 states that a willingness to pay is not in itself proof of a lack of dishonesty.

Answer 43

Magistrates

Answer 44

Frustration applies to a supervening event, Common mistake (where the mistake is shared by both parties, is fundamental and directly affects the basic definition of what the parties are contracting for). The mistake will render the contract void if it robs it of all substance.

Answer 45

The interpretation of one meaning of a word over another is used to avoid an absurdity.

Answer 46

A de facto director is someone who has never been formally appointed, as here, but nevertheless acts as a director. Here the client has been acting as a director, for example for being responsible for the sale and purchase of metals, and is likely to be seen as a de facto director.

Answer 47

Yes - the Enrolled Act rule provides that, once an Act of Parliament has been entered onto the Parliamentary roll, the courts will not question the validity of that Act or hold the Act to be void (Edinburgh & Dalkeith Railway Co. v Wauchope (1842) 8 Cl & F 710).

Answer 48

The Trust Deed, the trust accounts and a current schedule of investments.

Answer 49

The beneficiaries can direct a trustee to retire if the conditions set out in s19 of the Trusts of Land and Appointment of Trustees Act 1996 are met. In this case, they are all of full age and capacity and are together absolutely entitled to the trust fund, as the 21 year old has satisfied the contingency. They would need to appoint a replacement as there must be at least two trustees left once the outgoing trustee retires.

Answer 50

The beneficiaries can apply to the court to replace the executors under s50 Administration of Justice Act 1985.

Answer 51

The Act codifies the law in the particular area it covers by bringing together that previously contained in three different pieces of legislation and in common law decisions, as well as modifying some aspects of the latter.

Answer 52

A consolidating statute is one which merely re-enacts law previously contained in several different statutes and there is a rebuttable presumption that such a statute does not materially alter the previous law.

Answer 53

No - will be binding if have notice

Answer 54

A remedy based upon the principle of unjust enrichment. For the claimant to bring a restitutionary claim, the defendant must have been unjustly enriched at the expense of the claimant. A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant. Doesn’t work if loads of amendments were made to the property

Answer 55

the court will infer that D did intend the result if it was both virtually certain to occur and D appreciated this fact

Answer 56

burden of the restrictive covenant will pass at equity to burden the property developer under the rule in Tulk v Moxhay. The covenant only to use the cottage for residential purposes: is negative (or restrictive) in substance; was made to benefit the dominant land; touched and concerned the dominant land; was made with the intent of burdening the servient land; and the property developer had notice of the covenant. The burden of neither covenant will pass at common law (as confirmed in Austerberry v Corporation of Oldham).

Answer 57

Reversing is where a higher court disagrees with the earlier decision, in the same proceedings, of a lower court.

Answer 58

overruling is where a higher court comments on a previous unrelated decision by a lower court and declares it to be wrong.

Answer 59

Less than 7 years

Answer 60

Under the Law Reform (Miscellaneous Provisions) Act 1934 the client will be entitled to recover damages for the loss of amenity suffered by their spouse during the two month survival period. where funeral expenses are reasonable in amount and paid by the estate, they are recoverable under the Law Reform (Miscellaneous Provisions) Act 1934. Can claim for property destroyed

Answer 61

Loss of dependency (being the loss of pecuniary benefits which the client would have received from his spouse, and which might include the loss of her future earnings) are recoverable. bereavement award is recoverable by the spouse

Answer 62

As the magistrates appear to have made an error of law, the CPS is entitled to appeal to the High Court by way of case stated (accordingly, option E is wrong). This will require the magistrates to explain (in writing) the legal basis on which they acquitted the woman. This is the only right of appeal open to the CPS.

Answer 63

statutory procedure which allows landlords of commercial premises to recover rent arrears by taking control of the tenant’s goods and selling them. The arrears must be at least seven days’ worth or more at the time the notice is served and at the time of enforcement You do not have the right to seize your tenant’s goods yourself; they can only be seized by a certified enforcement agent. landlord must provide 7 days notice of enforcement

Answer 64

Passes to PRs

Answer 65

Example using a director: The objective element (directors must possess the general knowledge, skill and experience that may reasonably be expected of a person carrying out the functions of a director) applies to all directors, whereas the subjective element (the standard of reasonableness being assessed by such knowledge, skill and experience that the director has) only applies to directors who have some special skill or ability. The objective element of the duty establishes a minimum standard that applies to all directors. The subjective element only applies to directors who have some special skill or ability and will serve to raise the standard of such directors.

Answer 66

The mischief rule means someone interpreting an Act of Parliament can, or should, assess the reason for the Act’s provisions, to assess the problem which the Act is designed to correct. The mischief rule would be relevant as there is mention of the Act’s aims.

Answer 67

When principle represents to client that agent had authority e.g agent running show room

Answer 68

The defendant filed an acknowledgement of service, so its defence must be served no later than 28 days from deemed service of the particulars of claim (not CF)

Answer 69

As a trustee acting in a professional capacity, T1 will be entitled to reasonable remuneration agreed to by T2.

Answer 70

The formalities required to set up a lifetime trust are a valid declaration of trust (which has been made and evidenced in signed writing) and transfer of the legal title to the trustee. Legal title to a flat would have been transferred by: execution of a deed pursuant to s52 Law of Property Act 1925 by the woman; that deed being sent to either the accountant or Land Registry; and Land Registry registering the accountant as the new registered proprietor of the flat.

Answer 71

Freedom of expression

Answer 72

Freedom of expression is a qualified right, meaning that it can be interfered with when that interference is prescribed by law, in pursuit of a legitimate aim and proportionate.

Answer 73

The length of period of a periodic tenancy is determined by reference to the period for which the rental payments are payable. However, since on these facts the tenant is clearly still occupying the property under the 12-month fixed term tenancy, this is not a weekly periodic tenancy (although it may become one if she remains in occupation after the end of the 12-month term).

Answer 74

Need to have honest belief of excuse (need not be reasonable) - intoxication doesn’t effect this

Answer 75

The man has the mens rea of recklessness because he foresaw that there was a risk that his actions would damage the car and he went on to take the risk anyway.

Answer 76

Land is transferred by the PRs by an assent which, under s.36(4) of the Administration of Estates Act 1925, must be in writing, must be signed by the PRs and must name the person in whose favour it is made

Answer 77

Diminished responsibility is a partial defence to murder. It means that the accused was suffering from an abnormality of mental functioning, so much so that they were not in control of their actions. If the jury accepts the defence, the murder charge must be downgraded to that of voluntary manslaughter. The defendant must prove that on the balance of probabilities: He was suffering from an abnormality of mental functioning; Which arose from the illness; Which impaired his ability to understand the nature of his conduct, and/or form a rational judgment, and/or exercise self-control; and This provides an explanation for the stabbing.

Answer 78

On the face of it, the contract had not been drafted by a lawyer and the parties must have known the term would be breached at some time or another. Consequently, they could not have intended one breach to justify terminating the contract - Schuler v Wickman.

Answer 79

Rescind or claim damages. If the contract has been fully perform you may not be able to rescind e.g had windows installed. Damages should be claimed instead to put you back in the position you would have been if it weren’t for the breach

Answer 80

Compensatory damages, punitive damages, liquidated damages, restitutionary damages or nominal damages. Compensatory damages of the most common, and aim to compensate the victim of the breach of contract for their loss. Punitive damages are rare in civil law. Mainly used to criminal law. They are not used in commercial contracts. Aim to punish

Answer 81

There is no single definition of mens rea for unlawful act manslaughter– the mens rea required is whatever the mens rea of the unlawful act is. If the unlawful act is setting fire to a building he must have the mens rea for arson, which he does as he intentionally sets fire to property, belonging to another and he knows that it belongs to another.

Answer 82

Involuntary manslaughter is defined as an individual who has committed an unlawful killing without an intention to cause grievous bodily harm or kill the victim, causing the death by recklessness or gross negligence instead.

Answer 83

Doing the unlawful act, that is dangerous, and causes the death of the victim

Answer 84

Yes, it’s precluded from the legislation, and if you act of revenge, you can therefore not claim the partial defence of the loss of control

Answer 85

No - attempt to steal, or steal, or attempt to cause, or cause, GBH

Answer 86

a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; 2)The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any woman therein, and of doing unlawful damage to the building or anything therein.

Answer 87

Right to liberty and security

Answer 88

Yes, it could be derogate from in times or of public emergency, threatening the life of the nation under article 15. However, such derogation can only be strictly

Answer 89

No, the contractual interest rate applies to late payment of debt. Instead the solicitor should claim interest under section 35A of the senior courts act 1981 at such rate and for such period is the courts sees fit to award

Answer 90

12 months prior to the contractual expiry date of the lease

Answer 91

A section 17 default notice must be served on the former tenant within six months of that sum becoming due and payable

Answer 92

New leases granted after 1 January 1996

Answer 93

Both mortgages were created by deed and registered, so they are legal mortgages. Priority between registered legal mortgages is governed by s48 of the Land Registration Act 2002 and the first to appear on the register takes priority. The bank’s mortgage was registered first and therefore has priority over the building society’s mortgage.

Answer 94

The application of sale proceeds following a sale by a mortgagee is governed by s105 of the Law of Property Act 1925 and, firstly, requires the redemption of any prior mortgage to which the sale is not made subject, that is any mortgage which has priority over the selling mortgagee’s mortgage – here the mortgage in favour of the bank. Secondly, the selling mortgagee’s (here the building society) expenses of sale will be paid. Thirdly, the selling mortgagee’s mortgage (here the building society) will be redeemed and, finally, any surplus will be paid to the owner.

Answer 95

the presumption is that mental states persist so that if the man usually had capacity it will be presumed that he had capacity on this particular occasion unless there is something that might alert the propounder of the will to a lack of capacity. For example this might occur if the will is not rational on its face.

Answer 96

if the whole ground of something which could be done by the prerogative is covered by the statute it is the statute that rules’.

Answer 97

Pay capital money to two trustees (the married couple). This has the effect of lifting the beneficial interests off the beneficiaries as a consequence of their contribution to the purchase price) from the property and to the proceeds of sale (ie the loan advance from the lender).

Answer 98

If the clients use of the land is non-natural and the accident caused damaged that was forseeable then yes. Rylands v Fletcher - non natural use of land, thing escapes, type of harm foreseeable even if likelyhood of escaping is low

Answer 99

The rule holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault.

Answer 100

1. He had lost self control as a result of a qualifying trigger; and 2. A person of D’s age and sex with normal degree of tolerance and self restraint might have reacted in the same way

Answer 101

55 (3) Where D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person. or S.55 (4) Where D's loss of self-control was attributable to a thing or things done or said (or both) which— (a) constituted circumstances of an extremely grave character, and (b) caused D to have a justifiable sense of being seriously wronged.

Answer 102

S.55(6)(a) The fact that a thing done or said constituted sexual infidelity is to be disregarded. S.55(6)(b) A person may not raise a qualifying trigger if they incited the thing done or said or the violence.

Answer 103

Indictment only

Answer 104

The judge will direct the jury on points of law but this is a question of fact for the jury to decide. The judge considers points of law and directs the jury and they must then apply it to the facts of the case.

Answer 105

The deposit will be 10% and will be held as stakeholder and the seller will not be able to spend it without the buyer’s consent before completion.

Answer 106

Issue a Part 20 claim for an indemnity against her insurance company.

Answer 107

Form TM01 informing Companies House of the termination of an appointment of a director must be sent within 14 day of the date when the appointment was terminated

Answer 108

Only copies of special resolutions need to be sent to Companies House.

Answer 109

estate can bring a claim for damages for the pain and suffering experienced in the period between the accident and death, loss of earnings (if there is a loss) under the Law Reform (Miscellaneous Provisions) Act 1934. there are three possible claims under the Fatal Accidents Act - loss of dependency, bereavement and funeral expenses if paid by the dependants.

Answer 110

Both the solicitor and the firm are liable, because the statement made by the solicitor amounts to an undertaking binding on both the individual and the firm.

Answer 111

The trustee who appointed the attorney is automatically liable for any defaults of the attorney and will therefore be in breach of trust

Answer 112

The CPA applies to all consumer products and products used at a place of work. The inclusion of 'products used at a place of work' extends the scope of the law to include sales of products between businesses rather than just sales to consumers if such products are used in a place of work. A claim may be brought under the CPA by any person who is injured by a 'defective product', regardless of whether that person purchased the product.

Answer 113

A claim may be brought for: 1. death; 2. personal injury; or 3. damage to private property in excess of £275. However, no claim may be brought for damage to business property or for 'pure' economic losses. In particular, the CPA provides that a claim cannot be made for the loss of or damage to the defective product itself. Other than these restrictions, the CPA imposes no financial limit on the producer's total liability.

Answer 114

Under the CPA, the 'producer' of a product is liable for any defects. The producer is the manufacturer of the finished product or of a component of the finished product, or any person responsible for an industrial or other process to which any essential characteristic of the product is attributable. Liability may also be imposed on any party who holds itself out to be the producer through the use of a name or trade mark, and any person who imported the product into the European Community. As such, there may be more than one party liable under the CPA in respect of the same damage. Liability is joint and several, so the injured party may sue any or all of these people. Liability cannot be excluded or limited.

Answer 115

A copy of the shareholder special resolution to change the name, the appropriate form and the prescribed fee.

Answer 116

duress makes a contract voidable, not void.

Answer 117

Put an advertisement in the Gazette and wait 2 months from placing the advert to distributing the assets

Answer 118

Obtain a Benjamin Order

Answer 119

Yes, section 62 LPA transformed license easement into a legal easement but has to have 1) diversity of occupation and 2)the existing right could exist as an easement

Answer 120

1. Basis of compelling reason; or 2. Defendant has a real prospect of defending the claim

Answer 121

The bakers’ refusal to perform the contract was legal because the bakers should not be forced to express a political opinion in which they did not believe - this would have breached the bakers human rights.

Answer 122

can therefore be subject to disqualification orders on the ground that their conduct as directors makes them unfit to be concerned in the management of a company (Company Directors Disqualification Act 1986). The woman and the man continued operating the company when it was making a loss, and continued to incur debts, so putting the creditors at risk, and continued paying themselves excessive remuneration. If disqualification order re made the Court will specify the period for disqualification as being between 2 and 15 years

Answer 123

With the directions Q for a claim under £50,000 and 21 days for a claim over £50,000.

Answer 124

Magistrates (not district judge at magistrates court), or employment tribunal (you have 3 judges, 1 legally qualified and the other 2 are layman).

