Revise Sqe Incorrect Answers

Question 1

Q1 what will the courts do for refusing to attempt mediation

Answer 1

Impose a costs sanction by ordering them to pay thier own legal costs and a percentage of other party

Question 2

Q3 freelance solicitors can they undertake reserved legal activities

Answer 2

Only if they do so through an authorised body or their business is authorised

Question 3

Q10 mesothelioma when can a person recover damages

Answer 3

From all responsible- jointly and severally

Question 4

Factual causation v legal causation

Both crime and civil

Question 5

Q21 test for establishing PII

Answer 5

Must be adequate and appropriate looking at the factors

Question 6

Q22 when can a judge refer to HANSARD

Answer 6

where material from H contains clear statements that were made by a Minister regarding the scope of the relevant statute

Question 7

Q22 ate academic writings allowed to be used as external extrinsic interpretation

Answer 7

Yes ONLY if the meaning of the statutory provision is ambiguous or lacks clarity

Question 8

Q26 where the governing law is E&W as tort occurred here if the D lives outside of E&W where can the C hold jurisdiction

Answer 8

In either E&W or outside jurisdiction if the D is resident there

Question 9

Q27 what are not devolved matter

Answer 9

Youth justice
Health
Education

Question 10

Q28 FAA what can be claimed

Answer 10

Civil partner/spouses
Children

As long as the dec’d provided for them financially

Question 11

Q29 corporation tax what is/is not included

Question 12

Q32 what is the rule needed in order to be classed as a preference on insolvency

Answer 12

The recipient must be placed in a better position as a result of the payment AND a desire to prefer this creditor over others (unless party is a CP)

Question 13

Q32 time period for insolvency

Answer 13

6 months preferences

2 years connected persons

Question 14

Q33 do companies have a higher status than LLPs

Answer 14

Yes companies have a higher perceived status than an LLP and is more widely recognised worldwide which would attract international business

Question 15

Q39 High court figures to start a case

Answer 15

PI complex over £50k - HC

Other cases over £100k HC

Question 16

Q40 who does a solicitor have a duty to report ML concerns to

Answer 16

Nominated officer who then has a duty to report to NCA

Question 17

Will disclosing a ML concerns to a nominated officer discharge a Sils duty

Answer 17

Likely to yes

Question 18

Is a solicitors duty to make a SAR

Answer 18

No it rests with the MLRO

Question 19

Q41 definition of EU retained law

Answer 19

Any EU law in effect on exit day and not in effect on completion day

ED 31 01 2020
CD 3112 2020

Question 20

Q20 is courts permissions required to appeal an arbitrations decision

Answer 20

Yes/No

Question 21

Q42 mistake F2F void or voidable

Answer 21

Void

Question 22

A contract which is voidable is what

Answer 22

Still binding until steps taken to set aside

Question 23

A contract VOID is what

Answer 23

Was never a contract to begin with so a chain would have to claim accordingly

Question 24

Q43 breaches of confidentiality should be reported to whom

Answer 24

Firms COLP

Reporting to a senior/employee will not discharge their duty

Question 25

Q46 puré economic loss rules

Question 26

Deemed date of service

Answer 26

The general principle for service within the UK is that a claim form is deemed served on the second business day after completion of the relevant step for service. * First Class Post, Document Exchange (DX), or other next-day delivery service: * Relevant step: Posting, leaving with, delivering to, or collection by the relevant service provider. * Deemed date of service: The second business day after the day the relevant step was taken. * Example: If you post a claim form by first-class post on a Monday, it's deemed served on Wednesday (assuming Tuesday and Wednesday are business days). If you post it on a Friday, it's deemed served on Tuesday (assuming Monday and Tuesday are business days). * Personal Service: * Relevant step: Leaving the claim form with the individual (or a senior person for a company/corporation). * Deemed date of service: The second business day after the day the relevant step was taken. * Delivering the document to or leaving it at a permitted address: * Relevant step: Delivering the document to or leaving it at the permitted address. * Deemed date of service: * If delivered/left on a business day before 4:30 pm: That day. * If delivered/left on a business day after 4:30 pm: The next business day. * If delivered/left on a non-business day: The next business day. * Fax: * Relevant step: Completing the transmission of the fax. * Deemed date of service: * If transmission completed on a business day before 4:30 pm: That day. * If transmission completed on a business day after 4:30 pm: The next business day. * If transmission completed on a non-business day: The next business day. * Other Electronic Method (e.g., Email): * Relevant step: Sending the email or other electronic transmission. * Deemed date of service: * If sent on a business day before 4:30 pm: That day. * If sent on a business day after 4:30 pm: The next business day. * If sent on a non-business day: The next business day.

Question 27

Deemed date of service for claim form

Answer 27

Key Points: * "Business day" means any day other than a Saturday, Sunday, Bank Holiday, or any other day that the Civil Procedure Rules state is not a business day. * Time Limit for Service: A claim form must be served within four months of its issue date if served within the jurisdiction (or six months if served out of the jurisdiction). This is about when the "relevant step" is taken, not necessarily when it is deemed served. * Purpose of Deemed Service: The deemed date of service provides certainty for the calculation of subsequent deadlines, such as the time for filing an acknowledgement of service or a defence. * Proof of Service: It's vital to keep a record of when you took the "relevant step" for service, as you will need to prove service if it's disputed.

Question 28

To set aside judgement what is the two discretionary grounds

Answer 28

Show a reasonable prospect of success OR Good reason why it did not respond

Question 29

Primary v secondary victims

Question 30

When can the leapfrog procedure be used

Answer 30

Expedite appeal cases concerning points of law of general public importance where there is a good reason to refer directly to the SC

Question 31

If suffering a serious health issue likely to constitute a good reason for using the leapfrog procedure is matter concerns a public important matter

Answer 31

Yes

Question 32

When will a SPT always arise

Answer 32

When a purchase is over 100k from a connected person

Question 33

How should a D deal with issues in his defence

Answer 33

Admit or deny all in sphere of knowledge Non admissions to remainder Deal with inconsistencies between any documents D should tell C he is required to prove the allegations subject to non admissions

Question 34

Has parliament permitted the EU to legislate for the Uk for limited purposes of the TCA (trade corporation agreement)

Answer 34

Yes but could withdraw this permission via an Act if it wishes

Question 35

Consent defence in RTA

Answer 35

Invalid