Missing bits 2

Question 1

For a PI contingency, what is the contingency cap based on dames or costs?

Answer 1

Success fee must not exceed 25% of damages excluding damages for future

Question 2

What is reversing?

Answer 2

goes to appeal and the higher court disagrees with the lower court

Question 3

What is overruling/overturning?

Answer 3

higher court decides the precedent set in an earlier decision is wrong

Question 4

When can the CofA depart from its own earlier decision?

Answer 4

• if has previous conflicting decisions - todays’ court can decide which to follow
• if it has been overruled by Supreme Court
• if the decision was made ‘per inucirium’ - not aware of relevant authority

Question 5

Prescription - what is the time based on?

Answer 5

the time that C could have complained, not the time that the disturbance has been going on for.

Question 6

Where a director has an interest in a transaction, can they vote on it?

Answer 6

No - MA 14 prohibits this (can be removed by OR)

Question 7

Does a classic counter claim have to have anything to do with the original claim?

Answer 7

No

Question 8

How can you amend a statement of case?

Answer 8

• no consent needed before service
  AFTER SERVICE NEED EITHER
• consent of all parties (court can still refuse)
  OR
• Courts permission

Question 9

What standard KYC is required for a company

Answer 9

• company house info
• UBO (more than 25%) - can’t just rely on PSC register

Question 10

What is a breach of the peace?

Answer 10

• harm
• actually done or likely to be done
• to a person

OR

• his property in his presence

OR

• he’s afraid of being harmed

Question 11

What can the police do for breach of the peace?

Answer 11

• Arrest
• Detention
• Bound over
• disperse a meeting

Question 12

Who occupies land for OLA?

Answer 12

Can be both the owner and someone who the owner has allowed to temporarily occupy a space.

Question 13

are housing authorities ‘public bodies’ for HRA purposes?

Answer 13

Yes

Question 14

are private care homes for the elderly ‘public bodies’ for HRA purposes?

Answer 14

No

Question 15

Only the victim (which can be a legal person) can bring a claim under the HRA, can relatives of deceased bring a claim?

Answer 15

Yes

Question 16

who are ‘connected persons’ for preference

Answer 16

• director
• shadow director
• or there associates

Question 17

who are ‘associated persons’ for preference

Answer 17

pretty much anyone

Question 18

what are the assumptions if preference is given to a connected person

Answer 18

• rebuttable presumption that preference was ‘desired’

BUT

• no presumption of insolvency

(difference to TUV).

Question 19

Who are connected persons for transactions with directors?

Answer 19

• Spouse & children
  The following are not connected;
• siblings,
• grandparents
• grandchildren
• uncles and aunts

Question 20

If a transaction is with a director of the company AND its holding company who will need to approve it?

• Substantial property transfers
• Loans

(note: not long-term service contracts)

Answer 20

• the shareholders of the comapny

AND

• the shareholders of the parent company

Question 21

Can a director vote at a BM where they are involved in a transaction?

Answer 21

No

Art 14

Question 22

Is approval required for a wholly owned subsidiary of another company?

• Long-term service contracts
• Substantial property transactions
• Loans

Answer 22

No

Question 23

Can a majority of Partners expel a partner?

Answer 23

No - not unless they all agree…

Question 24

What is the effect of a partner leaving a partnership?

Answer 24

partnership is dissolved unless the partnership agreement states differently

Question 25

How can a partnership be dissolved?

Answer 25

- automatically once purpose forefilled - death or bankrupcy of any partner - notice by any partner - becomes unlawful - dissolution by the court

Question 26

What damages are covered by CPA?

Answer 26

- death - personal injury - loss or damage to property (£275 only PRIVATE USE)

Question 27

What damages are not covered by CPA?

Answer 27

No PEL: - no damage to the product itself - no damage to a product it is contained within

Question 28

What’s the time limit for JR and public procurement?

Answer 28

30 days

Question 29

when counting time for DDS on particulars of claim, what happens if the relevant step was taken on Friday for under 5 days?

Answer 29

the day after the relevant step is Sunday, but as this is not a business day, the next day is used instead which in Monday.

Question 30

After a claim is served, what permission is needed to add, remove or substitute a party?

Answer 30

The Court's permission ONLY

Question 31

For a misrepresentation must the person rely on the misrepresentation?

Answer 31

YES - so if you cover something up and the person doesn't see it there's no misrepresentation.

Question 32

Should you read the question properly?

Answer 32

Yeah

Question 33

Where a contract is frustrated, can further payments be due?

Answer 33

No

Question 34

In Judicial review, what are direct and indirect bias?

Answer 34

Direct - decision maker will lose out Indirect - a mate of the decision maker will lose out

Question 35

In Judicial Review, can the Courts quash a SI?

Answer 35

Yes if not made in accordance with primary legislation

Question 36

What is required to meet legal aid?

Answer 36

- sufficiently strong case - means test

Question 37

What is the period required for the NCA

Answer 37

7 WORKING DAYS 31 clear DAYS

Question 38

Does a person abroad require Enhanced Customer DD?

Answer 38

No

Question 39

If a person enters into a contract on behalf of a company before it is formed, does the liability for the contract pass to company once formed?

Answer 39

No

Question 40

is a partner liable for debts before they joined?

Answer 40

No

Question 41

When making loans to directors, how long must the contract be available for members before voting? Does this change because the short notice option is picked?

Answer 41

15 days & No Therefore, if you want it done quickly, the WR method is better.

Question 42

For transactions with directors etc. involving parent/subsidiary relationships, does the subsid need to go to its members for approval?

Answer 42

No - it will be subject to the wholly owned subsidiary rule, therefore, only the parent's shareholders will be required if the proposed transaction involves a director of the parent.

Question 43

For company preference, what effect does being connected have?

Answer 43

Just that 'desire to prefer' is presumed - still have to show insolvency

Question 44

When is 'material contribution' used?

Answer 44

where it is not possible to say exactly what effect the medical negligence had. Brick dust - tortious and non-tortious Medical - poor treatment and sick caused choking

Question 45

Under the CPA what is the minimum amount of domestic property damage required?

Answer 45

£275

Question 46

When considering the standard of care, is the child's age taken into account?

Answer 46

Yes - so not just "a child" but "a 8 year old child"

Question 46

What can an injured person claim for in Tort?

Answer 46

- special damages - general damages - loss of amenity - loss of earnings post trial

Question 47

Do safe systems of work need to be enforced in order for them to be considered safe systems of work?

Answer 47

Yes