Answer 125

No as it would interfere with the owner's reasonable enjoyment of their parking space as the whole space can be used all the time.

Answer 126

Yes - the firm is under a duty to make reasonable adjustments, taking into account the cost of making the adjustment, the nature of the service being provided and the size of the firm.

Answer 127

If they have a special relationship with the claimant.

Answer 128

Firstly, the deposit will be sent by electronic means as per Standard Commercial Property Condition 3.2.2 rather than by banker’s draft or cheque as provided for in the undertakings contained in formula B. This means option B is also wrong. Secondly, the Buyer’s solicitor will not be able to comply with the undertaking in formula B to put their client’s part contract in the first class post/DX today so will need to vary the formula to provide that this will be done tomorrow instead.

Answer 129

Any period of 20 years' continuous user that is not enjoyed by force, by stealth or with permission gives rise to a presumption that an easement was formally granted. The presumption is not rebuttable.

Answer 130

1. There must be a dominant and servient tenement; 2. The easement must accommodate the dominant tenement; 3. The dominant and servient owners must be different people; 4. The right must be capable of forming the subject matter of a grant; and 5. It must have been created by deed.

Answer 131

The easement needs to be in writing and signed by (or on behalf) of both parties.

Answer 132

An easement of necessity would only arise on a sale of part. Easements by necessity are only implied if no use could be made of the land at all without the easement

Answer 133

There are 3 methods: 1. at common law 2. Lost modern grant 3. Under the Prescription Act 1832 For an easement to arise by prescription, the use must be continuous for a period of at least 20 years. Secondly, it is necessary for the easement to be exercised “as of right”. The facts indicate that the lady has been granted permission in return for payment and therefore her use would not be as of right.

Answer 134

For an easement to arise by prescription, the use must be continuous for a period of at least 20 years. Secondly, it is necessary for the easement to be exercised “as of right”. The facts indicate that the lady has been granted permission in return for payment and therefore her use would not be as of right.

Answer 135

1. The grant of a right must be made between a capable grantor and grantee; and 2. The right: (a) must not be too wide or vague in character; (b) must not amount to a right of joint occupation or substantially deprive the servient owner of proprietorship or legal possession; and (c) must possess the quality of utility or benefit

Answer 136

The Certificate will contain a summary of the pre-contract searches and enquiries and will confirm that (subject to any Disclosures made in the Certificate) the property has a “good and marketable title”. The solicitor will have used the City of London Society Certificate of Title.

Answer 137

The Certificate will confirm that the property has a “good and marketable title”. The solicitor will have used a form approved by the Law Society and UK Finance.

Answer 138

The solicitor should ensure that the deposit is sitting in his client account in cleared (emphasis on cleared!) funds.

Answer 139

Completion is likely to take place at the office of the seller’s solicitor.

Answer 140

Form TA13 is mostly used in residential transactions to address the practicalities for completion.

Answer 141

The amount payable for the property and amount payable for any furniture - not amount required to discharge the seller’s mortgage.

Answer 142

This is only a requirement when a claim is specified - damages is an unspecified claim.

Answer 143

If the transaction is in the usual authority of such person's position, then they have implied actual authority to make the purchase.

Answer 144

The court will look at the comparative importance of Article 8 and Article 10 on the facts, the justification for interfering with those rights and apply the proportionality test to each. Test in Baroness Hale in Campbell v MGN.

Answer 145

The trust deed excludes the statutory provisions of maintenance and advancement that would otherwise grant the trustees the power (and, in certain circumstances, impose a duty on the trustees) to pay money to the student before they reach the age of 25. Note that the statutory provisions of maintenance and advancement apply in the absence of any countervailing provisions in the trust deed / will, and the settlor is therefore at liberty to exclude them.

Answer 146

The unlawful act must be dangerous as set out in R v Church [1966]. The act must be one that ‘all sober and reasonable people would inevitably recognise must subject the other person to at least the risk of some harm…albeit not serious harm’. Given that the victim of the burglary, the young woman, looks fit and healthy and the boyfriend is unaware of her serious heart condition, the objective test is unlikely to be satisfied.

Answer 147

Whilst fixed-term tenancies not exceeding six months are not protected, if the tenancy includes a provision allowing for renewal, it will have the protection of the 1954 Act.

Answer 148

An exclusion clause can never exclude remedies for: death or personal injury; breach of statutory implied terms in consumer contracts. Under UCTA!

Answer 149

The reasonableness test.

Answer 150

The Act allows a claim to be made by the deceased’s estate for losses which the deceased would otherwise have been able to recover themselves had the injuries not proven fatal. It also allows for the continuance of a claim which the deceased may have already brought themselves but not concluded prior to their death. Very often, compensation included in this Act include compensation for pain, suffering and loss of amenity, just as in any other personal injury claim. Though the damages are limited up to the date if death but are assessed in the same way as a conventional personal injury claim. The Act also allows the estate to recover the financial losses which the deceased would otherwise have been permitted to recover themselves including any loss of income up to the date of death, loss of personal effects and other items of loss including any treatment costs or the value of any services given to him prior to death such as care or nursing services. Funeral costs are often recoverable by the estate, subject to the cost being deemed reasonable and also subject to the costs of the funeral having been incurred by the estate in the first instance.

Answer 151

A claim can be brought on behalf of the dependants of the deceased, a fresh cause of action is created, although the claim will only succeed if it can be shown that the deceased would have recovered damages if they were still alive. Who can bring a claim: 1. spouse or civil partner; 2. formed spouse or civil partner (even if annulled, declared void or dissolved); 3.

Answer 152

A claim can be brought on behalf of the dependants of the deceased, a fresh cause of action is created, although the claim will only succeed if it can be shown that the deceased would have recovered damages if they were still alive. Who can bring a claim: 1. spouse or civil partner; 2. formed spouse or civil partner (even if annulled, declared void or dissolved); 3.any person who: ◦was living in the same household as the deceased immediately before the date of death ◦had been living there for at least two years, and ◦was living during the whole of that period as if they were the deceased’s husband or wife or civil partner 4. any parent or other ascendant of the deceased 5. any person who was treated by the deceased as their parent 6. any child or other descendant of the deceased 7. any person (not a child of the deceased) who, in the case of any marriage/civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage/civil partnership 8. any brother, sister, uncle or aunt of the deceased 9. any children of the deceased’s brother, sister, uncle or aunt Financial dependency is needed to bring a claim.

Answer 153

the deceased’s husband, wife, or civil partner *if the deceased was younger than 18 and had never married or had a civil partner, their: ◦parents, if they were legitimate ◦mother, if they were illegitimate For deaths that occur on or after 6 October 2020, a claim for a bereavement award may also be made for the benefit of the cohabiting partner of the deceased who: *was living with the deceased in the same household immediately before the date of the death *had been living with the deceased in the same household for at least two years before that date

Answer 154

October 2003

Answer 155

Traders will be subject to the controls under the Consumer Rights Act 2015 and are unable to exclude liability for a consumer visitor’s personal injury. They may be able to exclude liability for other losses (the damage to the car), providing the notice is held to be fair under s62 of the Act.

Answer 156

Having created a dangerous situation of which you are aware, you are under a duty to take reasonable steps to mitigate the results of your own actions.

Answer 157

This is a notice given by the tenant requesting a new tenancy upon termination of the old one. A section 26 request must specify a date on which the existing lease is to end.

Answer 158

As in the case of the landlord's section 25 notice the date of termination cannot be earlier than six months after the date of the section 26 request nor more than 12 months after that date. A section 26 request cannot bring the existing lease to an end before its normal expiry date.

Answer 159

If that statement is wrong, you could be imprisoned for contempt of court.

Answer 160

Form DS3 is used to release part of the land that is subject to a registered charge.

Answer 161

Discharging the whole mortgage.

Answer 162

Loss or damage to the product itself Damage to business products not ordinarily intended for private use Damage to property with a value below £275

Answer 163

The original tenant and current tenant. This is an old lease, as it was created before 1 January 1996. There is privity of contract between the freehold company and the original tenant. There is also privity of estate between the freehold company and the current tenant. Therefore, there is an action against both the original tenant and the current tenant.

Answer 164

The woman honestly believed that the property was in immediate danger and the damage was reasonable in the circumstances - this is a subjective not objective test.

Answer 165

The END of a trial.

Answer 166

The SRA ethics guidance on drafting wills indicates that where a solicitor is asked to draft a will for a client which includes a gift to the solicitor which is of significant value in relation to the size of the client’s overall estate, or is of significant value in itself the solicitor will usually need to cease acting if the client does not agree to taking independent legal advice.

Answer 167

The man should consent to summary trial because if granted legal aid in the magistrates’ court, a defendant is not required to contribute towards his defence costs. The

Answer 168

If a defendant is convicted in either the magistrates’ court or the Crown Court, he is likely to be ordered to make a contribution towards the costs incurred by the prosecution.

Answer 169

Magistrates

Answer 170

Magistrates

Answer 171

Cundy v Lindsay. If a rouge company represents itself as a different good a respectable company, the contract is VOID due to mistaken identity (unilateral mistake) and therefore the rouge can never acquire title to the goods so it doesn’t matter if the goods are sold to an innocent third party

Answer 172

If they are an actual occupation, and said, occupation, would be obvious my reasonable inspection of the property. The overriding interest would be overridden if the purchase money was paid to 2 trustees.

Answer 173

If an innocent party had bought the goods in good faith

Answer 174

Board resolution

Answer 175

If a director is connected to another company and owns at least 20% of the voting shares, this is considered a substantial property transaction. In such circumstances in order to approve the the transaction ab ordinary shareholder resolution will be required.

Answer 176

One that can be either a condition or warranty, depending on the facts

Answer 177

Professional trustees may receive a reasonable remuneration from the trust, provided there is more than one trustee, and they all agree in writing

Answer 178

The world is said to speak from the date of death. The basic rule is the assets, which form the subject matter of gift, are determined, according to those in existence of the date of death.

Answer 179

If the testator uses the word ‘my’ to refer to the gift, it is possible that the court could interpret this to mean the gift that was in existence when the testator wrote the will. Specific legacy will therefore fail, if the testate are no longer owns this property at the date of death. The gift is said to be adeemed. However, if the asset concerned is generic in that it is capable of increase or decrease between the date of the will and the date of death, for example, my jewellery will be taking to mean the jewellery owned into the date of death.

Answer 180

When a contract with the object of leisure and enjoyment is made by one party on behalf of the group the party to the contract can claim on the group’s behalf. This principle was established in Jackson v horizon holidays, 1975

Answer 181

No, the joke should have no weight attached to it. In any event the results of the searches and interviews should have outweighed the woman’s comments.

Answer 182

In relation to leases granted prior to 1996, a tenant who assigned the lease remains liable to the landlord of the covenants in that lease, regardless of any assignment. Tenants of leases entered into after this year are not liable once the lease has been assigned, unless they have entered into an AGA.

Answer 183

A section 17 notice needs to be served on the previous tenant for payment of fixed sums. These tenants need to be notified of the breach within six months of the sum falling due or the landlord must commence an action against the former tenant within that time.

Answer 184

One of the conditions for pre-action disclosure under CPR 31.16 is that the documents sought would come within the scope of standard disclosure.

Answer 185

A third party may be liable as an accessory if he assisted the breach and was dishonest

Answer 186

The court has discretion to grant withhold relief, which is generally exercised in favour of the tenant if the tenant acts quickly, pays any arrears, remedies any breaches of covenant and pays the landlord costs.

Answer 187

A qualified covenant allows the tenant to alter the use of the premises for a permitted use to some other use with the landlords prior consent, usually required to be given in writing. A fully qualified covenant ensures that the leaseholder has the legal right to undertake planned works, and those works cannot be unreasonably with held by their freeholder

Answer 188

Covenants not to assign or underline it without the landlords consent often described as qualified covenants. In such cases, there is an implied term that consent cannot be unreasonably withheld. Landlords can however, still require payment of a reasonable sum in respect of any legal or other expenses incurred. The LTA turns the qualified covenant into a fully qualified covenant. A FULLY QUALIFIED COVENANT REQUIRES THE LANDLORD NOT TO UNREASONABLY WITH HELD ITS CONSENT. This may be an express term of the lease or maybe implied by the landlord and tenant act.

Answer 189

Yes, so long as the beneficiaries set aside the transaction within a reasonable timeframe

Answer 190

If a defendant has pleaded not guilty, he may appeal against his conviction to the crown court as of right, and he may also appeal against sentence. He may appeal on a point of either fact or law.

Answer 191

in order to be binding on the purchaser, the entitlement of the civil partner who is not the registered proprietor to remain in occupation under the Family Law Act 1996 would need to be registered as a notice on the charges register before the purchaser was registered.

Answer 192

the claimant need to serve the claim form and wait for the period for the defendant to file an acknowledgement of service to expire.

Answer 193

An interim payment is a payment made by a defendant on account of a claimant’s monetary claim before the court has made a final determination on the amount of that claim. Defendants often make interim payments for tactical reasons where liability is not in dispute, for example to reduce their liability to pay interest.

Answer 194

the duty to provide a safe system of work is relevant and the client should not have been able to move the safety guard and continue working on the machine (the usual safeguard is that such machines should automatically switch off if a safety guard is moved).

Answer 195

Whilst a defendant is not obliged to place any evidence before the court to show that she is innocent of the offence with which she has been charged, as she is raising a specific alibi defence, and wishes the jury to consider that defence, she must place some evidence of that defence before the court if she wishes the court to consider that defence when deciding the verdict. This is an evidential burden. It is relatively simple for her to satisfy this burden, all she needs to do is give details of her defence in the witness box.

Answer 196

the actus reus of assault occasioning actual bodily (s.47 of the Offences Against the Person Act 1861) is that an assault is committed (here, a physical assault) and that harm is caused which is more than ‘transient or trifling’, R v Savage; R v Parmenter [1991] 1 AC 699. ‘Significant bruising’ would satisfy this.

Answer 197

expressly granted legal easement or profit and under section 27(2)(d) LRA 2002 it is a registrable disposition.

