FLK 2 Mock Questions Flashcards
1
Q
If the item is only slightly attached and can be easily removed without damage, what is it likely to be?
A
Chattel.
For example, a light fitting held by three small screws, indicates a slight degree of attachment. Therefore, it is likely to be classified as a chattel and can be removed before completion.
2
Q
For unlawful act manslaughter what is the focus of the test?
What relevance does recklessness as to harm have?
A
UAM is concerned with D committing an **unlawful and dangerous act **
The focus for unlawful act manslaughter is whether the act was objectively dangerous (i.e., whether a reasonable person would recognize the act as posing a risk of harm to someone). The defendant’s subjective awareness of the risk to others is irrelevant.
Unlawful act manslaughter does not require recklessness as to harming anyone.
3
Q
If a trust contains a condition precedent that is not met, and therefore the remainder interest did not vest in what happpens to the property?
A
The trust property reverts to the settlor under the resulting trust doctrine.
4
Q
If you are dealing with registered land, would you enter a land charge?
For example, C(IV) or D(ii)?
A
No
Land charges apply only to unregistered land and are not appropriate if the property is registered.
To protect an interest (e.g. option agreement) for a registered property, the correct method is to register a notice on the property’s title.
5
Q
For aggravated criminal damage, does D need to be reckless as to whether a life would be endangered by the specific object (e.g. the brick they throw) or is it sufficient they are endangered by the direct cause of the injury (e.g. glass shattering)?
A
Reckless as to the the actual danger to life
- If the harm results from secondary effects (e.g., flying glass, structural damage), look for answers emphasizing those effects.
- If the harm results from the object itself, choose answers focusing on the object.
6
Q
If an invoice is addressed to the firm, what type fo expense is it and what method is used?
A
Principal Method
Treat the invoive as a firm expense and use firm money.
7
Q
If an invoice is addressed to the client, what type of expense is it and what method is used?
A
Agency Method
Use client money if sufficient money in the client account
8
Q
If a youth is aged 12 - 14 (inclusive) can they be given a DTO if not a PYO?
A
No
If between 12 - 14, a DTO can be imposed only if the court finds that the offender is persistent offender
9
Q
If a notice of severance is sent by post in a registered letter (recorded delivery) or left at the address (personal service) is this sufficient to effect severance even if the individual does not read it?
A
Yes
Per s.196 it is deemed served without the recipient’s knowledge or actual receipt of the notice
Note, this does not apply to notice served by unregistered/unrecorded delivery.
10
Q
If a truste deed is silent as to a trustee receiving director fees due to a director position arising from the trust, can the trustee recover such fees?
A
No
Whilst directors fees are permissible if permitted by the trust deed, if the trust deed is silent on the issue of whether the trustee can keep the director’s fees, and as the trustee has no specific authority in the trust deed to do so, the trustee cannot keep the fees for serving as a director of the company.
However, they can reclaim reasonable expenses incurred.
11
Q
What is the test for self defence?
A
- Did D honestly believe the use of force is necessary to defend?
- Was the degree if force reasonable in the circumstances as D believed them to be?
12
Q
In relation to self defence, how is the ‘degree of force’ measured in relation to reasonableness?
A
Was the force reasonable in the circumstances as D believed them to be?
13
Q
Under s.31 TA at what age does the beneficiary gain an entitlement to trust income?
A
Aged 18
This allows them to recieve distributions directly.
This does not affect any contingent interests in capital (e.g. trust deed states when they turn 25)
14
Q
What are the limitation periods for pursing
(a) Arrears of Rent
(b) Unpaid Service Charges
A
(a) Arrears of Rent - 6 Years
(b) Unpaid Service Charges - 12 Years if due under a lease executed by deed.
15
Q
What type of obligation is a ‘fencing obligation’
For example ‘not to allow the fence to fall into disrepair’
A
Positive Covenant that does not bind successors in title
16
Q
If there is a commercial tenancy where there is an absolute covenant against assignment, when can the landlord request a AGA?
