FLK 1 Mock Exam Questions Flashcards
1
Q
Can a private company have only one director?
A
Yes
The Companies Act 2006 allows a private company to have only one director, providing that director is a natural person.
2
Q
Do non participating shares trigger pre-emption rights?
A
No since they have fixed income rights (capped)
Therefore, there is no need to disapply pre-emption rights. However, the shareholders must approve the rights attaching to the new class of shares and give the directors the authority to allot them.
3
Q
What is a cumulative preference share?
A
If the dividend is not paid it will accumulate (hence the name), and the shareholder will have the right to be paid any missed dividends as well as the current dividend.
4
Q
When buying back shares, whether out of distributable profits and/or capital, for how long must the contract be available for inspection for before any general meeting?
A
The contract must be available for inspection no fewer than 15 days before the meeting.
If a written resolution is being used, it should be attached to the resolution.
5
Q
What is the difference between borrowing and issuing shares, in return for the money, that the directors should be aware of from a tax perspective?
A
The interest payable on the loan by the company will be tax deductible but the payment of dividends to shareholder will not. correct
6
Q
What are the requirements which must be satisfied in order to ensure that the board meeting of the company has been validly called?
A
The notice must include the date, time and where the meeting will take place.
The notice must indicate how the parties will communicate with each other if they are not all going to be in the same place.
7
Q
How long does a company have to file a special resolution?
A
Filed with the Registrar of Companies within 15 days of being passed
8
Q
How long does a company have to file SH01 post-allotment of shares?
A
Within one month of the allotment
9
Q
Can a floating charge holder appoint an administrator?
A
Yes
A floating charge-holder may appoint an administrator by filing a notice of appointment with the court.
10
Q
Can creditors owed more than £750 apply to a court for an administration order?
A
Yes
One or more creditors of a company may apply to court for an administration order in respect of a company.
This is not subject to any requirement for their debt to be secured.
11
Q
When a floating charge is given within two years of winding up, when is it invalid?
A
Invalid save to the extent of consideration given to the company at or after the creation of the charge, and interest on all such consideration.
In other words, if (A) £5000 is existing debt; (B) £10,000 is given in exchange for a security over all company assets; and (C) £10,000 later given in exchange for a different security, it is valid over £20,000 (B and C) but not (A) - the fact that (B) was a security over existing debt, does not forbid it being valid over the additional £10,000/
12
Q
How can a creditor have a sole trader declared bankrupt?
A
First, be owed a debt of at least £5,000, (liquidated sum and unsecured)
Second, serve a statutory demand on the debtor to prove they are unable to pay a debt
13
Q
What are the two ways a company can reduce its corporation tax payable on its taxable profits as a result of its purchase of machinery?
A
A company may use the AIA to set off 100% of the purchase price of qualifying assets up to the annual maximum of £1,000,000.
Qualifying expenditure beyond the maximum can then be the subject of a writing-down allowance of up to 18%.
14
Q
If a sole trader has two businesses, how many VAT returns do they have?
A
A person can only have one VAT registration, irrespective of number of businesses run.
Exception: a company organised into several divisions may seek registration for each division. Does not apply to sole traders
15
Q
If a company has a VAT Taxable Turnover of more than £1,350,000 when must they make VAT returns and pay?
A
Submit VAT return every three months.
VAT must be paid within a month from the end of the three-month period
16
Q
When asking whether loss of forseeable, what question are we placing into the minds of the parties?
A
What the parties had in contemplation taking into account the transaction and what a reasonable person would have thought their responsibility was.
In an MCQ construe more narromly - do not think ‘what was probable’ but ‘what was within contemplation’
17
Q
When negotiating contractual interpretation, what should the solicitor’s first argument be?
A
The solicitor should first argue an interpretation of the clause based upon the contra proferentem rule.
If there is uncertainty about the meaning of a clause, such certainty should be resolved against the party relying on the clause.
18
Q
If a party wishes to change service address (e.g. to their solicitor) how must this be done?
A
They must give authority in writing.
If they fail to give it in writing, you should serve it at the address given in the claim form and inform the party’s solicitors in writing.
