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General Law Obs Flashcards

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1
Q

When do you need professional indemnity insurances for

A

Need in place for future years as it covers claims during the year not acts during the year

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2
Q

Who do the SRA indemnity insurances rules apply to

A

Authorised firms

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3
Q

What must authorised firms do for insurance

A

Take out and maintain appropriate and adaquate insurance

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4
Q

What if the insurance isn’t continuous

A

90 day extension period - notify SRA if you enter this

30 days into period- no new policy means no new work

When 90 days expires you must cease practising.

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5
Q

What does indemnity insurance cover

A

Claims made against solicitors

Pays compensation to client and sometimes defence costs and if unsuccessful the clients costs

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6
Q

What if the insurer doesn’t pay enough

A

Solicitor liable for shortfall

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7
Q

Can you get insurance with any provider

A

No must be a participating insurer, regulated by FCA and have an agreement with SRA to use specific terms

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8
Q

What is the minimum amount of insurance cover per case

A

£3m for licensed bodies
£2m for others

Exclusive of defence costs

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9
Q

Can liability be excluded below the minimum amount

A

Not unless freelance or working for non commercial body

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10
Q

Can you cap liability above minimum level

A

Yes but must be adaquate and appropriate

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11
Q

Do you ever need to go beyond minimum amount

A

Might need to for it to be adaquate and appropriate

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12
Q

Who does the requirement to ensure insurance is obtained fall in

A

Duty on solicitor to ensure the body gets insurance

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13
Q

Who does the insurance requirement apply to

A

SRA authorised firms
Non commercial organisation providing reserved legal services to public.
Freelancers providing reserved legal service to public

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14
Q

If you do some reserved and some non reserved activities which must you insure

A

All of them

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15
Q

What must you tell clients about insurance

A

Level of cover
Insurer
Territorial scope

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16
Q

What must freelancers tell clients when providing reserved services to public

A

They’re not required to meet SRA minimum Ts and Cs

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17
Q

Discrimination provisions in SRA code of conduct

A

Don’t unfairly discriminate in provision of services - not limited to EA definition

Encourage equality, diversity and inclusion

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18
Q

Can the cost of adjustments be passed on

A

No

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19
Q

Do SRA principles apply to private life

A

Yes

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20
Q

Duty to keep up with developments

A

SRA code of conduct- solicitors must keep up to date with law and regulations governing the way they work

Responsibility on individuals but firms should provide training too

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21
Q

Who is equality act 2010 applicable to

A

Service providers

Employers

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22
Q

S4 protected characteristics in EA

A 
Race
Age
Religion / belief
Sex
Sexual orientation 
Disability 
Gender reassignment 
Marriage / CP
Pregnant/ maternity
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23
Q

What doesn’t marriage PC include

Study These Flashcards
A

Single people
Divorced
Cohabited
Not included

24
Q

S6 EA- what is a disability

Study These Flashcards
A

Physical or mental impairment that has a substantial and long term adverse effect on ability to carry out normal dat to day activities

25
What is direct discrimination
Due to PC, treated less favourably than others without PC
26
Must comparator person be real or exactly the same
Can be real or hypothetical Circumstances must be the same or not substantially different
27
What is less favourable treatment
Any disadvantage
28
Defence to direct discrimination based on age
Treatment was proportionate way to achieving legitimate aim
29
Do you need to suffer actual loss to claim direct discrimination
No
30
Do you need intention for a claim of direct discrimination
No It is objective No need to show they intended to discriminate
31
What if there are several reasons for less favourable treatment
PC must be an influence but doesn’t have to be main reason
32
What if you get less favourable treatment because someone mistakenly thinks you have PC
Still direct discrimination
33
What is indirect discrimination
When conditions apply to everyone but they prejudice a particular group with a PC Puts them at a disadvantage compared to those without PC
34
Defence to indirect discrimination
Proportionate means of achieving a legitimate aim
35
Is there a PC that indirect discrimination doesn’t apply to
Pregnancy / maternity This would be direct discrimination
36
What is s15 disability discrimination
Discriminate against a disabled person if you treat them unfairly because of something arising in connection with their disability Must have known or reasonably expected to know that they had the disability No need for a comparator person
37
Defence for s15 disability discrimination
Proportionate means of achieving a legitimate aim
38
What is victimisation
Subjects to detriment because they did a protected act, think they did or might do
39
What is a protected act for victimisation
Brining proceedings under EA Giving information or evidence for proceedings under EA Do anything relating to provisions under EA Allende another person breached EA
40
Is anyone protected against victimisation
No. You must have a PC to be protected
41
What is a detriment
Anything that puts them at a disadvantage or makes their position worse
42
What is harassment under EA
Subject to unwanted conduct which violates dignity or creates intimidating, hostile, degrading, humiliating, or offensive environment for individual Unwanted conduct must relate to PC, be of sexual nature or relate to sex or GR and due to rejection of or submission to conduct
43
What is the duty to make reasonable adjustments
Where a practice, physical feature or lack of auxiliary aid puts them at a significant disadvantage take reasonable steps to fix this Substantial - more than trivial
44
Are solicitors service providers if acting pro Bono
Yes don’t need to be paid to be a service provider. EA still applies
45
What is it unlawful for a service provider to do
Victimise, discriminate or harass by not providing services, terms of service, terminating service or subjecting user to detriment
46
Are employers who are service providers always liable for employees
Yes unless can show they took reasonable steps to prevent discrimination before it occurred
47
What is specific about duty to make reasonable adjustments if you are a service provider
Must make the adjustments in advance
48
Claim for service provider not making reasonable adjustments
Must be affected to claim County court Any tort or JR remedy Burden on C to show discrimination then D must disprove it
49
When can an employer or service provider take positive action
When PC group is disadvantaged, have different needs or don’t participate much in an activity Can take steps to solve this
50
Can you promote a PC person over non-PC because they have a PC
When employer thinks PC is under represented or disadvantaged they can recruit or promote them over a person without the PC when they are both equally qualified
51
Who is protected from discrimination against employer
Employees Partners and potential Members and potential
52
Are employers liable for their employees
Can be VL
53
Can you ever refuse to hire someone because of a PC
If you can prove due to nature of job only some people can do it Proportionate means of achieving legitimate aim
54
What can an employer not do under EA
Harass, discriminate or victimise an employer or potential employee in hiring, terms, promotion, benefits, dismissal or subjecting them to detriment
55
What is a detriment
When a reasonable employee would feel disadvantaged in the circumstances in which they had to work No need for physical or financial impact
56
When must an employer make reasonable adjustments
For employees or possible employees When they know or ought to reasonably know they’re disabled Not preemptive like services
57
How to bring a claim under EA against an employer
Employment tribunal Must try conciliation first Can be employee or possible employee Compensation, declaration or recommendation

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