Answer 198

legal easements and profits created by implication or prescription after 12 October 2003 are overriding interests. Such easements/profits do not require a deed in order to be legal

Answer 199

In some cases, an easement may be created by implication. An easement will only be implied if: - It is necessary to so imply it; - The parties had a common intention at the time of the sale of the land that there would be an easement; - By the operation of s.62 of the Law of Property Act 1925; Where the land was previously in common ownership and: the common owner exercised over one part of the plot a right which could have been an easement if the plots were in separate ownership; the exercise of the right was continuous and apparent; and the exercise of the right is necessary for the reasonable enjoyment of the dominant land. (This is known as the rule in Wheeldon v Burrows (1879) 12 Ch D 31)

Answer 200

In its simplest terms prescription is about acquiring a right through long use or enjoyment. To bore you with some law, prescriptive easements can be acquired through common law, by “lost modern grant” or under the Prescription Act 1832. What we really need to know is that to acquire a prescriptive easement there needs to have been 20 years of continuous use “as of right”. The 20 years use must be “continuous” in that there cannot be unexplained periods of non-use. The use must be “as of right” which means that it must be “without force”, “without secrecy” and “without permission”

Answer 201

The will is therefore invalid. As a result, the estate would pass under the intestacy rules,

Answer 202

he limitation clause will be subject to the Unfair Contract Terms Act (UCTA) and will be effective if a court judges the clause to be reasonable. The reasonableness test is set out in s 11 and depends not only on the parties’ knowledge (actual or constructive) at the time the contract was entered into (and whether in the light of that knowledge the clause was a fair and reasonable one to be included) but also on other factors such as those set out in s 11(4), Schedule 2 of UCTA and in case-law. The availability of insurance is a factor recognised by the courts when determining reasonableness.

Answer 203

Nprivilege attaches to the letter as it is correspondence between the parties and any privilege would have been waived when the letter was sent, so it should be listed in Part 1. The list of documents will not form part of the trial bundle and the judge will not be aware of the offer.

Answer 204

Just the variation

Answer 205

Has the defendant assumed responsibility and was it reasonable for the claimant to rely on the defendant for advice.

Answer 206

The seller always needs to sign the transfer, but the buyer only needs to sign in certain situations. The relevant reasons why the buyers need to sign on this occasion is that they will make a declaration of trust (as they will be co-owners) . Another reason is if they need to give an indemnity.

Answer 207

An extrinsic aid is something found outside the Act. The judge can use the extrinsic aid to help them understand what a word they are interpreting means. A well-known example of a simple extrinsic aid is a dictionary.

Answer 208

an internal aid means that the court is referring to another part of the same Act which is being discussed as part of the court case

Answer 209

The Bank should have been put on inquiry as the relationship between the client and debtor was non-commercial and the loan was not for their joint benefit. The Bank does not appear to have had a private meeting with the client to explain the risks and she did not take independent advice: so the Bank would have constructive notice of the undue influence.

Answer 210

By the lapse date be in 28 days beginning with the circulation date

Answer 211

Yes, provided that the accountants are aware that the shareholder would read the accounts when deciding whether or not to further invest in the company. It would be necessary for the claimant to establish that the accounts knew that the shareholder would be likely to rely on the account without independent enquiry, and it was reasonable to do so. The loss suffered relates to pure economic loss, and therefore a duty of care for negligent misstatement must cause the loss it the shareholder must prove there was was a Headley burn special relationship responsibility with an assumption of responsibility and reasonable reliance

Answer 212

Test to see if a special relationship and formed and the defendant had assumed responsibility to the claimant: 1. Was the advice acted on to the claimant’s detriment; 2. Did the defendant know the advice was to be communicated to the claimant; 3. Did the defendant know the claimant would rely on the advice without independent inquiry; and 4. Did the defendant know for what purpose the advice would be used for.

Answer 213

If the psychological harm has been caused as a result of a physical impact, then it is recoverable however, if it is pure psychological harm, then no

Answer 214

1. The risk of physical injury must be foreseeable, however, the psychiatric harm does not need to be. • Page v Smith (1995) the claimant was in a car crash. Whilst he did not suffer physical injury the shock induced a psychiatric illness - duty of care was owed as the physical injury to claimant was foreseeable (the duty of care included PSH)

Answer 215

1. Psychiatric harm needs to be foreseeable - i.e a person of normal fortitude could expect to suffer the PSH; 2. Close proximity - the relationtionship between the secondary victim and the person involved in the incident needs to be a close one - e.g husband/wife, parent/child. If not one of these then evidence may need to be provided to show close proximity; 3. Close proximity in space and time - claimant needs to witness incident or the aftermath; and 4. Close proximity of perception - claimant needs to witness the event or aftermath with their own senses. The difference with this and a primary victim is that with a primary victim, the pure psychological harm does not need to be foreseeable Above 4 conditions are the Alcock control mechanisms

Answer 216

Yes, if the dad suffers a recognisable psychiatric condition that results from a shocking event or a violent assault on the senses, close ties of love and affection to victim, proximate in time and space [he is directly in aftermath], and appreciation of incident with unaided sense

Answer 217

No, it is nondelegable

Answer 218

No employers can only be held vicariously responsible for their employees

Answer 219

Worker must be an employee, worker must have committed a tort, worker must have acted in the course of their appointment. Also, consider causation and remoteness of loss

Answer 220

The cost of replacing or repairing a defective product is treated in law as pure economic loss caused by acquiring a defective item of property

Answer 221

Yes, if they’re negligent, actions furthered their employees business

Answer 222

Yes, need to be a tenant or owner who lives in the house

Answer 223

Contributory negligence, passengers, who accept a lift from a driver, who they know to be drunk, can expect to have their damages reduced, if they are injured in an accident, caused by the drivers, intoxicated state, even if they were too drunk to appreciate the drivers intoxication. The defensive, voluntary assumption of risk being raised by the driver, will not work on any motor-vehicle claim where there is compulsory insurance

Answer 224

There are two criteria. Firstly, the claimant must be both on the statutory list of people who can claim and be financially dependent on the deceased. Generally a child period of dependency ends when they reach the age of 18. However, this is extended by the child is in or is expected to be in full-time education. Money, the claimant may inherit from the deceased are disregarded under the fatal accident act .

Answer 225

Personal injury and property damage

Answer 226

Private nuisance is not based upon proving that the defendant has taken reasonable care. private nuisance concerned with whether the consequences of the defendants use of the land is unlawful, causes substantial and unreasonable interference with a claim with the land

Answer 227

No, only a claimant can be contributory negligent

Answer 228

Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. Accordingly, once factual causation is established, it is necessary to ask whether the law is prepared to attribute the damage to the particular breach, notwithstanding the factual connection. test for remoteness of damage is whether the kind of damage suffered was reasonably foreseeable by the defendant at the time of the breach of duty. The defendant will be liable for any type of damage which is reasonably foreseeable as liable to happen even in the most unusual case unless the risk is so small that a reasonable person would in the whole circumstances feel justified in neglecting it

Answer 229

Illegality requires a close connection between the claimants wrongdoing and their loss so that the damage arises directly out of the illegal activity.

Answer 230

The mother cannot be contributory negligence, as only the claimant can be. However, the claimant is a child. Therefore the mother, who is the one that owes the duty of care to the child, can be added as a joint tortfeasor or additional defendant, so as to reduce the amount payable by the defendant to the child. This is in accordance with the civil liability contribution act.

Answer 231

Employee can sue the employer instead of manufacturer or supplier of defective equipment • Must show: 1. Fault on part of third party (manufacturer or supplier); and 2. Causation.

Answer 232

Yes, the employer has a non-delegable duty to ensure reasonable care is taken.

Answer 233

The employee committed a tort during the course of their employment; there was a sufficiently close connection between the employee’s job and the tort they committed to make it fair and just for the employer to be held liable for the employee’s actions.

Answer 234

Damages are payable where a relative gives up work to provide care. In Housecroft v Burnett [1986] 1 All ER 332 the court held that the starting point was the loss of earnings suffered by the carer. However, the costs cannot exceed the commercial rate for providing the services.

Answer 235

Loss of earning capacity would apply if the claimant was currently still working but would suffer a disadvantage on the job market in the future.

Answer 236

s2(4) of the Law Reform (Personal Injuries) Act 1948 states that a claimant cannot be found to have failed to mitigate their loss by paying for private treatment rather than obtaining free treatment under the National Health Service.

Answer 237

Yes - the claimant was careless for their own safety by running for the lift etc and not paying full attention to the floor. This carelessness contributed to the injury that they suffered.

Answer 238

Occupiers can extend, restrict, exclude or modify their duty to visitors in so far as they are free to do so. If the occupier is a business, the ability to exclude liability is subject to the Unfair Contract Terms Act 1977. If it relates to trader/consumer, subject to fairness test. Can exclude liability for PI or death.

Answer 239

Under the 1957 Act, a warning will not discharge the occupier’s duty of care unless it is adequate, ie it enables the guest to be reasonably safe and warns them of the specific danger.

Answer 240

You have to take reasonable steps to draw it to the attention of the claimant.

Answer 241

No - not if they are obvious risks.

Answer 242

The 1957 is in relation to a duty of care to lawful visitors, and damage to property as well as PI is recoverable. 1984 act is in relation to unlawful visitors and only PI is recoverable. Can't exclude liability for 1984 act.

Answer 243

Firstly, if it was reasonable to entrust the work to an independent contractor in the first place. Secondly, where the occupier took reasonable steps to ensure the independent contractor was competent. Thirdly, where the occupier took reasonable steps to check the work of an independent contractors.

Answer 244

If it either knew that the team leader was not properly supervising the male employee, or that it ought to have known (as per Hudson v Ridge Manufacturing Co Ltd [1957] 2 QB 348).

Answer 245

If the client is keen to get funds quickly, then option 1 is better as it forfeits the deposit, however, if the property marker is bad then option 2 may be better.

Answer 246

Re Hallett creates a presumption of a trustee spending his own money first, and applies where there are sufficient funds left over in a bank account to satisfy a claim by a beneficiary. If this does not work, Re Oatway says it might be said that an investment in successful investments would be deemed to be an investment made out of the trust property

Answer 247

he partner is unlikely to be an innocent volunteer; his failure to ask questions about where the money came from despite his surprise at the amount, may make it unconscionable for him to retain the receipt (BCCI v Akindele). In any event, the beneficiaries would have a proprietary claim against him, even if he was an innocent volunteer.

Answer 248

A beneficiary of may trace trust money into mixed funds held by an innocent volunteer but cannot trace into the physical property of the volunteer on which the trust money was spent on alterations - re Diplock

Answer 249

Owner may be seeking to recover their original property from the defendant Owner may be seeking to recover their original property PLUS any profit which may have been realised from the defendants use of the property Owner may seek to establish a proprietary right in some other property which the defendant has acquired by using the original property (when not able to require the original property

Answer 250

It is likely to be barred for undue delay and if restitution would be impossible.

Answer 251

Assuming that the misrepresentation was made negligently (e.g if the seller of a business grossly exaggerated net profits), the client would be awarded damages for loss of net profit calculated on a tortious basis.

Answer 252

If he trust was created before 1 October 2014: the trustees can make a capital advancement under s32 Trustee Act 1925 because the son has an interest in capital and the proposed use is for his benefit. As the trust was created before 1 October 2014, they can advance up to half of the amount of the son’s potential share of the trust. This is discretionary. Consent is only needed from a beneficiary if they have a prior interest i.e a life tenant. After 1 October 2014: The beneficiary can get the whole share pursuant to the Inheritance and Trustees Powers Act 2014

Answer 253

This trust interest may be overriding if she is also in actual occupation of the house and the conditions of paragraph 2 of Schedule 3 of the Land Registration Act 2002 are satisfied. Overriding interests bind even though there is no mention of them on the registered title. Finally, whilst a beneficiary can register a restriction on the Proprietorship Register, this does not protect the trust interest, instead, it alerts a potential buyer of the need to overreach the trust interest.

Answer 254

Schedule 3 relates to interest which override registered dispositions: 1. Leasehold estate (legal) in land not exceeding seven years unless it is a registerable disposition; 2. Interests of people in actual occupation (unless he had actual/implied knowledge, or failed to enquire when he should have done); 3. A legal easement or profit a prendre, except for an easement, or a profit a prendre which is not registered (except if known due to actual/implied knowledge or should have made enquiries); 4. Local land charge; 5. Interests in coal or mine; and 6. A right in respect of the repair of a church chancel (not after 12 October 2013)

Answer 255

Yes if they have exhausted their domestic remedies and apply within time - i.e if they have brought a case within the UK which has been rejected and has been refused permission to appeal, so they have exhausted their domestic remedies. They can then started proceedings within the four month time limit for bringing an individual claim before the ECtHR.

Answer 256

They should draw the new legal authority to the attention of the Court because they have a duty to inform the Court of relevant cases which are likely to have a material effect on the outcome of proceedings.

Answer 257

No, because a judge’s role is to apply the rule of law.

Answer 258

Section 19 CRA applies a pecking order of remedies where the goods do not conform to the contract. The short-term right to reject non-perishable goods and claim a full refund is lost after 30 days from installation (section 22 CRA). However, the man would still have a right to request replacement and if not, then a final right to reject and claim a partial refund.

Answer 259

The solicitor must search all the pre-root owners of whom they are aware, and any personal reps (if they aren't sure of the year then up to 1926). It is not necessary to search against a lender only estate owners (unless the lender is in possession but check the facts to see if this is suggested).

Answer 260

Under s18A Wills Act 1837, the will is treated as if the ex-spouse died on the date the divorce was finalised.

Answer 261

Once a final dividend has been declared, it must be paid to the shareholders.

Answer 262

No - only board meetings.

Answer 263

a poll vote can be requested by two shareholders (MA44(2)), a single shareholder needs 10% of the voting shares (MA44(2)).

Answer 264

The priority period afforded by the OS1 search gives a fixed time within which a buyer will take a property free from any subsequent entries which may be placed on the register after the date of the search but before the buyer is registered as proprietor, provided that the buyer submits his application for registration within the priority period.. If the application to register is not received by the Land Registry before 12 noon on the last day of the priority period, priority is lost to any prior applications.

Answer 265

The easement was expressly created by deed after October 2003 and is, therefore, a registrable disposition. As the easement benefits the property, it would appear in the property register

Answer 266

domestic courts ‘must take into account’ judgments of the ECtHR but are not bound to follow them.

Answer 267

Yes - the legacy will be contingent until 18

Answer 268

A gift could be appropriation where the grantee had acted dishonestly. Furthermore, the Court held that an act does not require to be unlawful under the general law to constitute an “appropriation.”

Answer 269

The votes of the breaching director or the votes of any connected person will be disregarded if their votes resulted in the resolution passing. The director’s mother is a connected person under

Answer 270

No, but they can with public processions

Answer 271

If the Chief Constable reasonably believes that imposing conditions will not prevent the procession from resulting in serious public disorder.

