SQE2 Flashcards
1
Q
What would you call a Lord Chief Justice, Master of the Rolls, President or Chancellor?
A
My Lord or Lady
2
Q
What would you call a court of appeal judge?
A
My lord or lady
3
Q
What would you call a high court judge?
A
My lord or lady
4
Q
What would you call a high court master or an insolvency high court judge?
A
Judge
5
Q
What would you call a registrar?
A
Registrar
6
Q
What would you call a circuit judge including recorders?
A
You honour
7
Q
What would you call a district judge or a tribunal?
A
Judge
8
Q
What do you call magistrates?
A
Your worship or sir/madam
9
Q
Name the 8 sections in a will
A
Opening, revocation, appointments, non residuary gifts, residue, survivorship, admin provisions, attestation
10
Q
Which courts can increase sentence on appeal? (Crim)
A
Crown court.
11
Q
When can someone be arrested?
A
On reasonable grounds.
Name/address required
Prevent injury, loss of property, public indecency, obstruction to highway
Protect children and the vulnerable
For prompt investigation and questioning
Prevent hinder acne of prosecution
12
Q
When must custody reviews be done?
A
Every 6 hours from authorisation by an inspector. 9 hours after that.
13
Q
When can detention be extended?
A
Superintendent authorises and it is an indictable offence with reasonable grounds to secure or preserve evidence,
14
Q
When can legal advice be delayed?
A
Authorised by superintendent and it is an indictable offence with reasonable grounds to preserve or obtain evidence
15
Q
When can the right to inform someone of arrest be delayed?
A
By inspector, indictable offence with reasonable grounds to suspect hinderance, destruction of evidence etc.
16
Q
When will first hearing be held? (Crim)
A
14 days from charge if prosecution anticipates guilty plea in magistrates.
28 days if NG plea anticipated or is likely to be crown court.
17
Q
What is dealt with at first hearing?
A
Plea, bail, funding
18
Q
What summary and either way offences can be sent to crown court together?
A
Linked.
Assault, taking conveyance without permission , disqualified driving, crim dam.
19
Q
What summary and indictable offences can be sent to cc together?
A
Disqualification from driving, imprisonment
20
Q
When can a request for an indication of sentence be made?
A
If either way offence, at allocation
21
Q
When is hearsay admissible (Crim)?
A
- Statute - witness unavailable, business documents, interest of justice
- Common law - res gestae, confessions, experts, public knowledge, evidence of reputation, common enterprise
22
Q
What notice is required for hearsay? (Crim)
A
If mc, 20 business days from ng plea.
If cc, 10 business days.
Defendant must be as soon as practicable
23
Q
When can bad character evidence be submitted?
A
- Agreement between parties
- Adduced by D
- Important context
- Propensity
- Important matter between D and prosecution (usually co defendants)
- False impression correction
- Attacks other witness
24
Q
When can the bad character of another be introduced?
A
- Important explanatory evidence
- Probative value
- Agreement between parties
25
What is s24 LTA 1954?
Security of tenure for commercial tenants
26
What is s25 LTA?
LL serving notice on tenant of end of tenancy. Must be served 12-6 months prior to end of tenancy
27
What is s26 LTA?
Tenant requesting renewal of lease. Use serve on landlord 12 - 6 months prior to end of lease. LL has 2 months to respond.
28
What is s 27 LTA?
T serving 3 month notice to terminate on LL.
29
What are the statutes allowing interest (civil) for specified claims? And unspecified wording?
S35A Senior Courts Act 1981
S69 County Courts Act 1984
Late Payment of Commercial Debts (Interest) Act 1998 - 8%
The claimant claims interest under the relevant act on the amount found to be due to the claimant for such sum and period as the court thinks fit.
30
What percentage interest is due on PI claims?
2% only for general damages.
Half the special account rate for special damages
31
What happens pre contract ? 3
Pre contract package submitted by seller’s solicitor including draft contract and evidence of title.
Buyer solicitor submit enquiries and searches
Exchange
32
What happens pre completion? 2
Transfer deed executed
Buyer solicitor carries out pre completion searches
33
Name 9 possible special conditions to a contract
1. 2nd trustee appointment (overreaching)
2. Restrictive covenant insurance
3. Defect in title
4. Deposit of under 10%
5. Deposit held as agent not stakeholder
6. Vat
7. Removal of fixtures
8 indemnity covenant
9. Seller insures rather than buyer
34
What are the 4 requirements of a root of title?
1. Adequately describes land
2. be dated more than 15 years ago
3. Casts no doubt on seller’s title
R. Deals with both legal and beneficial title
35
What must be included in an epitome of title?