A
The landlord can always insist on an AGA with the outgoing tenant
17
Q
If there is a commercial tenancy where there is a qualified covenant against assignment, when can the landlord request a AGA?
A
The landlord can INSIST if there is an express provision in the lease requiring an AGA.
If no such provision exists, the landlord can require an AGA where it is reasonable in all the circumstances
18
Q
How to value listed stocks or shares?
A
- Take the difference between the highest and lowest price on that day (e.g. £50 & £54 = £4)
- Figure out 25% of the difference: £25 % of 4 = £1)
- Add the quarter to price of the lowest (£50 + £1 = £51)
Thats the price of one share/
19
Q
A
20
Q
When will a fully secret trust be enforceable?
A
- It is the intention of settlor to establish a secret trust
- The intention was communicated before death
- The trustee accepts the obligation
This circumvents the strict requirments of the Wills Act
21
Q
If an administration involved a minor beneficiary, or a life interest arises, how many people are required to be appointed as adminsitrators?
A
At least two persons or a trust corporation unless it appears to the court to be expedient to appoint a sole administrator
22
Q
For recklesness, is the standard objective or subjective?
A
Courts look at the accused’s personal state of mind (subjective) and understanding of the risk
23
Q
When a beneficiary with a contingent interest turns 18 (even if it doesnt vest) what impact does this have per s.31 on income?
A
The beneficiay becomes entitle to the entire income produced b their equitable interest. They MUST keep paying the income until their interest vests.
Note, the duty to pay income when they attain 18 can be excluded by contrary intention in the trust document
24
Q
Who can appela by way of case stated and what is it reserved to?
A
Prosecution and Defence
Only points of law or jurisdiction.
Challenges concerning fact, procedure and evidence are not permitted.
25
Can a testator direct signatures on a video call?
No
It is not enough to arrange a video call with witnesses.
There must be physical presence
26
When must SDLT be paid>
Within 14 days of completion date or actual occupation, whichever is first.
27
What must trustees provide beneficiaries information wise?
Trustees are required to provide accounts upon request
However, they do not need to provide confidential information, or informaion about how they have managed the trust.
Beneficiaires do not have a proprietary right to seek disclosure. It lays with the courts inherent jurisdiction.
28
What does handing over keys to a car signify in relation to gifts?
Whilst legal transfer is better, this suggests a valid gift.
It is not a requirment of trust law that the transfer is registered. There is a transfer of chattel by way of delivery of the keys and car.
29
How should receipt of moeny be recorded when a solicitor receives a deposit to be held as an agent?
They should record it as a credit in the client ledger for the seller client, to reflect the increase in the client funds held for the seller, and a corresponding debit in the cash sheet client account to reflect the actual receipt of funds.
30
Is a will valid if the tetsator does not sign or acknowledge signature in the presence of both witnesses at the same time?
No it is invalid.
The testator must sign the will in the presence of two witnesses present at the same time, or acknowledge his signature in their presence.
Whether signing or acknowledging, they both need to be there togethr. Don't get confused with this and the fact the witnesses can sign at different times
31
Against whom does a s.27 notice protect from?
Claims by **unknown** beneficiaries or creditors
32
Can an executor appropriate for a beneficiary an asset that has increased more than their entitltment at the date of appropriation?
For example, A is entitlted to £8,000 but the car they have requested to appropriate is worth £12,000?
Yes
However, the beneficiary must consent to this and will need to account for the excess value. This means they must pay the estate back the amount by which the asset's value exceeds their share
33
What is the custodial threshold?
Section 230 Sentencing Act 2020 requires that a custodial sentence must **not** be passed unless the court is satisfied that the offence, or the combination of the offence and one or more offences associated with it, was **serious enough** to warrant such a sentence
34
If an insured risk specified in the lease covers the building itself, does this extend to property losses within the tenant's part of the building?
No
The insured risks specified in the lease usually cover the building itself and do not extend to the tenant's personal property within the leased premises.
