Wrong MCQ's Flashcards
If a court finds, on judicial review, that a public authority did not adequately consult before making a decision, what type of order would it give?
A quashing order and a mandatory order.
A quashing order voids the original decision
A mandatory order would require the decision to be retaken, only this time with proper consultation
If a law firm’s clients are typically immigrants who cannot understand English, should the law firm translate its client care letter into the relevant languages?
Yes - regulatory duty to ensure that clients receive information in a way that they understand so that they are in a position to make informed decisions about the services they need, how their matter will be handled, and the options available to them. This means that if a client does not understand the information, it should be translated
Is it obligatory to send out a client care letter?
No, so long as you communicate the material information about the retainer to the client
If you forgetfully miss a date and your client’s claim is time-barred, what should you do?
Notify the client that they have discovered an omission which could give rise to a claim by the client.
If the UK Government ratify a treaty, but decide to take a decision contrary to the terms of the treaty, is it able to do so?
Yes - Under the doctrine of parliamentary sovereignty, an international treaty does not have effect in UK law unless the treaty is incorporated into UK law by an Act of Parliament
If a claim is low-value, will it always start in the County Court?
No - it can start in the High Court if the issues are complex and it is a fast-track case
In judicial review, if a decision is made without you being consulted, can you argue that there is a general duty to consult and a general duty to give reasons at common law?
No, but you can challenge it on the failure to allow you to be heard, because where a decision adversely affects your rights, you have a right to be heardW
What matters are heard in the Chancery Division of the HC?
Disputes relating to business, equity, and trusts. It also deals with some land and property disputes
What matters are heard in the King’s Bench Division?
King’s Bench Division predominantly deals with tort and contract claims
What is the basic limitation period for personal injury claims?
3 years from the date of accrual
What type of authority does a partner in a partnership have?
Apparent authority unless a third party knew the partner had no authority to act or did not know the partner was a partner
What is the exception to the general rule in tort that an occupier is not liable for the actions of a third-party contractor?
An occupier of land is liable for a nuisance created by an independent contractor where the work for which the contractor was engaged carried a special danger of creating a nuisance
Is shareholder approval needed if directors issue shares of the same class as the existing shareholders?
No - only if a different class is being issued will shareholder ordinary resolution be necessary
When does the postal rule not apply?
- Letter not properly addressed and stamped
- Not reasonable for acceptance by post
- Express/implied stipulation that offer effective when recieved
When a contracting party waives a right, they can re-instate the waived right at any time, subject to…
giving reasonable notice
When is an employer liable for injury to employees caused by a defective product?
Course of his employment caused + defect in equipment provided by his employer for the purposes of the employer’s business + the defect is attributable to the fault of a third party (whether identified or not),
When is a purchase or sale of property a significant property transaction?
if the company is buying from or selling to a director or someone closely connected to a director.
For construction contracts what are two different measures of damages?
(1) how much it would cost to cure a defect, and (2) the difference in value between what was contracted for and what the innocent party actually received
(2) is used if it the cost of curing the defect is disproportionate to the benefit that would be gained
What are the elements of a novel duty situation?
A duty of care will only if: (1) X was a foreseeable victim; (2) there is a relationship of sufficient proximity between X and the Y; and (3) the court would consider it fair, just, and reasonable to impose a duty of care
When can a freelance solicitor provide reserved legal services?
Three years’ post-qualification experience,
Adequate and appropriate professional indemnity insurance,
Not hold client money
Notify the SRA that they are acting as a freelance solicitor.
What is the relevant period for transactions at an undervalue?
Two years
What information must be provided on incorporating a company?
A statement of capital and initial shareholders, details of the company’s business activity, details of persons with significant control, and details of the subscribers
What must be filed, and when, with Companies House, after an allotment of shares?
a Return of Allotment of Shares form within one month of the issue of shares
When must a director appointment form be filed at companies house (days)?
14 days
Explain what happens when government lays secondary legislation before parliament under the negative resolution procedure?
the House of Commons and House of Lords have 40 days to vote to reject the regulations
What is the maximum percentage that you can agree with a client under a personal injury damages based agreement?
25% (and 50% in non-PI cases)
