FLK 2 Mocks

Question 1

Can trusts be partly void for one of the 3 certainties?

Answer 1

Yes
- eg. successive trusts where not clear distinction of what is for life vs remainder man
- eg. district shares where one beneficiary is clear but another is not

Question 2

Difference between citation: 1. to take probate and 2. to accept or refuse grant?

Answer 2

1. Citation to take probate
   - when executor has lost right to renounce probate
2. Citation to Accept or Refuse Grant
   - used to clear of a person with prior right to any grant (inc. executor) who has NOT APPLIED and shows no intention

Question 3

Limit on adducing hearsay evidence due to witness not attending?

Answer 3

If there is no significant reason why then cannot attend
- such as wanting to go to work instead

Question 4

What penalty can HMRC impose for lost tax revenue?

Answer 4

1. If careless error
   - max of 30% of lost revenue as penalty (plus recover amount due)
   - can be lessened
2. Deliberate
   - up to 100% penalty

Question 5

Two people rob a shop by holding the person up at gun point? Only A is using gun whilst B takes the cash from the till? What can B be charged with?

Answer 5

Can be charged with robbery as have AR and MR even though not using the weapon themselves. (co-principles)

Question 6

What court are co-defendants tried?

Answer 6

Both together always at the court of the one with the most serious offence?
- so if one is charged with indictable only then both still go to crown court

Question 7

What is the tax point for VAT?

Answer 7

1. Generally when goods made available /service performed (goods dispatched or delivery date)
2. If goods paid for before that date then payment date used
3. If VAT invoice issued within 14 days after basic tax point then that date used

Question 8

VAT for buildings?

Answer 8

1. Commercial Buildings less then 3 years old
   - standard rated supplies
2. Commercial Buildings over 3 years old
   - exempted supplies
   - can have option to tax
3. Residential Buildings
   - exempted

Question 9

When can back use possession proceedings?

Answer 9

Only when power of sale is exercisable

MEANS
- After date to redeem AND EITHER
> interest payment more than 2 months in arrears
> written request for capital and not paid in 3 months
> there is breach of some other term of mortgage

Question 10

s. 9(1b) Burglary

Answer 10

AR
- enter building or part of building as trespasser

MR
- knowing or reckless as to being trespasser

Once entered
- steal // attempt to seal
- inflict GBH // attempt to commit GBH

Question 11

What is the BEST way to cheque for both business and client money?

Answer 11

Pay into client account promptly and then move business money to business account promptly (maybe 14 days)

NOT splitting cheque as law firms done like this

Question 12

What to do if acting for buyer of house who suspects there is a non owning occupier (not on PIF)?

Answer 12

Ensure that non-owner signed contract of sale

Question 13

Courts power to exclude evidence obtained when police breached PACE?

Answer 13

MAY exclude if it would have an adverse effect on fairness of the proceedings
- generally if police breaches makes it unreliable

Question 14

When can fair dealing happen

Answer 14

Trustee
- pays full market price
- makes full disclosure

Question 15

What defences are available for attempted murder?

Answer 15

None

Question 16

Where does criminal prosecution begin for different types of offences?

Answer 16

ALWAYS Magistrates

Question 17

When is 3rd party to breach of trust liable?

Answer 17

If did not act as an honest person would under circumstance

Question 18

When does defendant have to disclose defence statements?

Answer 18

NOT at Magistrates

Yes at crown court

Question 19

Can you get consent for self dealing?

Answer 19

No - remains voidable by beneficiaries

Question 20

When can someone living abroad be considered a UK resident?

Answer 20

UK Resident for CGT purposes if you are working full time in the UK (even if not living in UK)

Question 21

If you fail to make declaration of trust in land what effect does this have?

Answer 21

1. Validity of trust
   - still valid provided you declaration is manifested
2. Enforceability
   - not enforceable as declaration not evidences

Question 22

What is best practice for transfer documents for land?

Answer 22

Should use an independent witness (best practice)
– otherwise HMLR may not accept it

Question 23

When will trustees be held to higher standard for duty of care (professional trustees)?

Answer 23

Either if:
- they have skills/experience relevant for managing a trust (lawyers); OR
- are being paid for role as trustee

Question 24

How must client money be held?

Answer 24

1. Generally in client account

UNLESS
- exception that permits them to pay into separate account to comply with other role
- for example into separate duty ship account to comply with deputyship role

Question 25

What should be done if client money is held in an account for a long time with no clear ongoing matters?