The tenant would need their own content insurance to cover personal property losses such as stock and shelving.
35
Why won't a right of way over unregistered land bind a buyer?
It is an an equitable easement (created post 1926) granted over unregistered land that has not been protected by a Land Charge.
36
When will good leasehold title be granted on registration of a lease?
When HM Land Registry is satisfied as to the tenant's title to the lease, but has **not approved the landlord's title** to grant the lease.
37
What statute imposes the requirement that a that a contract for the sale of land must comply with certain statutory formalities?
Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
Be in writing, be signed by or on behalf of both parties and incorporate all the terms
38
What is a caution against first registration?
It is entered by a person having an appropriate interest in unregistered land to ensure they are **notified** of any application for first registration.
They can then either oppose the application or take steps to seek to ensure their interest is entered in the register on completion of the application .
39
When is CPSE 2 used?
Property is sold subject to **existing** tenancies.
40
When is CPSE 4 used?
Used for
* Transactions involving new-build properties, addressing development-specific issues; or
* Buildings with vacant possession
41
What plant is mentioned as part of TA6?
Japanese Knotweed
TA6 Property Information Form specifically includes a section where the seller is asked to disclose the presence of Japanese knotweed at the property.
42
What action should the buyer's solicitor take in respect of a restriction in the proprietorship register in favour of a now dissolved company?
**Apply to cancel the restriction** on the basis that the company named in it no longer exists and the transfer to the buyer can then be registered.
43
How can a spouse protect their right of occupation?
By entry of a home rights notice in the register.
44
What is the effect of the mortgage being an 'all monies' mortgage?
The mortgage secures **only** the specific loan to buy the house
However, if the borrower defaults this will entitle the lender to call in any of the borrower's other loans with that lender whether or not these are secured loans.
Simply, it will entitle the lender to call in all monies owed to it by the borrower.
45
How will the priority of a second registered charged be established?
In the absence of any entry to the contrary in the register, registered charges are deemed to rank in the **order they are shown** in the register of title
46
What form is used to submit SDLT to HMRC?
**LTR (SDLT1)**
This enables HMRC to issue an SDLT5 certificate which must accompany the application for registration of the purchase at HM Land Registry.
47
In the absence of an additional special condition, what method of paying the balance must the solicitor use under the SCS?
Direct electronic transfer from the buyer's solicitor's bank account.
48
What type of 'debt' does CRSR apply to?
CRAR only applies to 'principal rent'
It does not apply to service charges, insurance or rates payable under the terms of the lease.
49
If A is buying the lease of a unit in a retail part, what purchase deed is used and why?
TR1 because although the unit forms part of the registered freehold title to the retail park as a whole, it is the **registered title to the lease** which is being purchased by the company.
Simply, this is a transaction of the 'whole' not 'part - in an MCQ, question if the transaction is of the 'reistered lease' and that there are distict 'titles'
50
What undertaking is given by whom in relation to the morgage?
What effect does it have on the seller's solicitor?
An undertaking that the seller's solicitor will discharge the mortgage on
Such an undertaking guarantees this, as it is binding upon the seller's solicitor and must be complied with even if there are insufficient sale proceeds to cover the amount needed to redeem the mortgage loan.
51
When redeeming a capital repayment morgage, what is the 'daily rate' on the redemption statement?
The saily amount which must be **added** to the stated redemption figure for **each day that redemption is delayed**.
52
Does a will written by a member of the military on active service need to comply with formalities?
No
Execution can be valid even if the formalities otherwise required have not been followed.
The registrar may accept such a will to probate if it is **signed** or is **in the testator's handwriting** in these circumstances.
53
When does the 'military will' exception apply?
Actual MilitarysService
* Engagement in Combat – Actively participating in a war-like campaign or military operation.
* Deployment in an Active Theatre of
* Operations – Being stationed in a conflict zone, such as at sea (for naval personnel) or in other areas of active military operations.
* Preparedness for Deployment – Being in uniform, on duty, and in a state of readiness where the individual could be sent on military operations without notice.