19
Q
If a party makes a request for information that seems unreasonable and unecessary, how should you respond?
A
Contact should be made with the defendant’s solicitor with a view to refining the request, and any consequential response to it, to matters which are reasonably necessary and proportionate to the value of the claim.
20
Q
When giving standard directions, what element of detail is required in addition to the acts and dates?
A
Time of day is given by when the relevant act must be performed.
21
Q
In personal injury interim applications (e.g. interim payment) where should the medical report be?
A
Any documents in support of the application should be exhibited to the written evidence in support of the application.
22
Q
If a solicitor serves a request for further information, but realises they cannot wait the entire 21 day period (e.g. holiday) can they do anything?
A
They can issue an applicationn for an order requiring information by the other party.
However, the application notice must be served on the defendant.
23
Q
How can a Norwich Pharmacal Order be made?
A
Issue and serve a claim form against the third party
Make an application for disclosure against a non-party (otherwise known as a Norwich Pharmacal order).
Simply, it is necessary for a claim to be commended agaisnt the party against whom the order is being sought against.
24
Q
What is the limitation period for enforcing a Tomlin Order
A
6 Years from the Date of Breach
25
How does Part 36 Offers relate to appeals?
A Part 36 offer has consequences only for the costs of the proceedings in respect of which it is made (e.g. not an appeal)
Therefore, if required, a a separate Part 36 offer must be made, for the appeal.
26
If a party fails to issue witness summons and has no witnesses, what will the court likely do?
Proceed with the trial and make such order, if any, as is appropriate for costs at its conclusion.
27
How is an Act of Parliament normally be cited by a solicitor?
By reference to their **short title** as specified in the Act
28
What is a conjoined case?
Cases where a court is hearing two separate appeals at the same time because they involve a similar point of law.
29
What is the exception to the rule that a solicitor needs higher rights to represent in the crown court?
A solicitor who represented a client in the **original trial** has the right of audience in the Crown Court during the **appeal proceedings** without needing the Higher Rights of Audience qualification.
This is because they have been involved in the case from the outset, and the rules allow them to continue representing the client at the appeal stage in the Crown Court.
30
What is a Puisne Judge?
Puisne judges are the lowest rank of the superior court judges - High Court judges!
31
If an MP uses parlimentary priviledge to reveal information that could be (a) defamatory; and seperately other information that is (b) in contempt of court, if the press reported both (a) and (b) would they be liable?
The MP is protected from both defemation and contempt of court under parliementary priviledge.
However, the press only has the benefit of qualified parliamentary privilege which applies only to defamation but ***not*** to proceedings for contempt.
32
Where a court is considering whether to grant relief which may affect the Convention right to freedom of expression, where no steps have been taken to notify the respondent (e.g. without notice injunction hearing) what must the court be satisfied of per s.12 HRA?
The court must be satisfied that there are **compelling reasons** why the respondent must not be notified and, in order to restrain publication before trial, the court must be satisfied that the applicant is likely to establish that publication should not be allowed.
33
If a solicitor is charged with a criminal offence, convicted or cautioned, what must they do?
Solicitors are required to promptly notify the SRA directly and to his Money Laundering Officer/Compliance Officer.
34
If a slicitor is working for an unauthorised business, can a client subject to fraud by the solicitor claim on the SRA Compensation Fund (SCF)?
No
Whilst a solicitor is entitled to work for a business not authorised by the SRA, a claim cannot be made on the fund.
35
If you rely on an 'authorised person' exclusion for FSMA, what must you do regarding any commission or financial benefit recieved?
**Account to the client** for the commission and continue to work for the client.
This means holding the commission to the client's order which could include, offsetting the amount against the client's bill or providing it directly to the client.
36
When can a passport be used as ID for CDD?
It must be a valid current passport.
37
Can the courts make adverse cost orders against funders of unsuccessful litigants?
Yes
The court has discretion to make such an order
However, where funder 'has no control over or interest in' the litigation', they should be in no worse position than a solicitor acting under a CFA and an adverse costs order would be very unlikely.
38
What court order is needed for a settlement going beyonf the scope of the dispute?
