mocks

Question 1

equitable leases

Answer 1

• in writing
• signed by or on behalf of both parties
• contained all the agreed terms
• an equitable lease is an interest affecting a registered estate and should be registered as a notice on the charges register of the landlords title
• even if not registered - if they are in actual occupation and it is clear from the facts that the buyer has actual notice of the lease (obvious on a reasonably careful inspetion)

Question 2

equitable intests under a trust

Answer 2

constructive -
- agreement between the legal owners of the house and they rely on the agreement to their detriment by contributing financially to the costs.

under s 12 tlata a beneficiary with an interest in possession in property held under a trust of land has the right to occupy that property if the purpose of the trust included making the land available for the occupation of the beneficiaries or if the trustees hold the land so that it is available for the beneficiaries to occupy.

Question 3

res gestae evidence

Answer 3

the test for admissibility of res gestae evidence was set out in r v andeews:

• the primary question which the judge had to ask himself was can the possibility of concoction or distortion be disregarded?
• consider the circumstances in which the particular statement was made in order to satisfy himself that the event was so unusual or dramtic as to dominate the thoughts f the victim so that his utterance was an instinctive reaction to the event
• ## it has to be so closely associated with the event that it could be fairly be said that the mind of the declarant was still controlled by the evebt.

Question 4

SDLT and LTT

Answer 4

• property in wales subject to ltt
• no relief under ltt for first time buyers.

Question 5

criminal damage lawful excuse -

Answer 5

• belief need be only honestly held - not affected by intoxication.

Question 6

trustees appointing agents

Answer 6

the trustees must enter into a written agreement with the agents when appointing them, including a written policy statement.

it is not possible to appoint a beneficiary as an agent.

• under the trustee act 2000 to appoint an agent to undertake all the invest ment related activities of the trust. the trustees need not directly take any investment activities themselves once the agent is appointed although they must regulary review the activities of the agent.

Question 7

in what circumstances should a solicitor acting on a sale and purchase of a commercial property recommend that in the contract the purchase price is expressed as inclusive of vat.

Answer 7

an insyrance company is VAT sensitive which means it makes exempt supplies and may not be able to recover any vat it has to pay on the purchase price.

a seller should never be advised by its own solicitor to make the purchase price inclusive of vat. this is becuase if the supply is standard rated as with a new building or it wants to opt to tax in order to recover vat paid on refurbishment or the law changes the vat staus between the sale between exchange and completion, the seller will be unable to add the vat to the agreed price.

Question 8

diminished responsibility

Answer 8

defence - if they are able to prove on the balance of probabilities that they have an abnormality of mental functioning arising from a recognised medical condition, which substantially impaired her ability to form a rational judgement and was a contributory factor in the victims death.

Question 9

capital gains tax

Answer 9

Private residential relief is not available for investment properties.
if the clients total capital gains for the year exceed the annual exemption then it will be payable.

Question 10

rent review provisions

Answer 10

if rent review provisions were excluded from the lease this would benefit the landlord as a tenant would pay more for a lease with no rent review clause in it because of the certainty of the rent which would not increase during its term.

Question 11

concurrent and consecutive sentences

Answer 11

a prisoner will generally be released after serving half their sentence.

Question 12

accomplice

Answer 12

actus reus of accompice liability - aids the offence.

Question 13

outgoing trustees

Answer 13

outgoing trustee can retire under s 39 of the trustee act without being replace so long as there will be two trustees still in office and the trustee retired by deed and the other trustees consent.

Question 14

fraud

Answer 14

a person commits fraud if they dishonestly make a false representation and intend by making the representation, either to make a gain for themself or another or to cause loss to another or to expose another to the risk of a loss and thye know that the representation is untrue or misleading or know that it might be.

Question 15

beneficiaries trust - right to information

Answer 15

the beneficiaries of a trust are entitled to see the trust deed, trust accounts and schedule of investments - cannot refuse to supply these documents.

under no duty to give reasons for the decisions that relate to truste powers where some form of judgement is involved.

beneficiaries are not entitled to documents which record why trustees exercised their discretion in a particular way. it is possible for the beneficiaries to apply to court in an attempt to secure the disclosure of the minutes under the courts inherent jurisdiction to supervise the administration of trusts but only if this is in the interest of all parties and unlikley to cause disharmony.