* Prisoner of War – Being captured and held as part of the military service during a conflict.
It will not apply for 'servicemen' at home, in the course of day to day life with family members etc where there is no 'actual military service' in this 'readiness' sense.
54
What effect does judicial seperation have on intestacy rules?
Although a judicial separation does **not** end a marriage in the way that a divorce would do, a judicially separated spouse is **not regarded as a spouse for the purpose of the intestacy** rules and would not have any entitlement to a share in the estate.
It may be possible for the wife to claim against the estate if she was being maintained by the deceased.
55
For APR, can an owner who lets out the farm as a 'let-to-farm' tenancy apply APR ?
As the deceased does not farm the land themselves, but it is farmed by tenants, the required period of agricultural use is **seven years** rather than two.
Agricultural property relief is not available if the land, as a 'farm'to'let' has ***not*** been held for the qualifying period of seven years.
56
If lifetime tax paid on a gift is greater than the tax due when it is reassessed at death, what happens?
**No refund** of tax is available in this situation and it is not possible to use an excess credit against the wider estate.
The credit for tax paid at the time of the original transfer may only be used to reduce the tax on death to nil.
57
Is a grant needed for a small estate?
What is the threshold?
For simple estates below £5,000, a grant of representation is not normally required, **whether there is a will or not**.
58
If an estate does not have sufficient funds to pay all the legacies in full, how are they paid?
Each of them should be reduced proportionately.
59
What is a 'life tenant' entitled to?
A life tenant of the trust and is therefore entitled to the income, but **not** to the capital.
The remaindermen will inherit the capital on the wifelife tenants death
60
Where the trust instrument is silent, who can appoint additional trustees?
The continuing trustees may appoint additional trustees if they consider it appropriate
61
Can you use the statutory power of maintence to give income even if their interest is still contingent?
Yes
Although the share of the capital of the trust is contingent, the trustees may use the income for their maintenance, education and benefit **immediately**.
PRs will **not** be personally liable if the contingency is not satisfied.
62
If someone is not engaged in the management of the assets but simply holds the legal title, do fiduciary duties still apply?
Yes
Even though there is no fiduciary relationship in the traditional sense, fiduciary duties still apply.
63
If required, by when must a solicitor otain an accounting report?
Obtain a report and it must be delivered within **six months of the end of her accounting period**
64
How are funds received from a client that relate to an unpaid disbursement that has not been billed for, treated?
It is client money and must be promptly paid into the client account
65
What mens rea is generally requried for an attempt?
The mens rea for an attempt is specific intent, even if the mens rea for the 'committed crime' is basic intent.
The defendant must have a clear intention to commit the offense. Recklessness is typically insufficient for an attempt.
66
What is the standard of recklesness?
Objective or Subjective?
There is only one **subjective** standard of recklessness which applies to all offences
67
What type of intent is sufficient for **attempted** murder?
The defendant must have either **direct or oblique** intention to kill.
68
For a common enterpreise, what msut the shared intention be?
A shared **intent** to commit a violent offense
Recklessness (about the risk of harm) or knowledge of the risk is not enough to extend liability unless it was foreseeable that the violent act would occur.
For example, if A and B decide to rob X. A knows B has a knife but does not intent violnence nor foresee that A would use the knife she will not be liable for murder or wounding under common enterprise principles, even though she was involved in the robbery attempt.
69
Can spitting constitute criminal damage?
Criminal damage can be said to have been committed if there is cost in removing the spittle stain
70
Can you draw an adverse inference after charge in later interviews?
No
The full caution should not be given as the adverse inference provision under s34 of the Criminal Justice and Public Order Act 1994 **does not apply to questioning after charge.**
71
What is the test for excluding evidence under s.78?
The application should be granted **unless** tje prosecution proves to the court beyond reasonable doubt that the confession that it was not obtained under oppression or in circumstances rendering it unreliable/
72
If consent is denied by D, what is the most likely identification procedure the police are liekly to try covertly?