Tomlin Order
39
Can parties agree (without application) to extend court order deadline (e.g. filing a cost budget 21 days before CMC)?
Yes. Ask the other party to agree that the deadline be
Parties can agree to extend deadlines by up to 28 days provided always that any such extension does not put at risk any hearing date.
Whilst applying to court for an extension of time is possible, if the other parties consent can be obtained, this is a more certain and much less costly way to proceed.
40
If a party only wants disclosure relating to limited issues what should be done?
Request that the court order disclosure in relation to **different issues** in stages.
41
If documents are destroyed in the course of business, for an MCQ do we say that they are no longer in the parties control?
No. The fact that they were destroyed in the ordinary course of business is not relevant to whether they need to be disclosed.
They still need to be disclosed, even if inspection would be impossible due to destruction.
42
In an MCQ where D has a house and sufficient funds in the bank, what method of enforcement is most approproate and why?
Applying for a **third party debt order** over the defendant's bank account is the best advice
This is because, whilstt applying for a charging order is possible, it unlikely to lead to payment in the near future – since payment is not forced until the property is sold. You cannot force sale.
43
Where a lower court refuses an application for permission to appeal in a civil case, too whom can a further request for permission to appeal be made?
A further application may be made to the appeal court.
The destination of an appeal from a decision of a Circuit Judge in the County Court is a High Court Judge
Remember, 'appeal court' isn't necessarily the Court of Appeal on first appeals - it goes in order of the judge.
44
If company A contracts with B to organise a party and instructs them to contract with company C, if B enters into the contract with C 'on behalf of the accountancy firm', if C breaches it, can A sue and why?
Yes, since B is acting as As agent
If all the requirements of agency are made, none of the other ways of circumventing the doctrine of privity of contract offer the best advice on the facts.
45
Will a demand for extra money to correct a pricing miscalculation be viewed as a demand made in good faith for the purposes of duress?
No
Even if the contractor provides a practical benefit, it will be paid under duress since a demand for extra money to correct a pricing miscalculation will not be viewed as a demand made in good faith for the purposes of duress.
46
When is a contract entered into with someone lacking mental capacity invalid?
A contract is binding unless the person claiming incapacity can establish...
* They did not understand what they were doing and
* The other party knew that to be the case
47
For frustration, what is the 'cap' on recovering expenses paid?
Expenses may be off set against the advance payment but **no more than the advance payment** may be recovered in expenses
For example, if A pays B an advance of £2000, and B incures £3,000 expenses. B can only recover/offset £2,000.
48
If there is an apperance of a real possibility of bias (e.g. friends with the decision maker) what type of bias is this?
Indirect Bias
It does not matter that the individual was one of a three-person panel – that is enough to give rise to this ‘real possibility’.
49
Can you challenge the lawfulness of a statutory instrument?
A statutory instrument (SI) is a form of secondary or delegated legislation, and it is **capable** of challenge in court, unlike primary legislation which cannot be directly challenged, given the central importance of parliamentary sovereignty.
If the Administrative Court does not feel that the SI has been made in accordance with the original ‘parent’ Act, the remedy would be for the court to **quash** the SI.
50
Although not binding, what efect would an obiter uKSC comment have on a lower court?
The Justice’s obiter statement is likely to have **significant persuasive effect** in relation to the current case, especially if it related to a closely connected legal issue, but it will not be binding.
51
Can you pay/accept a referral fee for a PI client?
If not, must you cease to act?
LASPO prohibits solicitors from referring or receiving referrals in respect of a claimant’s claim for damages in respect of personal injury or death
You would therefore not be able to accept the instructions and pay the Referral Fee.
You could however accept the instructions and ***not*** pay the referral fee to the other firm, if this was agreed with the other firm.
52
If a legal clinic 'defends clients on debt claims' must they be SRA authorised?
Yes - 'defend' implies litigation.
The law centre must be authorised by the SRA because the conduct of litigation is a reserved legal activity.
53
If you have a client from a foreign non-high risk country (e.g. France) must you still conduct enhanced CDD?
No
If there is...