Question 16

PRs removal

Answer 16

once a pr has accepted office, the appointment is for life unless the pr is removed by the court under s50 of the adminstration of justice act.

via application to the court.

an application can be made by the beneficiaries, or the pr themselves.

the court has a discretion to replace a pr who has been removed but does not have to unless there is only one pr remaining.

the pr can retired but would need to apply to the court.

Question 17

criminal damage

Answer 17

HONESTLY BELIEVED - SUBJECTIVE TEST.

the court will decide objectively what the defendants purpose is and this must be to protect the property. thereafter the court the question is whether the man honestly believed the property was in need of protection and the menas adopted were reasonable - not whetehr a reasonable person would have.

Question 18

deposits as stakeholders / agents

Answer 18

the stahdard conditions and the standard property conditions both provide that the seller can rescind the contract and forfeit and keep the deposit if the buyer fails to complete.

if the deposit is paid to the sellers solicitor as an agent for the seler, it means the sellers solicitor can pay the deposit to the seller without waiting for completion.

standard conditions and the standard commerical property conditions both provide that the funds to pay the deposit must come from an account at a clearing bank in the name of a conveyancer.

Question 19

what is the max time a person can spend in custody between his first appearance in the magistrates court and the start of their trial

Answer 19

56 days from first appearance to the start of the summary trial for an either way offence when the decision to proceed to summary trial is taken within 56 days

70 days is the relevant time limit from first appearance to the start of the summary trial for an either way offence where the decision to proceed to summary trial is not taken with 56 days.

182 days is the max period of custody when a case is sent for trial to the crown court from the time when the accused is sent for trial and the start of the trial in the crown court.

Question 20

undertakings

Answer 20

even if the word undertaking is not used (e.g. making a promise0.

not neccessary to include the word undertake for an oral/written statement on which reliance is placed, to consistute an enforceable promise.

the undertaking is binding both on the individual and the firm.

Question 21

accountants reports

Answer 21

only accountants reports that are qualified need to be submitted to the sra. a report will be qualified when the firm has not complied with the sra accounts rules.

the firm is required to obtain an accountants report within 6 months of the end of the accounting period, the firm does not neccessarily need to submit the report to the sra unless it is qualified.

exceeds 2 million - must get an accountants report.

Question 22

con29

Answer 22

reveals planning permissions

in o

Question 23

fla 1996

Answer 23

the partner can claim a right of occupation under s30 so long as the property was or is intended to be the matrimonial home, and as long as the partners are still legally married or in a civil partnership.

however in order to protect the interest it must be regsitered as a notice on the charges refister of the proeprty by the date of registrattion of a buyers interest.

Question 24

claims for provision

Answer 24

a spouse can claim for general provision as is reasonable whether or not the privision is required for maintenace.

child is one of the catergories the claim is only for such general financial provision as is reasonable to recieve for maintenance.

letter of wishes taken into account but not conclusive.

Question 25

s33 wills act

Answer 25

provides that where a will contains a gift to the testattors child and that beneficiary dies before the etstator elaving issue of their own who survive, the gift does not lapse but instead passes to the beneficiaries issue. lapsed - predeceased e.g. adeemed - no longer owned by the testator.

Question 26

exercising discretion - trustees

Answer 26

trustees exercising any function relating to the land must consult any beneficiary who is of full age and beneficially entitled to an interest in possession in the land and so far as consistent with the general interest of the trust, give effect to the wishes of any such beneficiary. the duty to consult has not ben excluded only relevant to interests in possession.

Question 27

- consent for video identification procedures

Answer 27

the police and criminal evidence act 1984 code d state that a supsect could be invited to take part in an identification procedure and that suspect can refuse to consent. consent of a juvenile is only valid if their parents or guardians consent is also obtained unless the juvenile is under 14 when their parents or guardians consent is sufficient in its own right.

