Mixed (Revision notes)

Question 1

What is margin of appreciation?

Answer 1

translated as “margin of assessment/appraisal/estimation”.

A State might be able to better determine whether a departure from ECHR rights is justified by the circumstances (subject to supervision by ECtHR)

Exception to it include Article 3-torture

Question 2

What is a purposive approach to interpretation in echr?

Answer 2

purposive approach to statutory interpretation seeks to look for the purpose of the legislation before interpreting the words

(intention of the Parl is seen first)
(opposite of literal rule)

Question 3

What is the doctrine of positive obligation?

Answer 3

the prime characteristic of positive obligations is that they in practice require national authorities to take
the necessary measures to safeguard a right or to adopt reasonable and suitable measures to protect the rights of the individual

Question 4

What is the period of limitation for appeals to the Grand Chamber from Chamber (under ECHR)?

Answer 4

3 months

Question 5

Are decisions of ECHR binding on UK courts?

Answer 5

NO. They are persuasive and are only binding if ECHR is incorporated into UK law (it is in the form of HRA). ECHR decisions are not directly binding on UK courts

But ECHR judgements are binding on national governments (as it is international law)

Question 6

Period of limitation for submitting appeal to ECtHR?

Answer 6

6 months

Question 7

What kind of legislation can the Court strike out under the HRA?

Answer 7

Cannot strike out primary legis (only DOI possible)

Can strike out secondary legis (if primary legis does not prohibit it)

BUT
DOI for secondary legis where primary legis prevents removal of incompatibility

Question 8

What is the power of remedial action under HRA?

Answer 8

If

1. A DOI by UK court
2. Decision of ECtHR

A minister can amend the primary legis that is incompatible if:

1. there are compelling reasons
2. amendments can be made to primary legis

Question 9

What is the minimum paid up capital for a public company?

Answer 9

Minimum paid shares-25%

Minimum share capital: 50,000 GBP

Question 10

what changes are effected by a special resolution?

Answer 10

Change of name
Change of AoA
Member’s and credito’s voluntary winding up

Question 11

What is the principle of reflective loss?

Answer 11

a shareholder cannot bring a claim for a fall in the value of their shares or dividends due to loss suffered by the company where the company has a cause of action against the same wrongdoer

Except: employees and creditors

Question 12

What are the periods of notice for AGM for companies?

Answer 12

14 days for pvt cos
21 days for public cos

28 days for resolution for removing directors or auditors before end of office (can’t be a written resolution)

Question 13

What conducts of a director can be ratified by reso of members?

Answer 13

Breach of duty/trust, negli, default CAN be ratified

Fraud CANNOT be ratified

Directors can apply to court if members refuse to ratify

Question 14

What amounts can be given to directors

Answer 14

W/o approval of members:
not over 50,000 GBP

Small loans not exceeding 10,000 GBP

With approval of members:
over 100,000 GBP or 10% of cos net asset value (lower amount) in case of property transactions

Question 15

What the exception to the special damage requirement in slander?

Answer 15

if the imputation is that the claimant:
■ has committed a serious criminal offence;
■ is unchaste or has committed adultery (female claimants only);
■ has a contagious or infectious disease that prevents others from associating with him; or
■ is unfit, dishonest or incompetent in relation to his trade, profession or business

Question 16

What are the elements of defamation?

Answer 16

The statement must be defamatory
Statement must be about the claimant (need not be direct identification)
It must be published
It must cause serious harm (2013 law puts this)

Question 17

What is the public interest defence for defamation?

Answer 17

1. The matter is of public interest (obj limb)

2. The defendant reasonably believed that publishing the statement was in public interest (sub limb)

Question 18

What kind of restraint does false imprisonment involve?

Answer 18

A total (not partial) restraint

It could also be for a temporary time period

Question 19

What is the duty of care of an occupier for visitors Under 1957 Act?

Answer 19

Limited to ensuring that the visitor is not injured and NOT to ensure safety of the premises (thus putting up warning signs etc will negate liability)

Children (higher duty) and skilled visitors (lower duty but THERE is still a duty) are an exception to this

Question 20

Is pure economic loss recoverable?

Answer 20

No

Except in negligent misstatements (where there is a special relationship b/w the parties)