The police are likely to try to arrange a **covert video identification** as the preferred option
Confrontation would be the least preferred option and should only be used as a last resort.
73
When is theft 'low value'?
Low-value shoplifting as theft of goods under the value of £200,
74
How is low-value shoplifting treated?
Such offences are '**triable only summarily**' and are treated as summary-only offences at the first appearance.
The *exception* to this is where the defendant wishes to elect to be tried on indictment in which case the matter will be sent to the Crown Court.
Remember, you can still elect!!
75
If a single judge denies permission to appeal, what else can he do?
The single judge can make a loss of time direction, meaning that any time served in custody whilst awaiting the outcome of appeal may not count towards the sentence imposed
76
When a defendant makes his first appearance before the youth court when he is 17, but has his 18th birthday whilst the case is ongoing, what courts can hear the case?
Youth court *or* Adult Courts
77
If a youth (under 18) commits an offence, but is sentenced later as an adult, what sentencing powers are availab;e?
Their sentencing powers will not be limited to those available for a youth.
Whilst the starting point for his sentence should be the most likely sentence when the offence was committed, neither court's sentencing powers are limited by his age when the offence was committed
78
What should a solcitior do if a relativer calls you to represent their family member at the police station?
Contact the police station to confirm if the detainee wishes to instruct the solicitor, and if so, attend to advise the client.
This is the correct procedure because, according to CCS 3.1, solicitors should act on instructions from clients or someone properly authorised on their behal
79
Is a trustees' protection from liability not absolute when they act on professional advice?
No. The trustees' protection from liability is not absolute when they act on professional advice.
If the court finds that the advice was incorrect, and the trustees have breached their duties, they may still be held liable for breach of trust.
Good faith does not necessarily absolve trustees from liability if they act outside their powers or fail to act prudently.
80
What is the 'condition' of a a conditional discharge?
A conditional discharge is granted with the condition that
* The defendant **does not re-offend** within a specified period
* Or they will face consequences for both the original and new offences.
81
If an MCQ asks whether the 'gift is chargeable to IHT' but it falls within the nil rate band, what is the answer?
Although the value of the gift comes within the nil rate band, **it is still chargeable to IHT** albeit at the rate of 0%.
82
Can someone with a contingent interest only use Saunders?
No
Under Saunders v Vautier, a beneficiary can only collapse the trust and demand transfer of the trust property if they are of the age of majority, of sound mind, have a **vested interes**t and if they have the consent of all others who share the beneficial interest in the trust property.
83
What does it mean if someone has a vested in interest, but not in possession?
Their interest is veted, in that there is no condition to satisfy to become interested.
However, they do not recieve possession until a condition is met.
For example, a trust stipulating that
investments are to be transferred to Alex when he reaches the age of 30. Alex is currently 25. Alex's interest is vested in interest, but not in possession, as possession is conditional on Alex reaching the age of 30
84
If the 'acquirer' is not a purchaser for value, but is a donee, because she inherits the land, what are they bound by?
A donee is bound by all properly created interests in the land regardless of registration. This is the basic rule of priority under LRA 2002, s 28.
85
Is a deed executed under a power of attorney a good root of title?
A deed executed under a power of attorney raises questions about whether the power was still in force, which casts doubt on the seller's title. This makes it an unsuitable root of title.
86
If someone had permission to enter a building, but decides to go late and night to steal, can it be said they are a trespasser?
Although the had permission to be there, they would be entering in excess of any permission given.
The defendant must know or be reckless as to their entry as a trespasser.
87
When should an an accountant's report should only be **delivered** to the SRA?
If it is qualified, meaning it shows a failure to comply with the rules so that the client's money is at risk
Note, the six-month deadline relates to the firm obtaining the report, not delivering it to the SRA
88
Should an accountant report be delviered to the SRA if it shows minor errors?
Minor administrative errors that **do not put client money at risk** do not make the report qualified.
89
Is a bill necessary for the reimbursement of costs already paid by the firm to pay into the business account?