Answer 272

There is an evidential burden on the defendant if relying upon self-defence or loss of control, but a legal burden to discharge for diminished responsibility (balance of probs)

Answer 273

The victim should now be asked to take part in an identification procedure - the suspect cannot be compelled to take part in such procedure.

Answer 274

No - the equitable

Answer 275

The magistrates’ court will have a choice to either sentence the woman for the offence of theft or to commit her to the Crown Court to be sentenced there. This will often depend on whether the two offences are linked or not. If they are not, the magistrates’ court may be more likely to sentence the offender, whereas if they are linked, the magistrates may be more likely to send them both up to the Crown Court to be dealt with.

Answer 276

Foreclosure would end the mortgage. However, it is not in the Bank’s interest to foreclose as this would extinguish the mortgage and leave the Bank with no remedy to recover any shortfall from the owner

Answer 277

What’s the difference between the power of sale and foreclosure? In a Power of Sale, the lender forces a sale on the public market and gets all funds owed to them, while the current owner keeps any excess profit. In a Foreclosure, the lender takes ownership and also keeps all profits from the sale. Equity of redemption is extinguished in foreclosure.

Answer 278

The right in equity which a mortgagor or chargor has on full repayment of the secured debt, to recover the assets which are subject to the mortgage or charge.

Answer 279

No, indictable only

Answer 280

superintendent.

Answer 281

the only remedy for undue influence is rescission (not damages too).

Answer 282

the sale of a non-cash asset (the property); of substantial value because the value exceeds 10% of the company’s net asset value (the sale price is £95,000 which exceeds £90,000, i.e. 10% of the company’s net asset value of £900,000);to a person connected to a director (the director’s mother (ss252, 253 Companies Act 2006)

Answer 283

The duty to disclose under s.3 of the Fraud Act 2006 arises when the defendant is under a legal duty to disclose that information. Although ‘legal duty’ is not defined in the Act, the Explanatory Notes confirm that it includes duties under written contracts. In this instance, the man is under a legal duty to disclose his disciplinary offence due to the express term of the employment contract. Option A is wrong because the actus reus of the offence of failing to disclose information is committed when a person fails to disclose information which they are under a legal – not a moral – duty to disclose.

Answer 284

a right of entry is either the right of a landlord to forfeit a lease or a rentcharge owner’s right to reclaim the land if the periodic payment charged on the land is not paid.

Answer 285

gain is taxed at 20% (PRs always pay CGT at the higher rate).

Answer 286

The mens rea for criminal damage is to intend or be reckless as to the damage or destruction of property and know or be reckless that the property belongs to another. The sister is reckless as she saw there was a risk that the phone would be damaged (albeit “highly unlikely”) but she went on to take that risk anyway. This is the subjective test as per Cunningham [1982] and R v G [2004].

Answer 287

a proposition of law within some key reasoning

Answer 288

a proposition of law within some key reasoning

Answer 289

Commercial Rent Arrears Recovery (CRAR) is a statutory procedure which allows landlords of commercial premises to recover rent arrears by taking control of the tenant's goods and selling them. CRAR came into force on 6 April 2014 and applied with immediate effect to all new and existing commercial leases from that date onwards. In order to use CRAR, a landlord must provide 7 days' notice of enforcement. Once this period has expired, Certificated Enforcement Agents may enter the property (through an open or unlocked door) to seize goods. CRAR applies whether or not reference is made to it in the lease. There are anti-avoidance provisions in place which prevent landlords from creating contracts which modify CRAR or otherwise including alternate ways to recover rent arrears by seizing goods. However, the landlord and tenant can agree to limit the application of CRAR.

Answer 290

A Lease which contains a properly drafted Jervis v Harris clause, grants the Landlord a right to first serve notice on a Tenant, specifying any breaches of covenants relating to the condition of a property. If the Tenant then fails to proceed diligently with remedying the breaches and/or to remedy the breaches identified in the notice within a specified period, (as set out in the Jervis v Harris clause – usually within 2-3 months), the clause grants a right for the Landlord to enter the property to carry out the works and to then recover the costs in doing so from the tenant, as a ‘debt’.

Answer 291

The approved certificate of title is the document the conveyancing solicitor gives to the lender to confirm certain statements about the property.

Answer 292

seven heads of illegality which are acting without legal authority; wrongful delegation; fettering discretion; acting for an unlawful purpose or for dual purposes; taking account of irrelevant factors and/or not taking account of relevant factors; error of law and error of fact.

Answer 293

seven heads of illegality which are acting without legal authority; wrongful delegation; fettering discretion; acting for an unlawful purpose or for dual purposes; taking account of irrelevant factors and/or not taking account of relevant factors; error of law and error of fact.

Answer 294

CrimPR, r 9.2(6)(a) provides that where the court is dealing with two or more defendants charged with the same offence, if one of the defendants elects trial in the Crown Court, all of the defendants will be sent to the Crown Court for their joint trial regardless of the other defendant(s)’s decision on venue. The trial will therefore only take place in the magistrates’ court if the magistrates decide the offence to be more suitable for summary trial and both defendants consent to summary trial.

Answer 295

No - Public authorities must act in a way which is compatible with Convention rights except where to do so would contravene a UK Act of Parliament

Answer 296

Under Paragraph 2.7 a solicitor is under a duty to draw the court’s attention to cases which are likely to have a material effect on the case. Compliance with the duty is not dependent on the client’s consent

Answer 297

intrinsic aids

Answer 298

an extrinsic aid is external to the legislation but useful to courts in helping decide the issues.

Answer 299

The Chief of Police is the most senior officer and can impose conditions on public assembly if he reasonably believes that the meeting may result in serious public disorder, serious damage to property or serious disruption to the life of the community, (or because the purpose of the organiser is intimidation) (s.14(1) POA). Placing restrictions and conditions on the group is the most proportionate responses, as the police have no power to impose a ban. The right to hold non-religious beliefs is protected by Art 9, however the right to manifest your beliefs is qualified. This means it can be interfered with in certain situations - for example, to protect the rights of others as is the case here (in this example assembly to be held outside church)

Answer 300

harm to be done or likely to be done to a person or in his presence to his property’ or for them to fear harm through an unlawful disturbance (R v Howell)

Answer 301

Consists of two or more people in a public place.

Answer 302

PRs pay income tax on dividends at basic rate only (7.5%)

Answer 303

frustration may still be available where an event is foreseeable but was not in fact foreseen by the parties.

Answer 304

Although the complaint was unjustified, it has not been dealt with properly and so the Legal Ombudsman may still take action, including requiring the client to be compensated for inconvenience and so on. The senior partner is in breach of Paragraph 8.5 because the complaint has not been dealt with promptly and the Legal Ombudsman may report the senior partner to the SRA for that reason.

Answer 305

Over 25% voting rights in company, or right to appoint/remove majority of the board directors, or have right to exercise (or who actually exercise) significant influence or control over company.

Answer 306

For attempted murder, the defendant must intend to kill the victim (not just injure)

Answer 307

The seller will be able to claim compensation at the contract rate on the purchase price less the deposit and may be able to claim damages for breach of contract, only if the seller can establish that it has suffered a loss and any damages awarded will be reduced by the amount of compensation paid.

Answer 308

Yes, because the tenant is in breach of a repair covenant, the landlord must serve a s.146 notice on the tenant and include notification of the tenant’s right to serve a counter notice within 28 days. A s.146 notice (LPA) warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease. You must notify the tenant of the breach and provide the tenant with a reasonable time to remedy it; if the breach is capable of being remedied. If a landlord does not provide the tenant with this ‘reasonable period of time’ for remedy, there is a risk that the section 146 notice will be deemed invalid. Leasehold Property (Repairs) Act 1938 - if a lease is granted for a term of at least seven years and there are at least three years left to run, a notice must be served on the tenant at least one month before bringing the action to forfeit the lease. The tenant can serve a counter notice, although there is a time limit of 28 days in which they must do so. If the tenant does serve a counter notice, the landlord cannot proceed to forfeit the lease without the court's consent.

Answer 309

1) where there is exceptional urgency, (2) where the overriding objective is best furthered by doing so, (3) by consent of all parties, (4) with the permission of the court, (5) where paragraph 2.10 above applies (fixed date for trial no time, inform other side and court in writing then say orally at hearing), or (6) where a court order, rule or practice direction permits

Answer 310

Re Oatway enables the beneficiary to assert a charge over the mixed fund and any withdrawals made from that fund

Answer 311

The agent may have had apparent authority but that simply stops the principal (the client in this instance) denying the agent’s authority if the principal is sued by the third party.

Answer 312

Where the equitable title to a property is held by co-owners as tenants in common and one of those co-owners dies, another legal owner (also referred to as a trustee) needs to be appointed to overreach the equitable interest of the deceased co-owner before completion.

Answer 313

Fixed costs e.g claim form cost, witness travel expenses etc

Answer 314

No, but usually follow

Answer 315

Yes, except in 3 circumstances: 1. Where the decision of the Court of Appeal conflicts with a later decision of the House of Lords the Court of Appeal must follow the House of Lords; 2. Where there are two earlier conflicting decisions of the Court of Appeal then the later Court of Appeal in a third case must choose between them; 3. Where an earlier decision of the Court of Appeal was made per incuriam i.e. the earlier Court of Appeal overlooked something that was binding on it such as a statute the later Court of Appeal are not bound to follow their earlier decision.

Answer 316

Mens rea of a S20 offence is maliciously. In Savage (1991) it was confirmed maliciously meant intentionally or recklessly. It is sufficient to prove the defendant intended his act to result in some unlawful bodily harm, even minor or was subjectively reckless as to the risk.

Answer 317

Connected persons include the following members of a director’ family: their husband, wife or civil partner or partner with whom they have an ‘enduring relationship’, parents, children (and step-children)

Answer 318

A person is guilty of burglary if— (a)he enters any building or part of a building as a trespasser and with intent to commit any such offence Even if did not actually steal anything, only need intent and tresspass

Answer 319

A person is guilty of burglary if— (b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. Trespass needed, steal/attempt to steal or inflict/attempt to inflect GBH also needed.

Answer 320

Over 3 year lease, no exclusive possession, fine/premium paid

Answer 321

A document that complies with s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 - is in writing, signed by both parties and contains all the terms. It will therefore be equitable under s.1(3) of the Law of Property Act 1925. Can create equitable leases

Answer 322

Details of the whereabouts of the keys to the property, an undertaking given by the seller’s solicitors to redeem the mortgage with Barclay’s Bank and confirmation of the exact amount required to complete the purchase.

Answer 323

A witness becomes a turnbull witness when one of the 3 things happens: 1. Witness identifies suspect informally; 2. Witness identifies suspect through formal identification procedure at the police station; or 3. Witness identifies suspect as is known to him personally. The turnbull guidelines only apply if the suspect disputes identification. Witness picking suspect from photographs does not count. Police need to arrest and hold identification procedure if necessary.

Answer 324

They are used when identification evidence is contested. Applicable to voice recognition or identification. Aimed at assessing quality of identification. Warn jury to treat disputed ID evidence with caution since anyone can make an error. Guidlines: 1. Is ID in issue? – when case against D depends wholly or substantially on correctness of ID which defence alleges to be mistaken, judge must warn jury of special need for caution before conv D based on poss false id; 2. Is case wholly or substantially dependant on ID evidence? – judge direct jury to closely examine circs which the identification came to be made by the W; 3. Judge should warn of risks and reason for warning - Consider: how long did W have to see the D?, distance of observation, lighting at time of observation, was observation hindered in anyway by people, traffic etc?, had W ever seen D before and if so how often?, did D have any special reason for remembering accused if Whad seen him before?, time elapsed between original observation at offence and id at police station, was there any discrepancies of accused given by W when first seen and then from his actual appearance?, any specific weaknesses in ID evidence; 4. Jury must consider all circs of the ID – remind jury when a W is purporting to recognise someone he knows, mistakes in recognition of close relatives/friends sometimes made; 5. Good ID evidence – E.g. ID made over long observation, satisfactory conds etc. evidence can be left to jury to safely assess even where there is no other supporting evidence. Adequate warning must have been givenabout special need for caution; 6. Poor UNSUPPORTED ID evidence – E.g. fleeting glimpse, difficult conds. JUDGE SHOULD WITHDRAW CASE FROM JURY AND ORDER ACQUITTAL UNLESS THERE IS SUPPORTING EVIDENCE TO SUPPORT CORRECTNESS OF ID (corroboration evidence) 7. Poor SUPPORTED ID evidence - Judge should identify to jury the evidence capable of supporting ID. Judge should identify to the jury the evidence capable of supporting the ID. If there is any evidence/circs which the jury may think was supporting when it was NOT, judge should inform them. 8. False alibis – care should be taken by judge when directing jury about the support for an Id which may be derived from fact that they have rejected an alibi. False alibis may be put forward for many reasons e.g.: fear own evidence not enough, genuine mistake dates times. If jury satisfied that the sole reason for fabrication of alibi was to deceive them and there is no other explanation that fabrication can provide any sort of supporting ID evidence.

Answer 325

Right to life - absolute (Note that deprivation of life resulting from the use of no more force than is absolutely necessary in narrowly defined circumstances does not constitute an interference with this right)

Answer 326

Freedom from torture, inhuman and depredating treatment - absolute

Answer 327

Freedom from slavery - absolute (Note that certain activities are excluded from the scope of compulsory labour and so do not constitute an interference with this right)

Answer 328

Right to liberty and security of person - limited (exceptions in relation to lawful arrest and detention)

Answer 329

Right to fair trial - absolute as to fair trial, limited in relation to public trial.

Answer 330

Right to punishment according to existing law- absolute ( Article7 does not preclude the trial and punishment of acts that are criminal according to general principles recognised by civilised nations.)

Answer 331

Right to respect for private and family life - qualified

Answer 332

Right to freedom of thought - qualified

Answer 333

Right to freedom of expression - qualified.

Answer 334

Right to freedom of assembly and association - qualified

Answer 335

Right to marry - absolute (according to governing law exercising the right)

Answer 336

Not if the will predates the act (2005)

Answer 337

Not if will predates gender assignment Act (4 April 2005)

Answer 338

Trading contracts and contracts not for the child’s benefit

Answer 339

Bias, fair hearing, acting without lawful authority and lack of reasons

Answer 340

Mandatory ground, must have owned premises for at least 5 years

Answer 341

Not offence (whether imposed by court or police) but likely to be arrested and detained, must be brought before mag in 24 hours

Answer 342

By solicitor as stakeholder - can’t hand over until completion

Answer 343

No only needs to allow solicitor to inspect

Answer 344

Within two months, regardless of if the freehold has been registered

Answer 345

When the head tenants lease is not registered and for term of more than seven years

Answer 346

Any balance of the purchase price to be provided by the buyer, and any stamp duty land tax due on the property and the relevant land registry fee

Answer 347

The most Junior circuit judge, they can only work on a part-time basis in the Crown Court. They can’t fit in the County Court, but they usually start by sitting in the Crown Court.