Question 28

recklessness - subjective test

Answer 28

the risk must be unjustified - an awareness of even the smallest risk of causing the harm is sufficient what the reasonable person would have forseen is irrelevant.

Question 29

indirect intent

Answer 29

the consequence must be virtually certain.

Question 30

qualified freehold title

Answer 30

lease may only be registered with good leasehold title. this might make the lease difficult to sell so should raise additional enquiries

Question 31

right to light

Answer 31

recognised negative easement no general right to light, the right to light must be via a defined aperture benefitting from the right. there can be no easement for an uniterrupted view.

Question 32

private residence relief

Answer 32

a seller of a residential property is likley to obtain the benefit of principal private residence relief on the sale of a dwelling house used as the sellers main residence. however the relief may be lost on any part of the house that is used exclusively for business use. period of absence - apportunied to reflect the proportion of each year they were there.

Question 33

s20 of the adminstrattion of justice act

Answer 33

enables the court to order a will to be rectified so as to remedy a failure to carry out the testators intentions in consequence of a clerical error. also enables a court to order a will to be rectified so as to remedy a failure to cary out the testators intentions in consequence of failure to understand instructions

Question 34

prs income tax on dividends

Answer 34

prs may income tax on dividends at the basic rate only - 7.5% prs annual exemption 12,300. a transfer of an asset to a beneficiary is not a disposal for capital gains tax purposes

Question 35

suspended sentences

Answer 35

the court can impose a suspended sentence if it considers that particular circumstaces a cusotidal sentence of at least 14 days but no more than 2 years may be suspended. a custodial sentence can be suspended for betweeen 6 months and 2 years. not mandatory to impose requirements on the defendant

Question 36

in relation to the provision of disclosure and information by the police to the solicitor at the police station

Answer 36

the police must give the solicitor sufficient information to enable them to understand the nature of any such offence and why they are suspected of committing it. the police are not obliged to provide the solicitor with any evidence of the case although they normally will. the custody officer should allow the solicitor to inspect the custody record and detention log. the custody officer is not invovled with the investigation of the offence and the decision rests with the investigating officer who has sufficient knowledge of the case to make that decision. the officer who discloses the information shall make a record of that information disclosed and when it was disclosed.

Question 37

trustee appointing others in their place

Answer 37

will automatically be liable for any defaults by their appointment. other trustees: failed to exercise such care as an ordinary prudent business person would in the management of their own affairs.

Question 38

administrators

Answer 38

if a beneficiary is under 18 there will need to be 2 adminstrators.

Question 39

sdlt

Answer 39

payable on the total purchase price plus vat - 14 days from completion.

Question 39

what is the earliest date on which the buyer may be required to complete the assignment if the landlords consent has not been given by the contractural completion date.

Answer 39

under the standard commercial property conditions, the earliest date which a buyer may be required to complete the assignment is 5 working days after the seller gives written notice to the buyer than conset has been obtained or a court has declared consent has been unreasonably held.

Question 40

suspended sentences

Answer 40

the triggering of a suspended sentence of imprisonment is not dependent on the most recent offence being an imprisonable one. must be committed during the operational period of the suspended order. nor is it dependent on the length of the suspended sentence order but on the length of the operational period of the suspended sentence

Question 41

interests

Answer 41

an interest which benefits land in a registered title are found in the property register. interests that burden the registered title should appear as a notice in the charges register. restrictions appear in the proprietorship register.

Question 42

doctrine of transferred malice

Answer 42

intention to kill combines with the ctus reus to complete the offence. does not apply from person to damage.

Question 43

turnball guidelines

Answer 43

may still apply even where the defendant is present at the scene but claims an identification witness is mistake but only where there are other people or person present who are is similar to the description of the defendant. although the turnball guidelines will commonly apply where an alibi defence is being raised, this is not the only type of defence the guidelines apply to. the key requirement is that the defendant is claiming the witness is mistaken. also apply to recognitition and identification cases

Question 44

assumption that joint tenancy has not been served. unregistered land

Answer 44

a buyer is entitled to assume that a joint tenancy has not been severed if three conditions are met - no memorandum of severance endorsed in the conveyance of the property to the joint tenants - no bankruptcy proceedings regsietred against the joint tenants - that the transfer contains a statement by the seller that he is legally and beneficially entitled to the property.