No
The firm is entitled to the reimbursement since it has already made the disbursement on behalf of the client.
90
Does the lawful excuse defenses apply only to aggravated criminal damage?
No.
The lawful excuse defenses in Section 5(2) apply only to basic criminal damage and not to aggravated criminal damage.
Aggravated criminal damage (where there is intent or recklessness as to endangering life) is excluded from the operation of these lawful excuse defenses.
91
If someone threatens to hurt someone LATER, rather than at the time of the theft, can it be robbery?
No
The person threatened must fear that they will be subjected to force **then and there.**
92
What is a transfer by personal representative to a beneficiary called?
An Assent
93
When making an assent of the whole of the registered title by the personal representative to the beneficiary, what forms must be sent to HMLR?
**Form AS1** (used for personal representative(s) to assent the whole of a registered title) will need to be submitted alongside an **AP1 Form** (used to change the register) as it is registered title.
94
What type of detail must be given as to costs to a client?
Whilst it is not necessary or appropriate to provide a detailed breakdown of the costs, the solicitor must provide a **general estimate** of the fees and expenses expected
95
To be guilty of aggravated burglarly, do you need to USE the weapon?
No
There is no requirement to use the weapon during the burglary, nor is there a requirement to demonstrate an intention to use the weapon.
The only requirment is that, when the actus reus and mens rea of burglary are made out, at the time, **the person has with them an aggravated article.**
96
How much of their presumptive share of capital can be advanced to a beneficiary
It depends when the trust is created
Before 1 October 2014: 50% of the presumptive share
Post 1 October 2014: 100% presumptive share
97
What is significant about criminal damage less than £5,000?
Are there exceptions?
Where a defendant is charged with criminal damage **(except aggravated criminal damage or arson**) and the value of the damage is £5,000 or less, the offence is summary only.
98
When dealing with mixed money, what is best practice?
It would be better practice to pay the mixed receipt into the client account first and then to transfer the business money element into the business accout
99
What is the effect of a bank paying the morgage monies to two trustees in relation to the clients interest in land?
Under the doctrine of overreaching, so long as the purchase price or mortgage monies are paid to two or more trustees the trust interest will automatically pass from the land to the monies.
Therefore anyone who 'gave money' for the initial contirbution have their interest overreached, and have no interest in the land.
100
What is the effect of the defence failing to give notice of an intention to call a witness?
If the woman calls a witness who was not notified, the court and the prosecution may make **adverse comment** on either the failure to serve a notice or an amended notice, or on the late service of a notice.
101
In relation to bail, what must/may the magistrates court do if faced with an offence of murder?
MUST
Send to the Crown Court
This is because, only a Crown Court judge can grant bail.
102
If, before a crown court judge, D is accused of murder but has no prior convictions, what is the test for objecting to bail?
The Crown Court judge must be satisfied that there is **no significant risk** that the man, if released, would commit an offence that would be likely to cause physical or mental injury to another person.
103
How can a client protecte themsleves if they are purchasing a leasehold flat but do not wish to be bound by the covenants?
Seek a **deed of variation**
This would protect the client as it is legally binding as the deed of variation would be registered with the land registry and then take effect in law
104
Can the consent of other trustees mean that a trustee does not breach the self dealing rule?
Can a trustee ever be excused?
No
The self-dealing rule prevents a trustee from purchasing property that is entrusted to him.
The self-dealing rule is strict; it is irrelevant that the man purchased X above market value; and the the consent of fellow trustees is irrelevant.
However, note that **beneficial consent will excuse the** man from a breach of fiduciary duty.
105
If A sells the house, but their partner B lives in the house but faisl to protect their interest, when will their interest bind a third party pruchaser?
The partner’s trust of land would be overriding if they were in **actual occupation and the occupation would have been obvious on a reasonably careful inspection** of the land
106
How does Mascall extend Re Rose?
Delivering the executed documents to the **donee or their agen**t is sufficient.