Answer 348

Where decision of a lower Court was: 1. Wrong; or 2. Unjust due to a serious procedural or other irregularity in the proceedings of the lower Court

Answer 349

For example, a dictionary

Answer 350

Looking at a different part of the act

Answer 351

The client is in breach of his duty to declare his interest in the proposed transaction, and his duty to declare his interest in existing transaction.

Answer 352

Company set up prior to the company act 2006 was subject to the doctrine of ultraviolet, and therefore any act which was outside of the object specified in the companies memorandum of association would be ultraviolet and void.

Answer 353

Personal representatives do not have a personal allowance, and they always pay at the basic rate

Answer 354

7.5% for dividends and 20% for other income.

Answer 355

32. 5% for dividends and 40% for other income.

Answer 356

Intend to damage or destroy property or be reckless as to such damage or destruction, and to intend to endanger life, or be reckless as to whether another life might be endangered

Answer 357

Under section 3 of the landlord and tenant act 1927, the tenant has a right to serve notice and apply for authorisation to carry out alterations. It will then be up to the court to decide if the ads are letting value of the property if they are reasonable and suitable to the character of the property and do not diminish the value of any other property of the landlord. If the alterations to add the Latin value of the property lease is likely to contain attendance covenant to remove all tenants alterations at the end of the term, so they’ll be nothing left in respect of what claim compensation

Answer 358

State the date for acceptance can’t be less than 14 days and can’t withdraw the offer in this time

Answer 359

It does not apply to bonus shares. It does not apply if consideration is whole or part non-cash and it doesn’t apply if being allotted/transferred due to employee share scheme

Answer 360

In absence of misrep

Answer 361

Where a party wishes to revise a costs budget, the budget variation summary sheet must first be submitted to the other party for agreement. The court will then decide whether to approve, vary or disapprove the revision.

Answer 362

A Crown Court trial is always sufficiently important and complex to justify some preliminary hearings.

Answer 363

the fact the boy has been arrested recently for a different allegation would not make him ineligible for a youth caution. The police took no further action in relation to this earlier matter.

Answer 364

If guilt is admitted

Answer 365

Although a youth caution is not a criminal conviction it does form part of the boy’s criminal record retained by the police and may be referred to if an employer makes a Criminal Records Bureau check.

Answer 366

S.33 Wills Act 1837 applies and provides that where a will contains a gift to the testator’s child and that beneficiary dies before the testator, leaving issue of their own who survive the testator, the gift does not lapse but instead passes to the beneficiary’s issue.

Answer 367

Negotiating damages will only be awarded where there is no financial loss other than the chance to negotiate a release fee.

Answer 368

The variation must be in writing, made within two years of the deceased’s death, contain an election that it is to be read back for IHT and CGT and must not be for consideration in money or money’s worth.

Answer 369

Make an application under the Variation of Trusts Act 1958 - court can consent on their behalf

Answer 370

The variation must be in writing, made within two years of the deceased’s death, contain an election that it is to be read back for IHT and CGT and must not be for consideration in money or money’s worth - not working days!

Answer 371

The landlord’s consent can be obtained six months after the original completion date, failing which either party may rescind the contract by serving notice on the other

Answer 372

SCPC 11.3.5 which actually provides that if the landlord’s consent has not been obtained by the completion date, completion is postponed until five working days after the seller notifies the buyer that consent has been given. - WORKING DAYS

Answer 373

Official record of debates - can be used as extrinsic aid in certain circumstances: there is no parliamentary rule which prevents its use but the conditions for such use were set out in the case of Pepper v Hart [1993] AC 593, i.e. that a statute (or particular statutory provision) is ambiguous and that there is parliamentary material recorded in Hansard consisting of clear statements by a government minister (or other promoter) of the Bill.

Answer 374

No - only Attorney General can refer sentence to Court of Appeal if he considers undue leniency

Answer 375

Jury trial - jury's verdict or conviction was not based on reliable evidence and is likely to constitute miscarriage of justice and should be overturned. Court of Appeal correct venue

Answer 376

only if the case originally commences in the magistrates’ (obvs needs to be error of law)

Answer 377

If new and compelling evidence comes to light - not applicable to burglary. Can't object on the basis of it being unsafe.

Answer 378

When sentence is manifestly excessive

Answer 379

Judged on honest belief even if not reasonable - doesn't count if voluntary intoxicated. reasonable force needed (objective)

Answer 380

Taxable supplies exceeds £85,000

Answer 381

Sale of books is 0 rated

Answer 382

The sale of property and property insurance are exempt services

Answer 383

The SCPCs provide for the deposit to be held by the seller’s solicitor as stakeholder. This means that once received from the buyer, the deposit cannot be released to the seller until completion.

Answer 384

SCs provides that the deposit shall be held as stakeholder save where the seller is purchasing another property in England and Wales, in which case the seller may use all or part of the deposit as the deposit on that purchase (agent)

Answer 385

Only if there is a dispute that payment was made

Answer 386

Assuming the man gives evidence during his trial of self-defence, then the prosecution must disprove it beyond reasonable doubt.

Answer 387

For claims valued at less than £50,000 the Costs Budget in Precedent H must be filed with the directions questionnaire. Failure to file the costs budget within the prescribed period will result in an automatic sanction pursuant to r. 3.14 limiting recoverable costs to court fee only.

Answer 388

Senior police officer on scene reasonably believes that the march will result in serious disruption to the life of the community; reasonably believes that the march will result in serious public disorder.

Answer 389

directions prior to the march taking place can only be given by the Chief Constable.

Answer 390

on private land in the open air conducted by 20 uninvited people which might result in significant damage to the land, it is the local authority that has the power to ban the meeting if supported by the Secretary of State. Chief officer as reasonable belief protest will cause significant damage to land then can ask local authority

Answer 391

Writing down allowances may be claimed where the AIA is not available, either because the limit has been used up or because the expenditure is of a type, such as that on cars, which does not qualify for the AIA. WDA on 18% of anything over AIA limit, or on pool of plant and machinery, AIA = £1,000,000

Answer 392

No just need to allow them to inspect

Answer 393

The police must give the solicitor sufficient information to enable them to understand the nature of any such offence and why they are suspected of committing it.

Answer 394

If an agent has authority to enter a contract the agent will have no rights and liabilities under it: the contract will be between the client and the buyer.

Answer 395

limited circumstances the agency may not be disclosed and the principal can adopt the contract by virtue of the doctrine of the undisclosed principal

Answer 396

For apparent authority to arise the representation must have come from the principal. A false representation as to authority by an agent may lead to an action in deceit/ breach of collateral warrant but the principal would not be bound to the deal.

Answer 397

The Contract is to be completed within ten working days of this notice being given, excluding the day on which it is given.

Answer 398

The residential standard conditions also entitle the seller to an automatic top-up of the deposit to 10% of the purchase price. This means that if the deposit held is 5%, upon service of the notice to complete, the buyer must top this up with a further 5%. The standard conditions provide that if the buyer fails to complete after a notice to complete has been served, the seller may rescind the contract, and, if the seller does so, it may forfeit and keep the deposit and accrued interest.

Answer 399

article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use - intention is key.

Answer 400

GDPO been excluded?

Answer 401

Whilst the GDPO grants automatic planning permission for certain categories of development such as developments within the curtilage of a dwelling house (such as extensions below a certain size)

Answer 402

Aid and abet - e.g aided simple arson as she assisted by providing the matches. She intended to do the act (it was deliberate) and had knowledge of the circumstances as she was aware of sufficient facts to know a crime of simple arson would be committed (even if she did not know the exact property involved). Just need to know enough to make conduct criminal

Answer 403

The judge considers the intention of the legislator when the statute was drafted.

Answer 404

Words are given their plain, ordinary and literal meaning.

Answer 405

Words are interpreted according to the meaning of the words that surround them and their context.

Answer 406

Where there are two possible meanings of a word, the court should choose the meaning which avoids an ‘obnoxious’ outcome in terms of public policy.

Answer 407

Provided that the warehouse is based in the UK, the trustees could use their investment powers to purchase the warehouse in the name of the trust and lease it to the son. This might be a convenient way of helping the son – the son does not have to find a large sum of money to purchase the freehold, instead paying smaller and regular rental payments, and the rent will be a form of trust income that benefits the wife as life tenant.

Answer 408

Lease is registered with absolute leasehold title, the best class of title available, then there is no need for the undertenant to see the freehold title

Answer 409

Within 2 months of grant regardless of if freehold is (if lease OVER 7 years)

Answer 410

to benefit from business asset disposal relief, the individual must have:  held over 5% of the shares in a trading company; and  been an officer or employee of that trading company; and  those conditions must have been satisfied for two years prior to disposal of the shares.

Answer 411

To avoid this, the client should, before death, serve on her cohabitee a notice in writing (Law of Property Act 1925, s.36(2)) severing the joint tenancy, thereby allowing her to dispose of her beneficial interest by will.

Answer 412

Right to liberty and security of person - limited right (can be interfered with by state in certain circumstances) One of these is the lawful detention of persons for the prevention of the spreading of infectious diseases, the other is jail

Answer 413

The woman gave her valid consent to the investment and therefore the trustees would have a defence if she brought a claim.

Answer 414

Contract for necessaries – under 18s are bound by a contract for necessaries. The Sale of Goods Act 1979 defines them as ‘goods suitable to the condition in life of the minor and to his or her actual requirements at the time of the sale and delivery’. Necessaries includes food, clothes, accommodation and other essentials and the law says a minor who purchases such necessaries must pay a reasonable price for them.

Answer 415

Contract of apprenticeship, education and service – under 18s are bound by this type of contract if the minor will benefit from it.

Answer 416

if the contract doesn’t fall into the above two categories it is voidable at the minor’s option. This means the contract can be avoided by the under 18 before they reach 18 years of age or within a reasonable time after. What is deemed a ‘reasonable time’ depends on the circumstances of each case.

Answer 417

Bias, lack of reasons, fair hearing, natural justice (4 types)

Answer 418

That they have been directly and personally affected by the act/measure complained of.

Answer 419

That they have a sufficient interest in the act/measure complained of.

Answer 420

when the taxpayer suffers a loss in any of the first four tax years of the new business. That loss can be carried back and set against total income in the three years immediately prior to the tax year of the loss.

Answer 421

Carry back trading loss - Under general rules, businesses can carry back trading losses, and put them against profits in the previous 12-month period. This basically reduces the amount of profit for the previous period, and less profit means a lower tax bill. must be applied to total income

Answer 422

having done an act more than merely preparatory to the offence of XX.

Answer 423

Very large companies must pay the tax in four instalments within the accounting period. The first instalment is due two months and 13 days after the start of the accounting period and the remaining instalments at three monthly intervals thereafter.

Answer 424

Damages would be assessed in the same way as if the misrepresentation had been made fraudulently. Damages are awarded for all consequential losses and assessed on a tortious basis.

Answer 425

the director can be removed by ordinary resolution (s 168 Companies Act 2006) passed at a meeting of shareholders. - written resolution cannot be used. This is because a general meeting to remove a director requires ‘special notice’ (under s 312 CA06) and the director threatened with removal is entitled to speak at the meeting.

Answer 426

The special resolution to change the company’s name, notice of appointment of the director, notice of the change of name and the prescribed fee.

Answer 427

client should be advised that they will have to offer the witness their travel expenses and the amount specified in the relevant Practice Direction as compensation for loss of time.

Answer 428

Common mistake requires that the mistake is a mistake made by both parties as to a fundamental matter in the contract at the moment the contract is made, e.g., the existence of the subject matter. Common mistake must not be the fault of either party, and the contract must not make express provision on the matter. It must be fundamental, ie a mistake that renders the contract fundamentally different from that which both parties anticipated. BEFORE

Answer 429

When calculating how much the claimant expects to recover, the claimant must disregard that the court may make an award of interest or costs or make a finding of contributory negligence.

Answer 430

a personal claim will only be successful if the trust has suffered a loss, or the trustee has obtained an unauthorised personal profit

Answer 431

Benefitted - property register, burdened - charges reg

Answer 432

In the absence of any express provision in the trust deed (as is the case here) a professional trustee is entitled to remuneration for their services as long as there is more than one trustee in office and the other(s) agree to the charge in writing. CAN'T BE RETIRED

Answer 433

Lawful excuse can be used as a defence to simple criminal damage if the defendant honestly believed that the owner of the property would consent to its damage if they knew of the circumstances. HONEST BELIEF

Answer 434

Section 41 of the Administration of Estates Act 1925 gives personal representatives the power to appropriate any assets in the estate in or towards satisfaction of any legacy - requires only the consent of the beneficiary to whom the PR is appropriating.

Answer 435

Under the rules, the claim form is deemed served on the second business day after the step required (here sending by first class post) has occurred. Monday 5 April is a business day, as is Tuesday 6 April so the claim form is deemed served on the Tuesday. However, different rules apply to other documents. BUSINESS DAY

Answer 436

Delivered to address before cut off of 4:30? That day. if not - second business day

Answer 437

no repayments of interest for two months

Answer 438

the claimant has 21 days to appeal against a County Court decisio

Answer 439

The legal charge must be registered at Companies House within 21 days of its creation and at Land Registry within the priority period conferred by the OS1 search result.

Answer 440

Becoming intoxicated is a ‘reckless course of conduct’ (DPP v Majewski [1976]) sufficient to constitute the mens rea.

Answer 441

No, because the former partner did not have knowledge that her name was still on the firm’s notepaper.

Answer 442

The PRs should place advertisements in the London Gazette and in a local newspaper and wait two months from the date of the advertisements before distributing the estate.

Answer 443

The accused can defend themselves in person or may be eligible for publicly funded legal assistance or pay for this privately if they can afford it. They must be granted adequate time and facilities for the preparation of their defence.

Answer 444

The son could challenge the validity of the woman’s will on the grounds that she did not know and approve the contents and also that she lacked testamentary capacity.

Answer 445

the mixed asset has been purchased using a mixture of funds taken from two innocent trusts, the beneficiaries of the family trust can only assert a proportionate interest in the car whether it has increased or decreased in value. The best result for the beneficiaries of the family trust therefore is a one-third interest in the car.