Question 45

seller and buyer executing deeds

Answer 45

the seller will always have to execute the transfer deed to transfer land. the buyer or buyers do not always have to but do in certain circumstances - e.g. when they enter indemnity covenants - make a declaration. - new covenants

Question 46

s19 landlord and tenant act

Answer 46

s19(2) of the LTA 1927 implies a term into a covenant against improvements that the landlord will not unreasonably hold consent in relation to improvements therefore the landlord will not be able to withold consent unreasonably

Question 47

self defence

Answer 47

believes that the force is neccessary - subjectively - and the degree of force was reasonable in the circumstances - objective.

Question 48

confessions

Answer 48

an admission is any statement wholly or partly adverse to the person who makde it whether made to a person in authority or not and it is admissible in eidence as an exception to hearsay. the admission does not need to be confirmed by the person who made it when formally interviewed. there is no requirement for an admission to be corobated. intoxication will not affect the question of admissibility unless it has been made during a formal police interview - although the state of intoxication may have an impact on its cogency and weight.

Question 49

loss of control

Answer 49

doesnt have to immediate - can be a reaction in response to a culmination of events such as incidents of abuse that occur over time. the test is subjective. sexual infidelity cannot be relied upon its own as a qualifying tirgger its existence does not prevent reliance on the defence where there are other qualifying triggers such as fear of violence. acting out of a considered desire for revenge is precluded.

Question 50

1954 security of tenure

Answer 50

fixed term tenancies not exceeding 12 months are not protected under the act provided that they do not contain a provision for renewal and provided the tenants occupation doesnt exceed 12 months. tenancies at will, whcih can be terminated at any time by either party are not protected.

Question 51

retirement of trustees

Answer 51

in the absence of a provision in the trust document s19 trusts of land and appointment of trustee act gives the beneficaries a power to appoint and or replace trustees. only applies if the beneficaries are of full age, capacity and taken together are absoltely entitled to the trust fund. if they are all in agreement they could validly serve a written direction for the solicitor to retire and directing the musician to appoint the uncle to replace the solicitor at the same time and to ensure there will be two trustees.

Question 52

joint accounts

Answer 52

money being held in oint accounts does not fall within the defintion of client account. as it isnt a client account, only limited elements of the sra rules apply. a solicitor entrusted with money is always under a duty to safeguard that money and keep a record of the bills.

Question 53

transferred malice - assault

Answer 53

the mens rea for assault is intention or recklessness as to the application of unlawful personal force. doctrine of transferred malice - ar and mr must relate to the same type of offences.

Question 54

excepted states

Answer 54

for the purpose of determinging whether an estate is an excepted estate - only the unused portion of a spouses nil rate band is added to the mans nil rate band. catergory 2 - aggregate gross value of the estate + the chargeable transfers in the seven years prior to death does not exceed 3 million and the net chargeable estate after deduction of liabilities and the spouse exemption does not exceed the nil rate band. catergory 3 non domiciled estate applies where the deceased was never domiciled or treated as domiciled in the uk and owned only limited assets.

Question 55

criminal codes

Answer 55

code c creates a right for the solicitor to inspect the custody record upon arrival at the police station at any time where the suspect is in custody. solicitor client and appropriate adult all have the right to inspect the custody record.

Question 56

recklessness

Answer 56

d must be aware of the risk but go on to take it unjustifiable risk

Question 57

iht property instalments

Answer 57

iht on property which does not qualify for the instalment option is due for payment 6 months after the end of the month of death or on application for the grant if earlier. where the property does qualify for the instalment option and the exectutors exercise that option none of the tax on the property is due until the expiry of the six month options.