Power to sign, death certificate of co owner if necessary, or tagged deed and vacating receipt
36
What should not be included in an epitome of title?
Declarations of trust, expired leases, old searches, misc documents
37
What searches should always be made?
CON29, LLC1, CON29DW, desktop environmental search, chancel repair, index map (essential if unregistered land)
38
Name 8 clauses that should be included in a partnership agreement
1. Commencement and duration
2. Partnership name and place of business
3. Property
4. Capital profit and loss distribution
5. Drawings and salary
6. Accounts
7. Dissolution
8. Duties, powers and restrictions
39
What percentage of shareholders must require a written resolution?
5%
40
How can directors be appointed?
Ordinary resolution, or board resolution
41
How can a director be removed?
Ordinary resolution with 28 days special notice
42
When can a default judgment be set aside?
Mandatory - wrongly entered
Discretionary - real prospect of defence or some other good reason
43
On N1 how do you state the value of sum in dispute?
If specified, state the sum.
If unspecified,:
<10k
10-25k
25k +
Cannot say how much they expect to recover
If high court
100k +
50k for PI
44
When can you submit a part 18 request?
Reasonably necessary and proportionate for own case or understanding other case
No trivial matters
45
Name the 10 key clauses of a property contract
1. Address
2. Title plan or description of land
3. Registered proprietor or seller
4. Identity of buyer
5. Deposit and how it is held
6. Title guarantee
7. Completion date and time
8. Risk passing to buyer at exchange
9. Special conditions
10. Vat
46
What three steps should be carried out post completion?
1. Stamp duty (14 days to submit) on purchase price
2. Registration of any charges at companies house within 21 days
3. Application for registration within os1 priority period (30 working days)
47
What are the 6 key aspects of an fr1 lease?
1. T must keep property in full repair
2. LL will insure but can recover cost from T
3. Service charge
4. Costs in lifetime of lease are met by T
5, alienation is controlled
6. Upwards only rent review
48
What is the wording of limited title guarantee?
No incumberences and not aware that anyone has done so since last disposition of value
49
What is the wording of full title guarantee?
Free fro:m incumberences that seller does not know about and cannot reasonably know about
50
How are new shares allotted?
1. Check any cap on share (OR to remove if pre 06 act)
2. Check director authority to allot (s550 gives authority if single class of shares. S551 if not - requires OR)
3. If shares are equity securities then pre emption rights will need to be disapplied
Not an equity security if capped
4. If new class of share, amend AAs
5. Board resolution to allot
6. Admin (CH, registers)
51
How is a buyback of shares out of income carried out?
OR, with 15 days inspection right
52
How is buyback out of capital carried out?
Accounts of solvency required from auditor. Must place ads in gazette and national newspaper for 5 weeks.
SR is required for approval and OR for contract approval.
2 week window to buy back after approval.
53
What are the 4 fsma steps?
1. Are you in business
2. Is there a specified investment?
(Not land or national savings)
3. Is there a specified activity?
4. Is there an exclusion?
54
When must a budget be filed (civil)?
21 days before cmc
55
When must budget discussions and draft directions be filed (civil)?
7 days before cmc
56
When must a disclosure report be filed (civil)?
14 days before cmc
57
What happens if a party fails to file a budget?
Deemed to have only filed for court fees
58
What are the 4 requirements for an easement?
1. Dominant and servient land
2. Benefits dominant and is proximate
3. Prior diversity of occupation
4. Capable of being a deed
59
How are easements acquired?
1. Express (in writing by deed, for duration and registered) or equitable
2. Implied by necessity, common intent in or wheeldon v burrows
3. By prescription
60
What are the four requirements of wheeldon v burrows?
1. Prior to sale, a owner
2. Continuous and apparent
3. Necessary
4. In use at date of transfer
61
When is an easement binding on servient land?
If unregistered land, and easement is legal, it is binding.
If pre 1926, equity’s darling. Post is registration
Registered land, can be legal and expressly acquired OR overriding interest if known about, excessive within a year or obvious on reasonable inspection
62
When does the burden of a restrictive covenant pass in equity?
1. Negative
2. Touches and concerns land
3. Proximate
4. Intended to pass
5. Registered
63
When does the benefit of a restrictive covenant pass in equity?
1. Annexation
2. Assignment
3. Scheme
64
What is the legal test for se unity for costs?
1. Just to give the order - strength of case, ability to provide security, abuses of impecuniosity, property within jurisdiction, timing of application
2. statutory reasons; outside eu, impecunious company, making enforcement difficult
65
What are the grounds for adding or substituting a company outside the limitation period?
LP had to be current when proceedings started.
Mistake
Liability passed
Claim cannot properly be carried on
66
Is permission required to add remove or substitute a part?