Answer 446

The trustees will not be liable if they appointed the agent in writing and provided a policy statement and reviewed their work

Answer 447

The order form should be included in Part 3 of the claimant’s list of documents.

Answer 448

The order form should be included in Part 3 of the claimant’s list of documents.

Answer 449

Is the issue in dispute, will it support either C or Ds case on issue

Answer 450

The rule is that for the first year, partners are assessed on the trading profit from joining the partnership to the end of the tax year.

Answer 451

the company w its final 12 months of trading

Answer 452

No - all benes need to be abslutely entiteld

Answer 453

Yes but in own name not in firm name

Answer 454

No - not if loss wipes out gain. Can carry remaining loss forward

Answer 455

Signed by the company by a person acting under implied or express authority

Answer 456

It is capable of being legal provided it was created by deed, and it is a proprietary interest

Answer 457

Doctrine of complete performance - can the contractor show he substantially performed the contract and the works are only slightly defective ? If defects are going to cost more than 1/14 price then no as the contractor hasn’t performed the contract precisely and accurately

Answer 458

Need rank of superintendent to approve, if not available then not below inspector

Answer 459

Use litigation friend

Answer 460

Notify witnesses of trial, once received confirmation of attendance serve witness summons. Usually served by the court. Can be fined or imprisoned if in high court

Answer 461

Aiding - assisting. Need to intend to do it and have sufficient knowledge to know crime will be committed. Abetting - encouragement at time of offence

Answer 462

Qualified right - only under certain conditions. Legitimate aim, necessary and proportionate. E.g violent behaviour. If not then props not

Answer 463

Yes if common intention of parties was that client should be able to withdraw. Unless it goes without saying and there is an implied promise to allow chance to earn commission (unlikely on facts)

Answer 464

Must inform suspect for reason for arrest at scene or at interview

Answer 465

- By the operation of s.62 of the Law of Property Act 1925; Where the land was previously in common ownership and: the common owner exercised over one part of the plot a right which could have been an easement if the plots were in separate ownership; the exercise of the right was continuous and apparent; and the exercise of the right is necessary for the reasonable enjoyment of the dominant land. (This is known as the rule in Wheeldon v Burrows (1879) 12 Ch D 31)

Answer 466

- Review steps parties have taken to prepare the case - Check compliance with directions - Impose further directions for future conduct

Answer 467

Seek to block judicial review and are contained in legislation. Only protect valid decisions. Up to court to decide if legally valid. Would be able to exclude with JR with clear and explicit words but this hasn't happened yet - full ouster clause. Partial ouster clause - courts more amenable e.g can only challenge in 6 weeks.

Answer 468

Advertise and don't disburse assets for 2 months

Answer 469

Get Benjamin Order

Answer 470

Don't distribute assets for 6 months from date of grant - this is the time limit under the Act for making a claim

Answer 471

Eiusdem Generis is when the judge has used a rule of language to interpret a general term alongside more specific terms listed in the statute. For example, judge looking at other words in a statute to help decide what another word means

Answer 472

Charging order application does not need advance notice to debtor, any resi lenders or spouse of debtor - this would be counterintuitive. The application will be served with supporting documents along with the interim charging order once made.

Answer 473

HMRC may request the taxpayer to make just and reasonable adjustments to the amount of tax paid. No such thing as written warning, no power to impose fine, no need to refer matter to tribunal

Answer 474

Success fee is limited to 100% of the usual hourly rate in CFAs (in PI cases also a general cap of 25% of damages) and the contingency fee cannot exceed 50% of the awarded damages in DBAs inc VAT. Cap inc of cousnel's fees but not other disbs. Cap doesn't apply to appeals. Lower cap in PI cases = 25% of general damages for pain/suffering (other than future pecuniary loss). Employment cases = 35%.

Answer 475

Equitable lien

Answer 476

In terms of freedom of thought, conscience and religion, it is an absolute right, therefore any interference can never be justified. The right to manifest religion or belief is a qualified right and therefore can be interfered with subject to justification. Interference: 1. prescribed by law; 2. pursuit of legitimate aim; and 3. Proportionate.

Answer 477

The declaration of incompatibility is directed at the minister who introduced the original bill in Parliament. The minister has a remedial power to make the necessary changes, but she does not have to do so. Aimed at minister, minister can change, not obliged, not aimed at parliament.

Answer 478

* a director, in their personal capacity, or someone connected with a director * buys from or sells to the company * a non-cash asset * of substantial value. Need ordinary res

Answer 479

Member of family, or a company director which the director or a connected person owns 20% or more of shares, or can exercise control of MORE THAN 20% of voting power at any general meeting. So would either need to own at least 20% of all shares, or over 20% of shares that give voting rights.

Answer 480

the director’s spouse or civil partner; * the director’s child or stepchild; * the director’s parents; * any person who lives in an enduring relationship with the director as their partner; and * any children of a person who lives in an enduring relationship with the director as their partner E.g not grandparents, or siblings

Answer 481

This is defined as any property or interest in property, other than cash (s 1163 CA 2006). So, for example, a loan would not be covered. Loans to directors are covered separately in the CA 2006 (see 3.22.2).

Answer 482

It will automatically be classed at substantial if its value is over £100,000. * It will also be substantial if it is worth more than £5,000 and more than 10% of the company’s net asset value. BASED ON NET ASSETS - just satisfy one test. First look for OVER100k, if not, look for OVER 5k, then see if it is OVER 10% of total net asset value.

Answer 483

Need practicing certificate, ensure charity has correct insurance in place

Answer 484

Taxpayer must apply for the relief – they are not applied automatically by HMRC. 1. Start-up loss relief (also known as early trade losses relief) 2. Carry-across/one-year carry-back relief for trading losses generally 3. Set-off against capital gains 4. Carry-forward relief 5. Carry-back of terminal trading loss 6. Carry-forward relief on incorporation of business

Answer 485

- Suffered any loss in first 4 years of new business - Carried back and set off against total income in 3 years before tax year of year of loss - useful if start new business, made loss, but had income from former business/employment - Must be set off earlier years before later years - Must be made before the first anniversary of 31 Jan following the tax year loss incurred (not that long)

Answer 486

Trading losses in an accounting period are treated as losses of the tax year in which the accounting period ends. 4 options for this relief: 1. set against total income for same tax year; 2. set against total income for year before; 3. set against total income from the same tax year until that income is reduced to zero, with the balance of the loss being set against total income from the tax year preceding the tax year of the loss (use up for this year than carry back 1 year); 4. set against total income from the tax year preceding the tax year of the loss until that income is reduced to zero, with the balance of the loss being set against total income from the tax year of the loss (flipped around, last year first then this year) - losses must be set against TOTAL INCOME, LOSE BENEFIT OF PA - Must be made before the first anniversary of 31 Jan following the tax year loss incurred (not that long)

Answer 487

Applied when has claimed carry-across relief but not all of the loss has been absorbed. - set trading losses against chargeable gains in same tax year as loss - Must be made before the first anniversary of 31 Jan following the tax year loss assessed (not that long) - unusual as allows relief from chargeable gains as well as income

Answer 488

- Carry forward loss and set it against subsequent profits - Must take off EARLIER YEARS FIRST - Carry forward indefinitely until loss is exhausted (no bar) - Notify HMRC of intention to carry forward relief no more than 4 years AFTER THE END OF THE TAX YEAR LOSS INCURRER - A taxpayer can use all of carry-forward, carry-across and carry-back reliefs in relation to the same loss, until the loss is wiped out.

Answer 489

- Any loss incurred in the final 12 months of trading - Can be carried across and set against trading profits AND THEN carried back and set against trading profits in the PRECEDING 3 YEARS - Must start with year of loss and move back sequentially until loss absorbed or the 3 year limit is reached - NO CAP ON AMOUNT - How can there be loss and profit in one year? the rules allow other sources of income which are connected to the trade but not a profit of trade - May get tax rebate This relief can only be applied to trading income, not to non-trading income or capital gains!! - Must be made no more than 4 YEARS AFTER THE END OF TAX YEAR OF LOSS

Answer 490

- If incorp business by transferring to company wholly or partly in return for shares, trading losses not been relieved can be carried forward and set against any income they receive from the comp (e. g salary, dividends) 80% of consideration must be SHARES in COMP - Can set loss against more than 1 type of income until absorbed - CAN CHOOSE ANY ORDER - NO CAP - Can be carried forward indefinitely - Notify HMRC of intention to carry forward in 4 years from end of tax year of loss

Answer 491

1. Start-up relief and carry-across/carry back = Cap is greater of £50,000 or 25% of income in the tax tear in relation to which relief is being applied - doesn't have great significance because the cap relates to income from sources other than the trade which produced the loss

Answer 492

Defence under s 214(3). This is that director took every step she should have done with a view to minimising the potential loss to the client’s creditors if it went into insolvent liquidation

Answer 493

The court MAY extend the stay for such specified period as it thinks fit. Discretionary.

Answer 494

1. Appeal allowed if decision of lower court was wrong; or 2. Unjust due to a serious procedural irregularity or other irregularity in proceedings.

Answer 495

The forum, when there is an appeal from circuit judge of county court to high court, is usually a ‘divisional’ court, meaning a panel of two judges.

Answer 496

High court regardless of circuit or district judge

Answer 497

Evidence: new evidence should not be introduced (focus on nature of decision rather than info and facts) Success: only if have real chance of success, or some other strong reason - consider: proportionality and efficiency

Answer 498

Depends on geography. It will be handled within the relevant circuit, ie the North East, North West, Midlands, Wales, South East and London, or South West.

Answer 499

Decisions are by a majority, and so there will be an odd number of judges hearing the matter, usually three, but sometimes five or even seven, Lords or Lady Justices of Appeal

Answer 500

1. Real prospect of success; or 2. Other compelling reason.

Answer 501

1. Real prospect of success AND raises important point of principle or practice; OR 2. Other compelling reason.

Answer 502

1. Apply for permission from court making decision (time - in time frame stated by court or 21 days after decision (JUST TO APPLY); 2. Serve on other side NOT LATER THAN 7 DAYS; 3. respondent file and serve notice of their own in 14 DAYS after receipt of notice; and 4. Court needs A's grounds of appeal (skeleton atleast).

Answer 503

Usually higher judges in family court.

Answer 504

Written opinion by judge in appeal case who disagrees with the Court's decision.

Answer 505

The Civil Division hears appeals from the High Court, the Family Court and tribunals.

Answer 506

5 - can be as low as 3 or as high as 9

Answer 507

1. being asked to depart from previous decision; 2. high constitutional importance; 3. great public importance; 4. conflict between previous decisions or if previous decisions need to be reconcilled; 5. case involving important point re ECHR.

Answer 508

Follows its own practice direction

Answer 509

Yes and also devolution matters

Answer 510

Application first made to CoA. If unsuccesful apply to Supreme Court. Done 28 days from date of Court of Appeal order. Appeal process does NOT suspend the decision of the court below.

Answer 511

Major decisions by the Supreme Court involve the full Court, but some procedural decisions may be taken by a single justice and the Court Registrar. These include matters relating to time limits, non-compliance with rules, withdrawal of an appeal and certain costs matters. The Registrar will normally make a decision without an oral hearing but may direct one to take place if deemed necessary.

Answer 512

Courts from other jurisdictions

Answer 513

A convicted defendant can appeal against conviction or sentence or both. Appeal to to Crown Court. Full rehearing in front of judge and at least 2 Mags. The judge provides legal analysis and the mag's are obliged to follow.

Answer 514

Very unlikely

Answer 515

A similar bench of a judge and two magistrates also hears appeals against sentencing. There is less argument over the facts in this situation, and more attention to the law and practice of the sentencing regime

Answer 516

No - is an auto right. File notice of appeal within 21 days of verdict.

Answer 517

D & P - Admin Division - QBD High Court. Basis of error of law, ruling in excess of jurisdiction, or insufficient evidence. Application made within 21 days,

Answer 518

Yes - on frivolity. Can then apply direct to High Court for mandatory order.

Answer 519

2 - will take facts as decided in lower court.

Answer 520

Leave to appeal is required, unless the trial judge has already certified the matter is fit for appeal, in which case an appellant should serve notice within 28 days of conviction or sentence.

Answer 521

trial judge or CoA.

Answer 522

The appellant should show solid grounds, in essence to establish the conviction was unsafe. For example: 1. Error of law (e.g when judge sums up to jury); 2. Material irregularity (e.g jury room discussions with outside world via social media); 3. Obtaining fresh evidence that was NOT available or relied on an trial. The defendant can also appeal against sentence if the sentence is manifestly excessive, or if the court imposed a sentence it has no power to make. There is no full rehearing. However, the court may hear new evidence if it provides a basis for allowing an appeal.

Answer 523

- The Attorney General, a Government minister, may refer a point of law to the Court of Appeal on behalf of the prosecution following acquittal. This does not change the original verdict, purely serving to clarify the law for future reference - The Attorney General to request the Court of Appeal to review an unduly lenient sentence.

Answer 524

Pros & D - rules and procedures very similar to Mag

Answer 525

Court of Appeal or the Administrative Court

Answer 526

Defendant or Pros - must be exceptional case of public importance

Answer 527

For the Supreme Court to hear a matter, the court below must certify there is a point of law of general public importance, and it must appear to either that court or the Supreme Court the point is one that ought to be considered for appeal.

Answer 528

A select few appeals do not require such a certificate: for instance, an application for habeas corpus, appeals relating to declarations of incompatibility under the Human Rights Act 1998, and certain instances governing contempt of court

Answer 529

1. Mag to High Court (case stated) 2. Crown Court to CoA - need leave from trial judge or CoA (NO RIGH TO APPEAL AGAINST JUDGE MISDIRECTING JURY IN SUMMING UP) 3. Attorney General from CC to CoA = unduly lenient sentence 4. CoA - SC

Answer 530

The JCPC is the court of last resort for criminal appeals from Commonwealth countries. It is unusual for the lower court to have the power to grant leave unless the case raises questions of great and general importance, or there has been some grave violation of the principles of natural justice. If permission is refused by the lower court, you can apply to the Privy Council itself for permission providing this is done within 56 days.

Answer 531

“The Court of Appeal shall allow an appeal against conviction if they think that the conviction is unsafe; and shall dismiss such an appeal in any other case.” in plain mans speaking if the court has some doubt about whether the guilty verdict was correct then they must allow the appeal. Think miscarriage of justice etc.