Question 58

trustee duties

Answer 58

trustees should not put himself in positions where his own interest conflicted with the interests of the trust. irrelevant that other trustees consent. can seek consent from beneficaries or authorisatio from the court.

Question 59

adverse cases

Answer 59

where there is a conflict in duties between acting in the best interests of the client and the duty to act in a way that upholds the consitutional principle of the rule of law, and the proper admin of justice, the latter takes presedence. must draw the courts attention to relevant cases and statutory provisions of which they are aware and which are likley to have a material impact on the outcome of the proceedings.

Question 60

co defendants - where will the case be heard

Answer 60

where the court is dealing with two or more defendants charged with the same offence, if one of the defendants elects trial in the crown court both defendants will be sent to the crown court.

Question 61

magistrates vs crown court

Answer 61

crown court has higher acquital rates. crown court - more time to be prepared

Question 62

youth court

Answer 62

where the juvenile has attained the age of 16 at the time of an alleged firearms defence - it must be sent to the crown court.

Question 63

criminal detentions

Answer 63

the custody clock as opposed to the review clock starts from the time the man arrives at the police station not from time of arrest. max period is 24 hours - cannot be extended for a summary only offence. must be reviewed within 6 hours.

Question 64

legal charges

Answer 64

must be registered within 21 days of its creation to ensure constructive notice of it is given to other creditors of the comapny.

Question 65

no case

Answer 65

if the prosecution have failed to put evidence forward to prove an essential element of the offence the defence are able to make a submission of no case to answer.

Question 66

roscoe v winder

Answer 66

if a trustee puts money into a bank account in after the bank account has sunk to nil, belongs to the trustee unless the trustee indicates that they are repairing the breach.

Question 67

criminal damage either way

Answer 67

less than 5,000 summary only. above either way.

Question 68

mortgages

Answer 68

are proprietary interest and are capable of being legal under s 11c of the lpa 1925. immaterial whether the bank has a right to occupy or not - still a proprietary interest

Question 69

contractural completion dates

Answer 69

as soon as the contractural completion date has passed the seller can serve a notice to complete making time of the essence. can only forfeit after the serve of the notice and only if the completion does nto take place on the new contractural completion date.

Question 70

suis generis use

Answer 70

sui generis use is a material change of use

Question 71

retrials

Answer 71

do the crown have the power to pursue a retrial? the crown must satisfy a two fold test: - an evidential test and an interests of justice test in order to apply to the court of appeal for the acquittal to be set aside. may be pursued in relation to the offences of murder, attempted murder, manslaughter, kidnapping, a range of sexual offences, various drugs offences and arson endangering life or property.

Question 72

compelling trustees - discretionary trusts

Answer 72

whilst beneficiaries and the court cannot ordinarily compel trustees to exercise discretionary powers in a particular way the court can intervene if the trustees exercise these powers improperly.

Question 73

legal aid contributions

Answer 73

if a defendant is granted legal aid, he will not be required to contribute towards his defence costs in the magistrates court, but may be made subject to a contributions order in the crown court. prosecution costs - if a defendant is convicted in either the magistrates court or in the crown court he is likley to be ordered to make a contribution towards the costs incurred by the prosecution. the procedure for deciding on the admissibility of disputed prosecution evidence is better for the defendant in the crown court than it is in the magistrates court.

Question 74

testamentary capacity

Answer 74

they must understand: 1. the nature of making a will and its effects 2. understand the extent of the property of which she is disposing 3. be able to comprehend and appreciate the claims to which she ought to give effect 34. have no disorder of the mind that perverts her sense of right or prevents the exercise of her natural faculties in disposing of the property by will.

Question 76

coaccused witnesses

Answer 76

although the general rule is that all persons are competent and compellable this rule is subject to exceptions: 1. in relation to an accused, who is neither a competent nor compellable witness for the prosecution. 1. where an accused is severed from their co accused by pleading guilty.

Question 77

character evidence

Answer 77

if the defendant has given a false impression about their character, the prosecution can for example use previous convictions to correct a false impression.