107
When dealing with transactions involving the sale of registered freehold property. Specifically, where the executed transfer deed must be correctly completed, what is best practice for a solicitor?
Obtain an independent witness to the execution of a transfer
An independent witness must not have a personal interest in the transaction (e.g., family members). Having the transfer executed in the law firm office provides both independence and compliance with best practice, avoiding issues in registration
108
What is the 'low value' shop lifting limit?
It cannot exceed £200
109
When abating a bill, how much do you credit/debit the ledgers with?
The amount of the reduction
110
If an agreement benefits the owner not the land (e.g. right to enter a forest so you can run a yoga class in the forest) can it be an easement?
The easement would not be valid without being a general benefit **to the land**.
111
What must a solicitor do if they breach an undertaking?
They are personally responsible to perform those undertakings.
Should the solicitor fail to comply with those undertakings, **they bear the liability of any costs incurred.**
112
If a trustee makes a personal profit, does the fact it benefits the trust mean there is no breach?
Can the duty to avoid unauthorised profits be waived?
Even if the trust were to benefit, the trustee would still be in breach if they make any profit
However, the fiduciary duty, especially the duty to avoid unauthorised profits, can be waived provided:
* All beneficiaries are adults with full legal capacity.
* All beneficiaries give informed consent after full disclosure of the situation.
It is NOT sufficient for all the other trustees to simply consent.
113
If there is default on a secured interest, how will the court decide between interests?
For example, a properrty with a child living there. Morgage Default. Per s.15 TOLATA will the court generally grant possession?
**Creditor interests are generally prioritised immediately upon default on a secured debt.**
Whilst the courts c onsider intentions of the trust’s creators; current purpose of the property; welfare of any minor occupying the land, the truth is that creditor interests often dominate unless persuasive arguments are made.
114
When will a trust over land be constituted?
When a deed of transfer (more specifically, a transfer form) has been validly executed and forwarded to HM Land Registry
Failure to do this means that the legal title to the trust property does not transfer to the trustee and Beneficiaries have no enforceable rights unless an exception (e.g. Rose) applies.
115
If a severance is sent by registered post, does it still need to be ACTUALLY delivered to be valid?
No
So long as the leter is sent by registered post, and is not returened to the send, the letter is deemed to have been delivered and severance is effective.
However, it must be shown that it has not been returned to the sender undelivered.
116
What class aremuseums and public libraries?
Museums and public libraries both fall under Class F (Local Community and Learning) and therefore the change of use would not require planning permission
117
What type of judge has HHJ prefix?
Circuit Judge
'Your Honour'
118
How do you refer to a bench of lay magistrates?
Your Worship
119
What offence can D be charged with for causing concussion and bruising?
Suffering a concussion and bruising is more than merely transient or trifling; therefore an assault and a battery are not the appropriate charges
However, it is not sufficiently seriosu for GBH
Thereforem ABH s.47 as the concussion and bruising amounts to any hurt or injury calculated to interfere with the health or comfort of the victim.
120
What is the 'client money - client account' exception under the Court of Protection?
Solicitors are able to withhold money from a client account where there is a conflict with the requirements of their specified role.
Particularly, to keep client money in a seperate deputyship bank account in fulfilment of their deputyship role.
121
Does the 'automatic satisfaction' of the interest of justice tests for a representation order if you have a trial for an imprisonable offence apply to appeals?
No
This does **not** apply to appeals to the Crown Court against conviction.
122
What is a Class D(iii) land charges for?
Equitable Easement
123
What is a grave crime?
* Does not have a term of imprisonment fixed by law (**Unfixed Term**)
* Can be punished by imprisonment for **at least 14 years**
* ... For an adult offender **over the age of 21.**
Note, the age the '14 years' is judged at is 21 not 18!!
124
What type of test is the 'seriously wronged' question for loss of control?
How does this relate to limb 1?
Limb 1: Assessing whether a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same way. This part is objective.
Limb 2: Tthe question of whether the defendant **felt** seriously wronged by the conduct or words of the victim is subjective.