* Nothing on the facts to suggest this client presents a high risk of money laundering,
* The client is not from a high risk country
* The transaction is not complex.
* You have identified how the client is funding
then standard CDD is SUFFICIENT.
54
If you will be using unamended Model Articles, what is required to be filed at CH for incorporation?
* Application for registration (Form IN01);
* Memorandum
* incorporation fee for Companies House.
It is not necessary to deliver a copy of the **unamended** Model Articles to Companies House.
55
If all shareholders want to approve a directors loan, should you hold a GM on short notice?
No.
If approval is sought at a GM, a written memorandum needs to be displayed at the registered office for **15 days** ending with the date of the GM. A short notice GM is therefore not beneficial since it would only save one day.
The quickest way to obtain the shareholder approval is therefore to use a **written resolution**, since the memorandum may be attached to the written resolution and the 15-day display requirement is not applicable.
56
What is a quasi-partnership?
An **incorporated** company (e.g. LTD) that is established based on mutual trust and confidence between the founding members can be a quasi-partnership.
For example, if 3 individuals incorporate a business. One is removed as director following a dispute, they could pursue a claim for unfair prejudice because the company is likely to qualify as a quasi-partnership.
57
If you represented an opposing party a number of years back in an unrelated PI case, and now you act for the other side in a factory development construction case, is this a conflict of interest?
No.. The information that you are aware of from the personal injury case is unlikely to affect the purchase of the factory.
However, you will need to maintain the duty of confidentiality that you owe to your previous client.
58
What can capital lossess generally be set off against?
Only against the chargeable gain in the same or subsequent accounting periods.
59
If there are unused capital losses in the current accounting period what can be done?
These losses can be carried forward and set off against chargeable gains in subsequent accounting periods.
They CANNOT be carried backwards, or set off against trading profits.
60
When is a company a close company?
If it is under the control of five or fewer participators (or any number of participators who are also directors).
61
If a close company writes off a loan to a shareholder (also a director), what are the tax implications?
When the loan is written off, the **tax paid by the company to HMRC will be refunded** to the company.
The **shareholder will be deemed to have received a dividend** equal to the amount of the loan written off.
62
If there is only a 50% chance that the patient would have avoided the heart attack and survived, could there be but for causation?
No
The patient still would have died at that time and in that way on the balance of probabilities
In order to satisfy the ‘but for’ test, the patient’s estate would have to prove that there was a **greater than 50% chance** that the patient would not have died had it not been for the breach.
63
If a product damages an item worth £270, can you claim under CPA?
No since it is below £275.
Damage to property can only be claimed udner the CPA if it is worth more than £275. They can however claim via the common law.
64
If the 'thing' catches fire and only fire escapes, can this constitute Rylands?
No
The ‘thing’ (e.g. the oil) that the defendant brought onto their land must excape onto the claimant’s land
If only fire escapes, this has not happened
Note, if the 'dangerous thing' is fire itself, such as the defendant brough the fire onto its property, that could escape. But fire as a conseqeunce of the 'dangerous thing' is insuffcient.
65
Tires are stored on land.
They catch fire.
The fire spreads to the neighbours land.
Is there a claim under Rylands?
No.
It was not the tyres that escaped.
There is no escape, so no liability under Rylands v Fletcher
66
What type of defence is illegality?
Complete Defence
If it suceeds, there is no need to rely on contributory negligence etc...
67
If a partner has authority to contract but exceeds their authority (e.g. the contract was 'superfluous to requirments') what type of authority would they be said to have if it remains bindinng on a 3rd party?
Otensible Authority
For it to be actual authority, the partner must have been explicitly granted authority, either expressly or impliedly.
Excessiveness ("superfluous to requirements") suggests the partner acted beyond their scope of implied authority
However, if the third party reasonably believed, based on the partners's apparent role as a partner, that they had authority to make the purchase, the partnership remains liable
68
If a solicitor has a personal relationship with an employee of the othr party, creating an own conflict of interest, what principle is most relevant?
The solicitor must ensure that their **independence** is not compromised and that they provide unbiased legal advice and representation to the client
69
Can a company and LLP attract finance by granting floating charges?