Answer 532

Once a Part 36 offer has been made, the offeree has 7 days in which to request clarification of the offer (regardless of what the offer says).

Answer 533

As the property is situated in England, the tenant’s solicitor will need to check whether SDLT is due and, if it is, ensure that the SDLT1 and SDLT payment are submitted to HMRC within 14 days of completion of the grant of the lease/completion of sale.

Answer 534

E.g not yet run at her husband, pointed the handgun or pulled the trigger.

Answer 535

an implied covenant that the seller has not incumbered the title to the property and the seller is not aware that anyone else has done so since the last disposition for value.

Answer 536

Full title guarantee means that there is an implied covenant that the land is disposed of free from incumbrances other than those the seller does not know about and could not reasonably know about.

Answer 537

14 clear days - if notice emailed or posted adds on 48 hours (consider weekends etc).

Answer 538

It does but can only termination if incidental tot he main object of the contract

Answer 539

Official copies of the tenant’s title to the lease, a draft contract for the assignment of the lease, a copy of the insurance policy for the property, a copy of the receipt for the last insurance premium due, a copy of the receipt for the last payment of annual rent and a copy of the tenant's lease. Think - does tenant's title need to be deduced? If title absolute then no

Answer 540

The transfer of the registered leasehold title (the TR1) will be drafted by the prospective assignee’s solicitor.

Answer 541

Yes (depending if) - yes because she is in one of the categories of people who can make a claim, has reasonable financial provision been made for her and she can claim such financial provision as is reasonable in the circumstances whether or not it is required for her maintenance.

Answer 542

Iintentionally or recklessly damage property belonging to another by fire.

Answer 543

Yes - if director is also a director of holding company an ordinary res must be passed from holding co to authorise the loan.

Answer 544

a memorandum setting out the terms of the loan and the company’s liability must be made available for inspection at the company’s registered office for 15 days prior to the general meeting at which the ordinary resolution will be proposed, and at the general meeting itself. If the board wishes to propose the ordinary resolution by written resolution, a copy of the memorandum must instead be sent out with the written resolution and does not need to be available for inspection at the company’s registered office

Answer 545

1. expenditure on company business. This covers expenditure for the purposes of the company or for the purposes of enabling the director to properly perform their duties. This exception is only available for a loan or loans up to a maximum of £50,000; 2. expenditure on defending civil or criminal proceedings in relation to the company or an associated company; 3. expenditure on defending regulatory proceedings or defending himself or herself in an investigation by a regulatory authority; 4. minor and business transactions, as long as the transactions and any other relevant transaction or arrangement does not exceed £10,000.

Answer 546

If the company lends money to a director without the shareholders first passing an ordinary resolution, the transaction or arrangement is voidable at the instance of the company. VOIDABLE NOT VOID The director who loaned the money from the company and any director who authorised the transaction or arrangement are liable to account to the company for any gain they have made, and are jointly and severally liable to indemnify the company for any loss or damage resulting from the transaction or arrangement

Answer 547

Approx every 2 hours - does not need to be exact Suspects are to be given an eight-hour break if being interviewed over a 24 hour period. This should usually be at night. Breaks are required at recognised meal times.

Answer 548

The court could grant an order that unless the claimant files full particulars of claim setting out their reasons for claiming the damages within seven days of service of the order, the claim will be struck out. - WILL BE struck out, not could be

Answer 549

30 WORKING day

Answer 550

Bankruptcy Search (K16) Land Charges Search (K15) Official Search of Whole with Priority (OS1) Official Search of Part with Priority (OS2)

Answer 551

One party may be ordered to pay or contribute towards the other party’s costs if it can be established by way of admissible evidence that its conduct caused mediation to fail where otherwise the mediation would have had a reasonable prospect of succeeding.

Answer 552

must be in writing and signed by the testator in the joint presence of two witnesses, who must then witness the testator’s signature by signing the codicil in the testator’s presence. Same as other wills. If not executed correctly then invalid, will fail, and terms of origial will are unaffected

Answer 553

Although the High Court in its appellate role usually binds itself, it can depart from previous decisions where they are made through carelessness. This follows the principle adopted by the Court of Appeal in Young v Bristol Aeroplane [1944] KB 718. Incidentally there is no presumption the High Court in its first instance role binds itself. Per incuriam - through carelessness

Answer 554

The personal representatives are responsible for paying the funeral and testamentary expenses from the residuary estate. NOT MORTGAGE

Answer 555

1. Acting without legal authority 2. The rule against delegation 3. Fettering of discretion - Acting under dictation of another & Applying general policy in too strict a manner 4. Using powers for improper/unauthorised purpose 5. Dual purposes 6. Taking account of irrelevant considerations or failing to take account of relevant considerations 7. Errors of law 8. Errors of fact

Answer 556

1. so outrageous its defiance of logic or of accepted moral standards that no sensible person could have arrived at it

Answer 557

1. so outrageous its defiance of logic or of accepted moral standards that no sensible person could have arrived at it

Answer 558

Procedural impropriety is a ground for challenge based on the way in which a decision has been reached: 1. Procedural fairness/natural justice; or 2. Procedural ultra-vires

Answer 559

Statutory procedural requirements - some are mandatory some are directory.

Answer 560

(a) rule against bias; and (b) fair hearing - forfeiture cases; legitimate expectation cases; application - consider right to reasons These are common law

Answer 561

Every five years or so, the public elects a new Executive; until the public vote again the Executive can usually take control of the legislative agenda because the Executive dominates the Legislature when it has a majority in Parliament, and the public cannot remove the Executive from office.

Answer 562

No - exemption clause won't be binding

Answer 563

On completion of the registration the Land Registry will forward an official copy of the entries on the register, known as a Title Information Document to the buyer’s solicitor.

Answer 564

Within 2 months of completion

Answer 565

only be engaged where the interference affects the financial value of property.

Answer 566

completion is postponed until five working days after the tenant (defined in the SCPCs as the ‘seller’) notifies the assignee (defined in the SCPCs as the ‘buyer’) that the landlord’s consent has been given. Note, 5 WORKING days

Answer 567

1. Fraud by false representation; 2. Fraud by failing to disclose info; or 3. Fraud by abuse of position. Dishonestly makes (false rep, fails to disclose that which he is under legal duty to, abuses position to safeguard or not act against financial interest of another person); AND Intends to make a gain for himself or another or cause loss to another (or expose another to a risk of a loss)

Answer 568

generally not able to impose a custodial sentence without first obtaining a pre-sentence report (PSR). Further, in Rafferty [1999] 1 Cr App R 235, the Court of Appeal held that where a person who has been on bail enters a guilty plea at the 'plea before venue' hearing, the usual practice should be to continue the bail, even if it is anticipated that a custodial sentence will be imposed (by the Crown Court) unless there is good reason for remanding in custody

Answer 569

Parliament controls its own processes and procedures.

Answer 570

Parliament controls its own processes and procedures.

Answer 571

Yes pay to HMRC and then reclaim when loan is repaid, waived, written off.

Answer 572

The general rule is that it should be served at least seven days before the date on which the witness is required to attend court. Court can allow less time.

Answer 573

Limited - AT LEAST 90% PLC - At LEAST 95%

Answer 574

Once liability has been provided or admitted, or, court is satisfied that, if the claim went to trial, she would obtain a judgment.

Answer 575

Half of entitlement, after 2014 Oct, full

Answer 576

the definition of a shadow director is a person with whose directions the directors are accustomed to act

Answer 577

The company can assert proprietary claims to recover property wrongly taken in breach of fiduciary duty, in the same way that a beneficiary can assert proprietary claims to recover property wrongly taken in breach of trust. Can claim from third party if had the requisite degree the money was stolen or was suspicious but didn't ask questions.

Answer 578

Article 5 - right to liberty and security of person. It is a limited right which can be interfered with in certain situations. One of these is where an individual is arrested and detained to ensure that he complies with a court order.

Answer 579

Absolute - can never be interfered with Limited - Can be interfered with in certain situations Qualified - Can be interfered with in the pursuit of legit aim, that is prescribed by law, and is proportionate

Answer 580

No, if: 1. appointed in writing; agent given policy statement; and 2. reviewed work regularly.

Answer 581

1. Legal date for redemption passed (usually 1 month in) or instalment of mortgage money as become due;

Answer 582

Implied into a legal deed or may be express

Answer 583

(i) the lender has given the borrower notice to repay the loan amount and the borrower has not paid the sum for three months after such notice; or (ii) interest is in arrears for two months after becoming due; or (iii) the borrower has breached a term of the mortgage (other than the covenant to pay the mortgage money or the interest thereon).

Answer 584

Part 3 of the list concerns those documents which a party is aware exists but no longer has control over

Answer 585

The rule is that for the first year, partners are assessed on the trading profit from joining the partnership to the end of the tax year.

Answer 586

must listen to any beneficiary who is of FULL AGE and beneficially entitled to an interest in possession in the land. Trustees must (as far as consistent with the trust) give effect to their wishes. Includes life tenants (right to income). This is not the case for personalty - in that case benes cannot control the exercise of trustees discretions

Answer 587

As it is an old lease, s141 Law of Property Act 1925 governs the passing of the benefit of the covenant to pay rent to the current landlord.

Answer 588

It establishes the rule that covenants in leases with a sufficiently close relation to the land "run with the land," and will bind assignees of the leasehold. Applies to successor tenants (when tenant dies).

Answer 589

On the fast track the court will usually order a single joint expert, unless there is a good reason to appoint separate experts.

Answer 590

The covenant made by the woman is a restrictive covenant and therefore equitable by nature – s.1(3) LPA 1925. Even though it has been made by deed, it retains its equitable nature and is therefore not good against the whole world. Only the burdened land has changed hands. The manager is only bound by the covenant if the criteria in Tulk v Moxhay are met. The final criteria is that the purchaser, the manager, must have notice of the covenant. In unregistered land such a covenant is protected by a D(ii) land charge – s.2 LCA 1972. If it is not so protected, it will be void against a purchaser for money or money’s worth of the legal estate – s.4(6) LCA 1972. The man can pursue the woman via privity of contract. The woman could then pursue the manager if there is an indemnity covenant in conveyance.

Answer 591

Decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity. Requirments: 1. Cov - negative 2. At date of cov, must benefit dominant land 3. Must touch and concern the land 4. The covenant must be made with the intention to burden the servient land.

Answer 592

section 19(3) Landlord and Tenant Act 1927 provides that an increase in rent cannot be charged by the landlord as a condition of giving consent, provided no structural alterations are involved in the change.

Answer 593

The intestacy rules impose a trust over all the property (real and personal) in respect of which a person dies intestate (s 33 AEA 1925). That property is held on trust by the person(s) dealing with the estate – the personal representative(s) or PRs. This trust is similar to the usual express trust found in a will (see Chapter 5) and includes a power of sale. Part of estate that doesn't go to spouse will go to issue on a stat trust.

Answer 594

Where there is no surviving spouse or civil partner, or where the spouse or civil partner dies within 28 days of the intestate, the residuary estate is divided between the intestate’s relatives in the highest category in the list below: (a) issue on the ‘statutory trusts’, but if none, (b) parents, equally if both alive, but if none, (c) brothers and sisters of the whole blood on the ‘statutory trusts’, but if none, (d) brothers and sisters of the half blood on the ‘statutory trusts’, but if none, (e) grandparents, equally if more than one, but if none, (f) uncles and aunts of the whole blood on the ‘statutory trusts’, but if none, (g) uncles and aunts of the half blood on the ‘statutory trusts’, but if none, (h) the Crown, Duchy of Lancaster, or Duke of Cornwall (bona vacantia). Parents, spouse, grandparents and the Crown don't have stat trust.

Answer 595

This means that members of the specified class categories take the estate equally (children under 18 take their interest contingently upon attaining 18 or marrying earlier), and that issue of a deceased relative may take that relative’s share. (Again, a person with an interest under the statutory trusts who dies without attaining a vested interest but leaving issue, will be treated as having predeceased the intestate so that they can be replaced by their own issue. To be substituted, the issue must be living at the intestate’s death.) This means that relatives not mentioned in s 46 (eg nephews, nieces and cousins) may inherit on intestacy if their parents died before the intestate

Answer 596

Applies when person exercising the undue influence is not the person for whose benefit the loan is made - e.g wife taking out guarantee for her husbands business. The Etridge guidelines provide that the solicitor would need to obtain confirmation from the wife that she wants the solicitor to act for her and to advise her on the practical and legal implications of the transaction. This should occur at a face-to-face meeting between the solicitor and the wife in the absence of the husband.

Answer 597

Don't need IHT - there are 3 categories: 1. Small estates; 2. Exempt estates; and 3. Non-domiciled estates.

Answer 598

Not if committed to cc for sentencing

Answer 599

if the transaction involves 50% or more of the voting shares in the company.

Answer 600

Yes if assignore will remain liable i.e if old lease or if gave AGA

Answer 601

No best to appeal against bail decision in CC

Answer 602

First hearing after hearing where mag refused bail, can make a full application as to any argument of fact and law even if already made

Answer 603

Only if can refer to new argument

Answer 604

Man saw some risk, and it was unreasonable of him to take risk

Answer 605

Yes will be valid on facts - will be valid in absence of impropriety or wrongdoing

Answer 606

No the rent cov will be excluded, can only claim direct re breaches of other covs

Answer 607

Not sufficient defence, need consent to continue with purchase

Answer 608

Writing down allowance and annual investment allowance - pooled plant and machinery, can deduct 18% from chargeable receipts for trading profit. Same with aia but do whole amount up to 1 mill and then 18% on any left over

Answer 609

Actus Reus and Men’s Rea of theft but also threaten or use force against victim or another right before or at time of theft in order to steal

Answer 610

Advertise, wait 2 months, and take out insurance or hold back assets, before distribution or get indemnity from benes. If huge amount maybe apply to court

Answer 611

An current asset

Answer 612

Yes - need special resolution to amend articles

Answer 613

No only to promote success of company (and not for improper purpose). If director chose to borrow rather than allot shares to retain control this is an improper purposes. The company could bring action for breach of duty

Answer 614

Enter into an agreement for lease asap to secure property

Answer 615

Provisionally after defence issued

Answer 616

If the value of the claim is not more than £10,000 and the damages claimed for pain, suffering and loss of amenity (‘PSLA’) is not more than £5,000, the claim is suitable for the small claims track.