Simply
* **Subjective**: Did the defendant genuinely feel seriously wronged?
* **Objective**: Would a reasonable person in similar circumstances feel seriously wronged and lose control?
125
For non purpose charitable trusts, how do we decide whether thet offend the rules against perpetuity?
If not explicitly stated, the perpetuity period may be **inferred** from the circumstances
(eg a dog will not live longer than 21 years, the saying of **A** private mass will only take place once, and the erection of a monument will be a single act).
126
What are th elimitation periods for breach of trust?
* **Vested Interes**t: 6 Years From Breach
* **Contingent Interes**t: 6 Years from Interest Vesting in Possession
* **Minor Beneficiary**: 6 Years from Turning 18
127
What is the time limit for a landlord pursuing an ORIGINAL tenant of a pre-1996 (old lease) for liability of an assignees fixed charges (e.g. rent)?
6 Months
Pre-1996 leases: The original tenant remains liable under privity of contract. Section 17 limits this liability to fixed charges (e.g. rent) from the **six months** before a landlord's default notice.
For pre-1996 leases, the privity of contract rule ensures the six-month liability cap remains critical.
128
What type of intoxicant is alcohol?
Alcohol is classified as a **dangerous** intoxicant
Voluntary intoxication by consuming dangerous substances like alcohol cannot be used as a defence for crimes of basic intent
129
For how long do solicitor have to store SRA accounting records
6 Years
130
What is the statutory order of repaying estate debts>
1. Property **undisposed** of by the will (intestate property).
2. Any property gifted in the **residue**.
3. Property specifically **given for the payment of debts**.
4. Property charged for the payment of debts.
5. Money retained to pay **pecuniary legacies.**
6. Property **specifically gifted**.
7. Property over which the executor has a **general power** (e.g., property they can legally dispose of to meet liabilities).
131
What is the test for no case to answer?
If, even when taken at its highest, the prosecution evidence is such that a properly directed tribunal could not convict, the case should not proceed.
132
For the fraud offences, what is in concern relation to the knowledge of D?
Focus is on the **subjective** nature of the law - what did D know?
It is not about what Dshould or ought to have known; more so with what D actually knew
133
Who is the 'principal' offender/
The actually committed the substantive offence
Someone who physically carries out the actus reus (the guilty act) of an offence. They commit the substantive offence themselves, whether alone or jointly with others.
134
If an estate is a small estate (e.g. < £5k) what is the 'procedure'?
The executor should contact each relevant institution to ask if they will release the funds wihtout a grant of representation.
* Organisations holding assets of the deceased (e.g., banks, NS&I, DWP) may release funds directly without a grant.
* Each institution has its own small estate threshold and requirements.
* it does not guarantee release of funds; institutions retain discretion to require a grant of representation before releasing assets.
135
What is required for Unlawful Act Manslaughter
A defendant must commit a base offence first that was unlawful, **objectively dangerous**, and caused the death of the victim
136
What Court CANNOT issue a referral order?
Crown Court
137
For gross negligence what needs to be obvious and seriously forseeable?
The Risk of Death
Do not get confused - it is not the risk of serious injury!
138
When can a firm use a third party managed account?
A firm can only use a third-party managed account where it **does not operate** any of its own client accounts.
You cannot have **both** a client account and third party managed account.
Money held in a third-party managed account is not client money because it is not under the control of the firm.
139
What does bank reconciliation involve for a COFA?
Bank reconciliation must take place at least **every five weeks**.
Bank statements for **all the firm’s accounts** (both business and client) must be reconciled with (checked against) the firm’s internal accounting records to identify and resolve any discrepancies.
140
141
What is a D(ii) Land Charge
Restrictive Covenant
142
What is a D(iii) Land Charge
Equitable Easement
143
What is a C(I) Land Charge
Puisne Morgage
144
What is a C(I) Land Charge
Puisne Morgage
145
What is a C(iv) land charge?
Estate Contract