Yes, unlike a traditional partnership, both LLPs and LTds can grant floating charges.
70
In what courts can High Court Judges sit - where do they have jurisdiction?
* High Court
* Crown Court
* Family Court
They have the broadest jurisdiction.
71
Where do district judges have jurisdiction?
* County Court
* Family Court
72
Where do circuit judges have jurisdiction?
* Crown Court
* County Court
* Family Court
73
Does a High Court Judge hae jurisdiction in the County Court
No, High Court judges do not usually have jurisdiction in the County Court.
Their jurisdiction is limited to the High Court, Crown Court, and Family Court.
County Court cases are typically handled by District Judges, Circuit Judges, or Recorders.
74
If a solicitor makes a disclosure to the MLRO, who's duty is it to report to NSA?
The solicitor is only under a duty to report any concerns to the firm’s nominated officer.
If thhe solicitor disclosed her concerns to the nominated officer, and this is likely to be enough to discharge her legal obligations under anti-money laundering legislation
The duty to make a SAR to the NCA rests with the firm’s nominated officer.
75
If D commits a tort in another EU country, per the Brussels Recast Regulation, where can D be sued?
The country in which **D resides**; *or* where the harm occured.
76
Do corporations pay tax on their trading income?
No
Only their trading **profits** and capital gains
77
In a face to face contract where the purchaser misrepresents their identiy, the default rule is that the seller is presumed to deal with the person in front of them, rendering the contract merely voidable not void. What if identity is expressed to be fundamental - for example, the MCQ states "The man signs in the name of Mr Smith... the seller later discovers he is not "Mr Smith..."
The presumption can be displaced if identity is fundamental to the agreement.
If the seller intended to contract with "Mr Smith" specifically—the name given in the fraudulent sales agreement, yhis suggests identity was crucial.
When identity is material, the contract can be void for mistake as to identity. As it is void, no title passes.
The importance in face-to-face cases is whether identity or attributes are the primary consideration.
78
If a partnership liability question specified **contractual** debts, what liability are we concerned with?
Joint Liability
All partners together are liable - creditors pursue partners collectively.
79
How do you apply for default judgment?
An application is made by completing the relevant form (N244) and sending this to the court with the appropriate fee
80
If a partnership liability specifies debts and obligations, what liability are we concerned with?
Joint and Several
Creditors may pursue one partner fully who can then seek contribution from the others.
81
If a partnership liability concerns insolvency proceedings for debt, what liability is involveed?
Joint and Several
Per s.9, the word 'debts' represent 'debts and **all** obligations'
This distinction ensures that a creditor can pursue one partner for the entirety of the debt if necessary, without being limited to suing all partners together.
82
If the loss of expectation is too speculative (e.g. how succesful a TV show would be) what basis will damages be awarded on?
Reliance Loss
83
What is a cost lawyer?
They handle matters like:
* Drafting bills of costs.
* Advising on cost budgets and cost management in litigation.
* Negotiating and resolving costs disputes.
* Representing clients at costs hearings.
Costs Lawyers are regulated by the **Costs Lawyer Standards Board** under the Legal Services Act 2007.
Note, they are not subject to SRA Regulation.
84
If a product fails to function so that a reasonable person would consider it defective, what is the best CRA ground to peg the claim on?
Simply, if the general standard isn't up to quality.
The good is not of satisfactory quality.
85
If a product operates but fails to meet the specific needs of a specific user, what CRA ground can be relied upon>
Not fit for a purpose made known
86
Can an individual consent to the risk of dangerous driving? Is volenti a defence to say 'they consented to me driving drunk'
No
Per Road Traffic Act 1988 the defence of consent is denied
87
During the extended policy period (30 + 60 days) after professional indemnity insurance cover runs out, does the cover continue?
The previous PII policy remains effective, covering claims arising during this period.
This means the firm is still insured under the "run-off protection" provided by the EPP. While the firm technically does not have a renewed PII, it is not uninsured.
88
If a court makes a conditional order following an application for summary judgment, how long does D have to file a proper defence?