Question 78

equitable remedies for trust breach

Answer 78

beneficiaries from whom trust money has been stolen can generally asset the same claims against third parties. - dishonest assitant - was the act dishonest against the behaviour of their peers.

Question 79

parties to a lease

Answer 79

can specify in the lease conditions that will apply on assignment s19(1a) landlord and tenant act - these are automatically reasonable and if not complied with will allow the landlord to lawfully refuse consent.

Question 80

licence between landlord, tenant and undertenant.

Answer 80

in the license the landlord will give consent to the underletting.

Question 81

s32 trustee act - advancing capital early

Answer 81

must be to a beneficiary with an interest in capital must seek the conssent of anyone with a prior interest. it is at the discretion of the trustees - cannot be compelled. applies unless specifically excluded under the trust document

Question 82

s31 trustee act - maintenance

Answer 82

gives trustees the power to apply income for minor beneficiaries for their maintenance, benefit, or education. whether to exercise is discretionary but any amount so applied must be reasonable in all the circumstances.

Question 83

solicitor ethics - representing two criminal suspects

Answer 83

a solicitor must act in the best interest of the client -

Question 84

deducting superior title

Answer 84

under the standard commercial property conditions, extend to deducing the leasehold title. there is no obligation under the general law to deduce the superor freehold title

Question 85

trustees liability in relation to agents

Answer 85

trustees are not vicariously liable for the investment choices made by an agent. they are only liable if they have breached a duty when delegating such decisions.

Question 86

beneficiary not happy with the actions of the adminstrattors

Answer 86

passing over: the court has the power under s116 of the senior courts act to make an order passing over the executor beneficiary cannot remove an exectutor by serving notice. - purpose of a citation is to compel the executor to take out the grant. beneficiary cannot compel an executor to renounce.

Question 87

a contract for a lease

Answer 87

usually used when there s going to be a delay between agreeing the underlease and actually granting it but one or both of the parties want to other to be bound by the transaction. in this situation the delay is likley to arise becuase of the need to obtain the landlords consent - standard commercial property conditionsprovides for the underlease to be in the form annexed to the draft agreement.

Question 88

GBH

Answer 88

can include psychiatric injury if it is serious enough the ar is requires a breaking of both layers of the skin resulting in bleeding or really serious harm.

Question 89

headlease / freehold titles etc

Answer 89

the undertenants solicitor - if registered with absolute title - will not need to see the freehold title as the land registrar must have seen the freehold title when it was registered.

Question 90

loss of control

Answer 90

the test for loss of control is subjective - the defendant must actually lose control.

Question 91

promissory estoppel

Answer 91

equity can be established - if there was sufficient assurance from someone (active or passive) letting ssomeone believe that they will have an interest. rely on it to their detriment. act beyond love and affection.

Question 92

equitable trust remedies

Answer 92

dishonest assistant - liability requires more than just assitance and more than negligence, it requires dishonesty (to have not acted as an honest person would have in their circumstances in light of their knowledge skill and experience. it is an objective test.

Question 93

vat

Answer 93

can minus input tax from output tax when it accounts to hmrc.

Question 94

SA

Answer 94

- a firm of soclcitiors buys new office equipment - firm looses cash and gains an asset credit entry on the cash sheet and a debit entery on the office equipment account

Question 95

constructive trusts

Answer 95

in the absence of an express trust, the beneficial interests in a family home are commonly determined using a common intention constructive trurst.

Question 96

magistrates sentencing power

Answer 96

recently increased from 6 -12 months for EITHER WAY OFFENCES.

Question 97

appealing from magistrates to high court by way of case stated

Answer 97

within 21 days after the decision of the magistrates court was given

Question 98

SDLT on the grant of a lease

Answer 98

potentially payable both on any premium charged by the landlord and the rent reserved by the lease where vat is chargeable because the landlord has opted to tax the property - sdlt is charged on the vat inclusive amounts. sdlt will only be payable above 150,000.

Question 99

open register rules - alows third parties to inspect registered titles

Answer 99

the general law allows an undertenant to call for the freehold title only when the headlease is unregistered and then only where the udeerlease is for a term of more than 8 years