Yes, unless the claim form has not been served
67
When is permission required for a part 20 counter claim?
If filed after defence.
68
When can amendments to a statement of case be made if filed and served?
With consent of all parties, or court permission
69
When can amendments be made to a statement of case if the limitation period has expired?
Correct mistake as to name of party, add or substitute claim on same facts, or alter capacity of party
70
What is s13 SGA?
Sale by description
71
What is s13(2) SGA?
Sale by sample
72
What is s14(2) SGA?
Satisfactory quality
73
What is s14(2b) SGA?
Fitness for purpose, appearance, defects, safety and durability
74
What is s15 SGA?
Sample in bulk
75
What is s4(2) sgsa?
Satisfactory quality
76
What is s4(5) sgsa?
Fitness for purpose
77
What is s5 sgsa?
Sample
78
What is s9 CFA 2015?
Quality
79
What is s10 cra?
Fitness for purpose
80
What is s13 cra?
Sample
81
What rights do you have under cra?
Right to reject within 30 days, right to repair or replacement within a reasonable time, right to a price reduction
82
When can a solicitor accept a gift?
If it is reasonable and proportionate and not substantial.
83
When can a solicitor accept a gift in a will?
If the testator has obtained independent legal advice
84
What is a derivative claim?
Shareholder can sue a company for the company due to a right of action not being exercised.
If due to negligence, breach of duty or breach of trust
85
What steps must be taken to bring a derivative claim? 2 stages
Stage 1: permission of court
Member must make prima facie case
Good faith
Unlikely to be ratified
Only someone acting in benefit of company would bring such a claim
Stage 2: criteria
Court must have particular regard to evidence and views of members not personal,y invested
86
What might an unfair prejudice claim be brought for?
Excessive director renumeration, director dealing with associated persons, non payment of dividends
Negligent mismanagement will only be unfair if released and or serious
Could be for legitimate expectation
87
What options are there for a bankrupt person?
IVA, negotiation, bankruptcy DRO
88
What are the steps on an Iva?
Debtor sets out statement of affairs
Nominee submits report to court of whether there is a reasonable prospect of Iva being approved by creditors
Debtor can apply for interim order
If creditor meeting called, 75% in value must approve Iva
Nominee becomes supervisor
Shortfall written off by creditors at end of Iva (3-5 years)
89
What options are available to an insolvent company?
Liquidation (compulsory, cvl, mvl)
Administration
Cva
Schemes of arrangement
Restructure
Moratorium
Informal agreements
90
What are the three reasons for administration?
Rescue as going concern, achieve better outcome for creditors or pay off one or more secured creditor
91
When can a qfch apply for administration?
Qualifying charge, enforceable and they have the power to appoint a receiver
92
On what grounds Cana civil appeal be made?
Wrong or unjust (procedural or other irregularity)
93
When can a civil appeal be applied for?
At lower court when decision made and or apply to higher court later (N161)
94
What is the time limit for a civil appeal?
21 days
95
What is the test for a first appeal at civil court?
Real prospect of success or some other compelling reason as to why
96
What is the test for a second appeal in a civil matter?
1. Real prospect of success AND important point of principle or practice; or
2. Other compelling reason
97
Is a stay automatic for civil appeals?
No
98
What are the routes for appeal? Civil
Cc district judge to cc circuit judge
Ccdj regarding companies act not insolvency to high court
Cccj to hcj
High court master to hcj
Hcj to COA
99
When can fresh evidence be introduced on appeal? Civil
Could not have been obtained with reasonable diligence for lower court, and important influence on result, and credible
100
How do you calculate the contract rate?
(((Purchase price less deposit) / 100) * CR) / 365
101
What % of shares required to call poll vote?
10%
102
How long does a landlord have to respond to a request to assign?
28 days
103
On who is the burden of proof to show that assignment was reasonably refused?
Landlord
104
Name 3 ways of strengthening a director position?
Weighted voting rights, long term service contract, shareholder agreement preventing removal
105
How many shareholders must agree to an early Gm? And plc?
90%. 95%
106
What percent of shareholders must request a written resolution?
5%
107
How long to you have to appeal a MC case? Crim
15 business days
108
On what grounds can you appeal conviction at MC?
Errors of fact or law
109
On what grounds can you appeal sentence at MC?
Manifestly excessive
110
On what grounds can you appeal from MC to HC?
Wrong in law or outside of jurisdiction
111
What is the process of filing an appeal from Mc to Cc?
File notice to court and cps
112
What is the process of appeal from mc to hc?
Write to clerk at mc with question of law in contest, mc then states a case for hc, statement of case goes to cps and defendant for checking, once agreed it is sent to appellant, appellant to lodge at hc and notify other party
113
Who must grant leave of appeal from cc to COA?