Within **14 days** of the hearing
89
If a solicitor is aware of matters that they reasonably believe are capable of amounting to a serious breach of their regulatory arrangements (e.g. Harrassment) is informing the COLP alone sufficient?
Tthe solicitor to inform the Compliance Officer for Legal Practice (COLP) **and** inform the Solicitors Regulation Authority (SRA)
90
What is the monthly limit on disposable income to qualify for civil legal aid?
£733 or less
91
What is the montly limit on disposable capital to qualify for civil legal aid?
Limit of £8,000.
92
What is the monthly limit on gross income to qualify for civil legal aid?
£2,657
93
When it comes to Civil Legal Aid, what are the monthly financial limits?
Disposable income: £733/month or less
Gross income: £2,657/month or less
Disposable capital: £8,000 or less
94
Who has the power to refer a Bill of the Senedd, or a provision within such a Bill, to the Supreme Court for a decision on whether it is within **Senedd Cymru's** legislative competence?
* Welsh Counsel General; and
* UK Attorney General
95
Who has the power to refer a Bill of the **Scottish Parliament**, or a provision within such a Bill, to the Supreme Court for a decision on whether it is within its legislative competence?
Advocate General for Scotland
Note, the UK Attorney General does not have such powers.
96
Who has the power to refer a Bill of the **Northern Ireland Assembly**, or a provision within such a Bill, to the Supreme Court for a decision on whether it is within its legislative competence?
Advocate General for Northern Ireland
Note, the UK Attorney General does not have such powers.
97
When can a judge refer to external aids such as academic writings?
Judges may only refer to external aids to interpretation **where the meaning of a statutory provision is ambiguous or lacks clarity.**
98
When can a judge refer to the Hansard?
* The statutory provision is **ambiguous**, obscure, or leads to absurdity;
* The statements in Hansard are made by a **minister** or **other promoter** of the Bill; and
* The statements are clear and help ascertain Parliamentary intention behind the legislation.
Promoter: Responsible/Introduced the Bill.
99
Generally, when can extrinsitc sources such as academic material or the Hansard be used to aid a judge?
Where the meaning of a statutory provision is ambiguous or lacks clarity
Note, it ***cannot*** simply be used simply the case is high-profile or the law is controversial. It is strictly limited to aiding interpretation when other methods fail.
100
Is reporting a breach to a senior member of staff (e.g. partner) sufficient to discharge obligations under SRA code of conduct?
No
The solicitor to report all potential breaches of confidentiality to the firm’s Compliance Officer for Legal Practice (COLP).
Failure to make a report to the COLP will amount to a breach of the Code of Conduct.
101
When calculating income tax, does the Never Say Die categories each restart the tax band or is it aggregate?
The lower tax bands apply in aggregate for all income streams combined.
**Each category does not restart at the basic rate—bands are consumed collectively, starting with non-savings.**
For example, if the non-savings income uses the entire basic rate band, savings and dividend income will be taxed in the higher rate band.
102
How can an employee enforce an insurance contract between her employer and the insurer?
It is a contract of convenience.
For example, it was convenient for the payments to be made via the employer as a matter of administrative ease – rather than requiring each employee to negotiate and manage their own separate policy.
Consequently, this provides an exception for the need to provide direct consideration and creates a **presumption that the employee has the right to enforce the contract**.
103
What reserved legal activities cannot be carried out by all solicitors?
Solicitors cannot carry out **notarial activities** unless they qualify as notaries and are regulated by the Master of the Facultie
104
What is required for freelance solicitors to be able to carry out reserved activities?
If they are registered as a **sole practice** with the SRA or provide activities through an authorised body.
105
To constitute a preference, must the recipient actually be placed in a better position, or is it sufficient that they 'may be' or there is an 'intention to' place in a better position?
In order to be a preference, the recipient **must be placed** in a better position as a result of the payment
It’s not enough for the payer to merely intend or desire to prefer the creditor.
106
If a party discloses documents accidentally, the solicitor must return them and not use them. However, must you inform your client that you recieved these documents in error?
A solicitor need **not** disclose information material to the matter in which the claimant is involved where the information is contained in a privileged document that the solicitor has knowledge of only because it has been mistakenly disclosed.