Answer 617

Carry out land reg search OS1 (in name of lender even though not acting for them). If buyer is company then company search for solvency, if individual bankruptcy search (K16)

Answer 618

Confirm oral notice at end of hearing of appeal and BEFORE D RELEASED FROM CUSTODY. Must confirm oral notice of the appeal in writing and serve written confirmation on the defendant within 2 hours of the conclusion of that first hearing in the magistrates’ court - very speedy

Answer 619

Will confer 15 WORKING day priority period

Answer 620

Set aside unlawful decisions but can't be used if council have refused to even look at an application. A mandatory order will force council to look at application.

Answer 621

Requiring him or it to do some particular thing specified in the order

Answer 622

depend on whether there was a valid force majeure clause or the lease otherwise included an express provision on the matter.

Answer 623

The consent of the freeholder to the grant of the underlease by the Tenant to the Business and a direct covenant from the Business to the freeholder to perform the covenants in the Lease (other than for non-payment of rent) and the underlease.

Answer 624

As there will still be at least two trustees (2in this case) in place once the trustee retires, the trustee can retire by deed with the consent of the other trustees and without the need to appoint another trustee, or involve the court or beneficiaries.

Answer 625

A director can only be dismissed before the expiration of their period of office by an ordinary resolution of the shareholders (s.168 Companies Act 2006).

Answer 626

Yes (for shares - if private co. with 1 class of shares). A director may be appointed either by the board or by an ordinary resolution of the shareholders (Model Article 17), so shareholder approval is not necessarily needed. It is usually quicker and more convenient for the board to make the appointment.

Answer 627

Judgments of the ECtHR are binding on the UK as a matter of international law, but have no direct binding force in domestic law (can't enforce decision in UK Courts)

Answer 628

Only those with OVER 25% of the company’s shares need to be on the PSC register.

Answer 629

Issue proceedings and then ask the debtor to agree to apply to the court to stay the proceedings so the pre-action steps can be carried out.

Answer 630

The man can appeal to the Court of Appeal (Criminal Division) against conviction or sentence with leave of the trial court or Court of Appeal because the confession was unreliable. The Court of Appeal held that Mr Roberts had been induced into making a confession therefore it should be excluded on the grounds of unreliability. This case confirmed that a confession can be made outside of the police station but a conviction must comply with legal requirements: a trial should be fair and a defendant must not be duped into confessing. The man can therefore appeal to the Court of Appeal (Criminal Division) because his confession was unreliable only if the trial judge issues a certificate that the case is fit for appeal or if the Court of Appeal (Criminal Division) gives permission.

Answer 631

Administration of Estates (small Payments) Act 1965 - accounts with £5,000 or under e.g building society, prem bonds. Moveable personal property such as the clothing and car can normally be sold without a grant and there is no limit on value. Cash found in the home of the deceased similarly does not require a grant. Joint property, such as the house (held as beneficial joint tenants) passes by survivorship, not under the will, so any grant is irrelevant. The benefit of the life policy was assigned by the man and therefore a grant is not required as it does not form part of the estate.

Answer 632

The former.

Answer 633

Blocking damages for disrepair – The Leashold Property (Repairs) Act 1938 significantly limits a landlord’s right to claim damages or forfeiture for disrepair during the currency of a tenancy. The 1938 Act applies to all leases for a term of not less than 7 years, provided there are 3 years or more to run from the date of service. if counter notice served, need leave of court to forfeit.

Answer 634

it is an oral statement made by her friend outside court that the woman is repeating to prove its truth – that the stable are not untrustworthy. However, the evidence is inadmissible because it is opinion and not based on facts personally perceived by the woman’s friend (just as the friend could not give this evidence herself to the court, so the woman cannot repeat it to the court).

Answer 635

A personal claim for breach of trust is usually subject to a six-year limitation period (s21 of the Limitation Act 1980). This period starts to run from the date of breach. Unless the breach is fraudulant then no limit (but only on trustee that committed fraud)

Answer 636

1. An assurance giving rise to an expectation that the claimant would have an interest in land 2. The claimant must demonstrate reliance on the assurance 3. The claimant must have acted to their detriment as a result of the assurance.

Answer 637

Priority between registered legal mortgages is governed by s48 LRA 2002 and the first to appear on the register takes priority.

Answer 638

1. redemption of any prior mortgage to which the sale is not made subject, that is any mortgage which has priority over the selling mortgagee’s mortgage 2. Secondly, the selling mortgagee’s expenses of sale will be paid. 3. Thirdly, the selling mortgagee’s mortgage will be redeemed and, finally, any surplus will be paid to the owner.

Answer 639

In the case of a will the solicitor should not take instructions from anyone but the client. The dangers of misunderstanding and/or deceit mean that it would not be in the best interests of the client (principle 7) to take instructions from an intermediary.

Answer 640

1. Need 5% of voting shares 2. Need leave of court to continue 3. If SH likely to ratify breach, leave unlikely to be granted 4. Permission must be refused if ratification has taken place by the time of the permission hearing 5. If ratification has not yet taken place by the time of the hearing, the court must take into account the fact that the breach is likely to be ratified

Answer 641

company is a legal personality and as such, only the company has the right to sue if there is a wrong perpetrated against the company. A derivative claim can be brought against a director or another person or both and the term director includes former directors and shadow directors The statutory derivative action permits a shareholder to bring a claim against wrong which occurred in the past before he became a member of the company.

Answer 642

the one produced by the City of London Law Society.

Answer 643

The form of certificate of title approved by the Law Society and UK Finance is used in residential transactions.

Answer 644

certificate of title will often be addressed to the buyer and the lender, sometimes just the lender.

Answer 645

Final version of the certificate of title will be provided immediately prior to completion, not before exchange of contracts. Drafts will be provided to the buyer/lender’s advisors at earlier stages in the transaction so they will have early warning of any major issues.

Answer 646

An exception to this rule allows a solicitor to appear before the Crown Court on an appeal from the magistrates’ court where, as is the case here, the solicitor (or his firm) represented the individual who is making the appeal in the original trial.

Answer 647

Yes - subject to option to tax.

Answer 648

The effect of the SCPC being incorporated into the contract is that, by virtue of SCPC 2, the seller warrants that the sale is a chargeable supply and the buyer is to pay an additional amount equal to the VAT on completion. In this way, nothing further needs to be done to the draft contract to deal with VAT.

Answer 649

supply of a ‘new’ building within three years of construction is standard-rated so VAT will have to be charged.

Answer 650

Although the older sister has said to the younger sister that she should feel free to do whatever she wants, she will be an accomplice to the theft as the offence was within her contemplation when she encouraged her younger sister to take the glass. whilst someone who takes reasonable steps to withdraw from the plan will avoid liability as an accomplice, the steps the sister took were not sufficient by simply saying she was no longer going to go ahead with it.

Answer 651

Yes, a non purchaser for value of the legal estate is bound by implied trusts

Answer 652

Raise pre-contract enquiries of the seller, carry out a search of the registers of common land by way of an Optional Enquiry of the Local Authority (CON29O) and make specific additional enquiries of the local authority to check for planning permissions on the adjoining land. Pre-contract enquiries of the seller would be appropriate as the seller should have personal knowledge of any recent planning proposals relating to the adjoining land, especially as they have owned the property for 10 years. It would also be prudent to undertake an Optional Enquiry of the Local Authority (CON29O) (Enquiry 22) as to whether the land which abuts the property is registered as a local common or village green which may preclude further development on such land.

Answer 653

If the tenant is not willing to accept the terms of the new lease ordered by the court, the tenant can apply for the court order to be revoked. Landlord can't.

Answer 654

new lease will be such as is reasonable in the circumstances but cannot exceed 15 years.

Answer 655

The man was involuntarily intoxicated as a result of the unexpected side-effects of the drug (R v Hardie [1985]) and involuntary intoxication can provide a defence to crimes of specific or basic intent, but only if the defendant lacked the mens rea. On the facts, the man deliberately stabbed the bus driver and so he did not lack the mens rea.

Answer 656

UK left the EU on 31 January 2020. The Brexit Withdrawal Agreement between the UK and the EU was implemented on 31 December 2020 (“the Implementation Date”).

Answer 657

under s.14 Public Order Act 1986 where the senior police officer reasonably believes that an assembly may result in (amongst other things) serious disruption to the life of the community s/he may give directions. Directions can include directions as to the place the assembly is held.

Answer 658

The legal charge must be registered at Companies House within 21 days of its creation and then register charge at land reg during priority period

Answer 659

The defendant is liable for criminal damage for the mark caused by the egg, despite the fact it could easily be removed, because expense was incurred in restoring the wall to its previous condition.

Answer 660

No but 9.1.a does (intent)

Answer 661

No but 9.1.a does (intent)

Answer 662

When the freehold of the annex was sold, s62 of the Law of Property Act 1925 converted the existing licence to use the pathway into an easement. There is diversity of occupation and a pre-existing licence at the time of the sale of part of the annex and this will be converted into an easement on the sale of the freehold by virtue of s62 of the Law of Property Act 1925. Not wheeldon v burrows as this is not diversity of occupation

Answer 663

‘substantial’ and not a ‘significant’ impairment of the woman’s ability to lose control, caused by recognised psychiatric condition

Answer 664

10 at least and have served part time as a recorder, or full time as a district judge.

Answer 665

Long serving lawyer - usually barrister but sometimes solicitor.

Answer 666

Business account - must use principle method (unless its counsel's fees)

Answer 667

The nil rate band at the time of current spouses death (not whatever the nil rate band was when the first one died)

Answer 668

Whatever powers a magistrate would have, can reverse, amend or increase sentence.

Answer 669

Bottom slice - income (20% lower, 40% higher, 45% additional - £12,570 AA - threshold £37,700 for 20 %, 40 % £112,570 above AA) Middle slice - savings income (£1,000 AA (basic rate), £500 (higher rate), 0 additional) Top slice - dividend income (£1,000 AA - 7.5% basic rate, 32.5% higher rate, 37.5%)

Answer 670

You lose £1 for any £2 you earn above £100k, completely lose it at £125,140

Answer 671

A pledge is a form of possessory security, which involves the lender having physical possession of the charged asset. An example is pawnbroking where you hand an asset over to the pawnbroker, who holds on to it until the debt is repaid – or after a certain period of time, if the debt is not repaid, has the right to sell it.

Answer 672

The mens rea and actus reus of robbery are satisfied as the defendant uses force on the man’s bag to steal the property. Force to property counts as force (R v Clouden [1987] Crim LR 56). It does not matter that the bag was not taken from the scene as the defendant has already appropriated the bag.

Answer 673

Trustees are not vicariously liable for the investment choices made by an agent. Trustees are only liable if they have breached a personal duty when delegating such decisions (eg by failing to properly select or appoint an investment agent or by failing to review their performance). The banker and accountant do not appear to be in breach of such duties, and therefore no claim can be brought against the accountant.

Answer 674

An assumption that the landlord has complied with the landlord’s covenants. At the review date, the valuer will be directed by the lease to ascertain the open market rental value of a hypothetical letting of the premises. There is no actual letting at the time of the review, so a hypothetical letting is considered. The valuer will be directed to make certain assumptions and to disregard certain matters in assessing the rental value of the hypothetical letting. Option B is the provision which may produce an unfair outcome for the tenant at review and is likely to be resisted by the tenant’s solicitor. If the landlord has covenanted, for example, to provide services or to repair the structure of the building and has not done so, this is likely to result in the rental value of the premises decreasing. An assumption that the landlord has complied with the landlord’s covenants means that any such decrease in the rental value will be ignored and the rent may increase at review. The tenant may be paying a higher rent for premises in a building which is in poor repair. The landlord will argue that the tenant may take action to remedy the landlord’s breach and the rent should not be assessed at review at a lower figure due to the landlord’s breach, which may be temporary.

Answer 675

A judgment includes whether the Claimant has established their cause of action as well as the Judge’s reasons for their decision following a review of the evidence.

Answer 676

The lender will complete Land Registry Form DS1 and send it to the seller’s solicitor for onward transmission to the buyer’s solicitor.

Answer 677

The notice must include (with reasonable prominence) the right of a member who cannot attend to appoint a proxy. Failure to do so could invalidate the meeting. (s.325 CA 06).

Answer 678

Yes - the Law Society’s Code for Completion by Post (“the Code”) requires the seller’s solicitor to inform the buyer’s solicitor immediately that completion has taken place. the buyer’s solicitor should instruct the seller’s solicitor in writing.

Answer 679

When calculating the gain on an asset for capital gains tax purposes, you can deduct: (1) any initial expenditure (including the acquisition cost and any incidental costs of acquisition, such as legal fees); (2) any subsequent expenditure incurred to enhance the value of an asset (such as the building of an extension); and (3) any incidental costs of disposal, such as legal fees. However, you cannot deduct the costs of any normal maintenance or repair. This means the cost of repairing the roof cannot be deducted.

Answer 680

Determining points in litigation accordance with precedent

Answer 681

Determining points in litigation accordance with precedent

Answer 682

What are interpreted according to the meaning of the word surround them and they’re context

Answer 683

Yes, they can handle into a matters and he trials that do not exceed £25,000

Answer 684

Complex cases in mag and family

Answer 685

Point of law, high court QBD as a right

Answer 686

Point of law, indictment offences from CC - permission required.

Answer 687

Manifestly excessive, wrong in law, wrong in principle

Answer 688

Yes if refused in HC and a point of general public importance

Answer 689

The legal and evidential burden of proving the actus reus and mens rea of homicide is on the prosecution to the normal criminal standard, namely beyond reasonable doubt. However, if the defendant wishes to raise the general defence of self-defence, they have an evidential burden to discharge. Having produced some evidence that raises the defence, the burden reverts back to the prosecution to disprove it beyond reasonable doubt. This also applies to the partial defence of loss of control. In contrast, the legal burden of proving all elements of diminished responsibility is on the defendant (on balance of prob)

Answer 690

,This option represents a proposition of law within some key reasoning. The judge is stating a park is a public place, and then says this fact is important to the dispute. As such, it is capable of being a ratio.

Answer 691

Although the High Court in its appellate role usually binds itself, it can depart from previous decisions where they are made through carelessness. This follows the principle adopted by the Court of Appeal in Young v Bristol Aeroplane [1944] KB 718. Incidentally there is no presumption the High Court in its first instance role binds itself.

Answer 692

If in articles of association, a shareholder may even have increased voting rights when a vote is on their own removal.

Answer 693

Determining points in litigation accordance with precedent

Answer 694

Determining points in litigation accordance with precedent

Answer 695

You should request permission from the court in question, or failing that, the Supreme Court itself. The appellant has 28 days within which to apply for leave.