COA or trial judge
114
When can a conviction be appealed from cc to COA?
If unsafe. The only correct and reasonable verdict should have been guilty.
115
When can a sentence be appealed from cc to COA?
Wrong in law or principle, wrong in approach, unjust disparity or manifestly excessive
116
What is the time period for appealing from cc to COA?
28 days
117
When can cps appeal to the AG regarding sentence?
If unduly lenient and the offence is indictable. If either way offence, must be authorised by COA.
118
What is the process for a cc to COA appeal?
Notice and grounds served to registrar at COA, registrar obtains transcript and puts papers before a judge.
If appeal is granted, new evidence can be submitted if credible, admissible and there is an explanation for a failure to adduce previously.
If not granted, loss of time direction may be made.
119
What is the test for unfair prejudice?
1. Unfairness - overall background and apply objective test
2. Prejudice - tangible detriment to be shown by claimant
Can have legitimate expectation
120
What is the youth court procedure?
YC will consider if it is a grave crime. D enters plea. If there is a real prospect of 2+ years of imprisonment will be sent to Cc.
121
In insolvency what happens to the directors’ powers?
They lose their powers. If the insolvency is compulsory, they are terminated.
122
When can a floating charge be voidable for insolvency?
Automatically void if granted without fresh security to connected stakeholder in 2 years. 12 months if connected.
If unconnected, insolvency at the time does not need to be shown.n
123
When can a preference be voidable for insolvency?
If within 2 years for connected, 6 months if unconnected. Insolvency must be proven.
124
When can a transaction at an undervalue be voidable for the purposes of insolvency?n
W2years.
If connected, presumption of insolvency.
Defences v good faith to carry on business, and reasonable grounds to believe it would benefit company
125
What is ring fenced for unsecured lenders on insolvency?
50% of the first 10k relating to property subject to a floating charge.
20% of anything remaining.
Up to a maximum of £800k.
126
What is court route administration?
Court Satisfied company cannot pay debts.
Rescue as going concern, better result for creditors or to sell property for secured lenders.
Must notify qfch and anyone else entitled to appoint admins.
127
What is an out of court administration route for directors?
Serve notice on court, qfch and lenders entitled to appoint administrators.
File a statutory declaration that it is unable to pay debts and is not in liquidation.
128
What is an out of court administration route for qfch?
Qfch must notify any other qfch.
File at court a stametent that says they are qfch, enforceable fc, and application complies with schedule b1 of insolvency act.
129
Who must approve a cva?
75% or more in value of creditors and 50% non connected.
Secured creditors not bound unless they agree.
130
How long is a ciga moratorium?
Corporate insolvency and governance act.
20 business days but can be extended for another 20 by directors,
131
When can a company apply for a ciga moratorium?
Director statement made that is or will become unable to pay debts as they fall due and monitor states that moratorium would help rescue business as going concern.
Out of court route available unless active WUP or overseas company.
132
If it is personal insolvency, when can transactions at an undervalue be voidable?
Up to 5 years prior,.
Do not need to show insolvency unless more that 2 years prior.
If a connected person, there is a rebuttable presumption of insolvency.
133
If private insolvency, when can preferences be voidable?
12 months, 6 months.
If connected, rebuttable presumption of insolvency.
134
What is an Iva for a personal bankruptcy?
Debtor preps statement of affairs and applies for a moratorium once approved by insolvency practitioner. 14 day moratorium starts.
75% of value creditors must approve, 50% unconnected.
135
Before charge, there is no presumption of bail unless
Case is submitted to cps for charging decision, an officer is satisfied it is necessary and proportionate and an inspector authorises it.
Maximum 28 days but can be extended up to 3 months by a superintendent.
Court can grant a further 3 months in exceptional circumstances.
136
How many times can you appeal for bail?
Twice, and then you need new circumstances to appeal again.
137
There is a presumption of bail unless
Address of name is doubted
Believe person will fail to answer bail
Crime prevention
Detention necessary for sample
End personal injury or damage
For prevention of interference with investigation
Good for their protection
138
Time limit for a civil appeal and grounds
21 days
Real prospect of success or some other compelling reason
139
4 criteria for a search order
Extremely strong prima facie case, very SRs damages to claimant, clear evidence defendant has the items and may destroy them (real possibility), full and frank disclosure.n
140
Legal test for IMI
High degree of assurance c will win
141
Legal test for IPI
A serious question to be tried with some chance of success. Damages are not sufficient.
142
3 requirements for a freezing order
Good arguable case. Defendant owns assets in jurisdiction. Real risk defendant will dispose of it remove assets.
143
Which formulas to not allow electronic payment?
A and B