In such circumstances, the solicitor is best advised to return the papers to the correct party and **not inform** the claimant of the error.
107
Can a solicitor pay a witness?
A solicitor cannot provide or offer to provide any benefit to witnesses
However, you are able to pay reasonable expenses for attending court. For example:
* Travel costs (e.g., train, bus, mileage)
* Accommodation, if necessary
* Meals during attendance
* Potential loss of income
Compensation that goes beyond expenses is not permitted.
108
If a splicitor has a referal agreement (not relating to pI or death) can the solicitor accept it, and when?
A a solicitor must properly account to clients for any financial benefit they receive
The solicitor must **notify the client** of the referral fees
Further, they are only permitted to receive those fees **with the consent of the client**.
If the client does not consent, the solicitor is not permitted to receive those fees
109
Is investment property a specified investment?
No.
Only the following constitutes specified investments under FSMA:
* Shares
* Government bonds (gilts)
* Debentures
* Options
* Futures
* Units in collective investment schemes
* Contracts of insurance
110
When asking about the proprtionality of actions within litigation under the overiding objective, what is the operative consideration?
Proprtionate to the **value of the claim** not the complexity of the issues.
111
Can you advise someone to 'invest in land for development'
Yes...
(1) The advice is generic; and in any event...
(2) Land is not a specified investment under FSMA
Therefore, you can advise someone to purchase land.
112
Can a solicitor give advice relating to investment in land?
Yes, a solicitor can give specific investment advice about land because land is not a "specified investment" under the Financial Services and Markets Act 2000 (FSMA).
113
If you are unaware of something in court, what should you consider doing?
Seek a short adjournment
114
When will the UK Parliament be able to legislate on a non reserved matter?
There is a constitutional convention which stipulates that the UK Parliament would not usually exercise this power without the **consent** of the Senedd.
115
If a DBA question states the other party pays "towards the client's costs," what does this mean and how does it effect the mount payable?
Generally means this amount contributes to covering the solicitor's fees under the agreement. As such, you **deduct this** payment from the solicitor's entitlement, leaving the client to pay any remaining shortfall from their damages.
116
Following a decleration of incompatibility, what is a remdial order?
A type of **statutory instrument** that is designed to allow the government to quickly amend law in order to remove incompatibility with the Human Rights Act 1998.
A draft remedial order must generally be laid before Parliament for a 60-day period for scrutiny, known as the "affirmative resolution procedure."
However, in urgent cases, the Government can use the "urgent procedure," allowing the remedial order to come into force immediately, provided it still undergoes parliamentary review afterward.
117
What is the urgent procedure for remedial orders per HRA?
The Government may make the order without prior parliamentary approval if immediate action is required.
It becomes immediately effective.
However, Parliament then has 120 days to scrutinise and approve or reject the order.
If not approved within 120 days, the order ceases to have effect.
118
What is the limitation period for general Judicial Review applications?
3 Months
119
What is the limitation period for planning decision Judicial Review applications?
6 Weeks
120
What is the limitation period for public procurement challenges under Judicial Review applications?
30 Days
Public procurement refers to the process by which public authorities (such as local councils and NHS bodies) purchase goods, services, or works from private companies.
121
What is a protected subject matter in the senedd or scottish parliament?
Specific issues in the Senedd's/scottish parliament's legislative competence that require stricter approval thresholds.
For example,** changing the name of the Senedd or its voting system**
To enact legislation on such matters, a supermajority (two-thirds of members - 67%) must vote in favour
122
What is required to pass a protected subject matter in the senedd and scottish parliament?
Super Majority
Support of Two Thirds (67%)
123
What section of the HRA act deals with the courts duty to interpret legislation in a convention compatible manner?
Section 3 HRA
124
What type of obligations are guarantors under?
A guarantee creates a **secondary obligation**, which only arises once the landlord has first pursued a claim against the man.
It does not provide a direct cause of action against the guarantor.
125
If a breach is the fault of a legal representative (e.g. failing to file), when would a wasted costs order be made? Against whom?
A wasted costs order is made against the **solicitor**, not the client.
Wasted costs orders are issued against representatives for improper, unreasonable, or negligent acts or omissions in litigation.
If the solicitor, not the client who is the party in the proceedings, is at fault, the wasted costs order would be made against the solicitor, not the claimant.
126
What does it mean for a decision to be reversed?
The higher court (e.g. Supreme Court) **changes the decision** of a lower court on appeal.
This affects the specific case and renders the lower court's decision no longer binding.
127
What does it mean for a decision to be overruled?
A higher court (e.g. Supreme Court) declares the **legal principle or precedent** set by a lower court in an earlier case as incorrect. This affects future cases but does not alter the earlier decision.
128
What does it mean for a decision to be overturned?
Often used interchangeably with “reversed,” though technically less common in this context. It signifies undoing a lower court's decision, **usually on appeal**.
129
In short, what is the differecne between reversing and overruling a decision?
* **Reversed**: Changes the specific decision in the same case on appeal.
* **Overruled**: Rejects a legal principle or precedent from a previous case, affecting future cases.
130
Is a dividend paid before or after corporation tax?
Dividends can only be declared if there are distributable profits, which are calculated **after deducting expenses and settling tax liabilities**, including corporation tax.
This applies for both interim and final dividends.
131
If legislation deals with a criminal offence, what is presumed?
It is presumed for any criminal offences that...
* It does not apply retrospectively; and
* It requires proof of intention
Unless specified expressly otherwise
132
What is the effect of an agreed budger in the Multi Track on costs?
An agreed costs budget is not completely binding.
Whilst the court-approved costs budget serves as a **guide**, the final assessment on the standard basis still requires the court to assess costs for proportionality, reasonableness, and necessity.
The budget is strong evidence of recoverable costs but not absolute
133
Does frustration discharge ALL obligations?
No
Only future obligations.
Any obligations that arose before the frustrating event are not affected by the frustration
134
For a transaction to constitute a substantial property transaction, what must be given?
Cash Consideration
For example, Shares are not cash, and therefore, a transaction with the company ine xchange for shares would not fall under the definition.
135
What must a shareholder hold for the right to ask directors to call an extraordinary GM?
Own more than 5% of the shares
136
What is the difference between and act 'applying' and 'extending' to either Wales, Scotland or Northern Ireland?
**Extend**: Refers to the geographical reach of legislation. If an Act extends to Wales, it means that the law applies within Wales' territory but doesn't necessarily reflect the devolved powers.
**Apply**: Refers to how a law functions within a devolved administration. An Act applying to Wales means it affects devolved matters in Wales and aligns with the powers granted to the Senedd.
For example, the Environment (Wales) Act 2016 extends and applies to Wales in the context of devolved matters like natural resources and sustainable development. It outlines specific duties for Welsh Ministers, giving the Senedd and the Welsh Government control and responsibility over its provisions.
137
What are the 'welsh language' requirments for the courts
**IN WALES.**
Welsh language services must be offered in courts
* Individuals have the right to **speak Welsh** in court proceedings held in Wales.
* Courts in Wales must provide **interpretation, translation services**, and bilingual forms if requested. They must arrange and pay
* The Courts must respect the litigant’s or witness’s choice to use Welsh, whether oral or written.
* Allowing oaths or affirmations to be taken in Welsh.
Note, while there is no guaranteed right to a Welsh-speaking judge, efforts are made to accommodate Welsh speakers where feasible, particularly in cases involving Welsh-language evidence or argument.
138
What are the 'welsh language' requirments for the courts
**IN ENGLAND.**
There is no such right to use Welsh in court proceedings.
Welsh speakers may need to **request interpretation services**, but there is no statutory obligation on English courts to provide bilingual services routinely.
This is because the Welsh Language Act 1993 only requires equality of Welsh and English in Wales, not in England
139
Is there a right to use Gaelic in Scottish Courts?
No
There is no automatic right to use Haelic.
However, interpretation or translation may be allowed at the court's discretion, but Gaelic is not treated equally to English in legal proceedings.
The position is similar in Northern Ireland. There’s also no equivalent legal framework to the Welsh Language Act 1993.