Answer 25

BREACH as not returned promptly as soon as there was no longer any proper reason to hold funds > must be held for legal services/further legal services required by client MUST - breach must be corrected promptly on discovery - must pay back balance to client AND all interest

Question 26

When is notice of severance deemed to be delivered/not delivered?

Answer 26

Deemed to be delivered if sent by registered post and NOT returned to sender undelivered

Question 27

What is the deadline of enforcement for no planning permission for change of use into single dwelling?

Answer 27

4 years

Question 28

When can you use confidential information on a clients case that you find? (if it would help them)

Answer 28

Need clients consent as otherwise might breach Duty of Confidentiality by using info

Question 29

What disclosure is required from defendant in criminal proceedings?

Answer 29

Crown and Magistrates - must supply list of proposed witnesses Failure - means that court and opposition can draw an adverse inference

Question 30

Can a defendant call witness not previously disclosed at trial?

Answer 30

Should - serve amended notice IF NOT - court and opposion can draw adverse inference

Question 31

What is the effect/rules of defence making application for disclosure from prosecution?

Answer 31

Prosecution must either: - be at hearing; OR - have 14 days to make representation

Question 32

Describe solicitors duty as to informing on price?

Answer 32

Must provide general stable of potnetional costs including hourly rates and expenses, without giving precise details Must continuable update

Question 33

Interest that must be paid on client money?

Answer 33

Firm must account to client for a fair sum of interest (unless written agreement of different arrangement) Exception - Money held in a SDDCA must pay client all interest earned in account - Money held in general client account firm should apply its interest policy to calculate fair sum in lieu of interest

Question 34

Effect of someone committing crime during suspension time of suspended sentence?

Answer 34

Court is required to activate suspended term in whole or party UNLESS it would be unjust

Question 35

What documents to check to identify whether planning permission has been obtained?

Answer 35

Local Land Charges Register even though this should be mentioned in the PIF

Question 36

What property is presumed to apply to term of a will?

Answer 36

Property at time of death - my book collection = all books at time of death EXCEPTION - can show contrary intention if mention specific object - eg. my book shelf = book shelf at time of execution

Question 37

Magistrates court process for allocation?

Answer 37

1. prosecution given opportunity to inform court on previous convictions 2. court gives prosecution and woman opportunity to make representations as to which type of trial is suitable 3. In making its decision court must consider adequacy of its sentencing power, representations or parties and allocation guidelines issued by Sentencing Council

Question 38

Wrongful mixture in bank account what happens if new money is deposited by trustee?

Answer 38

This is not recoverable as trust money UNLESS can prove this was intended to be repayment for trust funds spent

Question 39

Unlawfull act manslaughter?

Answer 39

Must be: - base offence that is unlawful - objectively dangerous; and - caused the death of the victim Must only prove - AR and MR of base offence

Question 40

Rules and process of bank reconciliation?

Answer 40

Every 5 weeks - checking bank statements for firms client AND business accounts against firms internal record - signed off by COF????

Question 41

What are SRA Rules for accounting records?

Answer 41

- must be stored securely - retained for at least 6 years

Question 42

What inference can court draw in general?

Answer 42

any inference that court deems proper

Question 43

Is oblique intent a form of MR?

Answer 43

Not really. More a way of finding MR for specific intent crimes

Question 44

Mortgages duties when selling land after exercising power to sell?

Answer 44

Duty to: - obtain true market value at time of sale - accurately advertising land Has discretion - of when and how to sell land

Question 45

What types of accounts can firm use for client money?

Answer 45

1. Joint account permitted in certain circumstance: - if solicitor is appointed as executor along with other executors not employed by firm 2. Can outsource management of money to 3rd party managed account - if it does not operate own client accounts - but money held in it is not client money 3. SDDCA

Question 46

What is requirements for separate designated deposit client account (SDDCA)?

Answer 46

This is an account that a firm may open for an individual client - separate from the general client account - designated in the name of an individual client - a deposit account which will earn more interest on the client's money than if it was held in the general account; - labelled as a 'client' account in accordance with Rule 3.2(b)

Question 47

Can a client submit multiple contract to multiple bidders when selling land? Effect on solicitor?

Answer 47

No this is a contract race Solicitor MUST cease to act as would breach requirement not to abuse position Action - should seek client consent to tell bidders of contract race - if no consent should cease to act (to not mislead or breach client confidentiality)

Question 48

Who can impose a referral order?

Answer 48

Only youth court and adult magistrates court NOT crown court

Question 49

What is a grave crime

Answer 49

One - that does not have term of imprisonment fixed by law but can be punished by imprisonment for at least 14 years for an adult offender over the age of 21

Question 50

Does loss of control need to be sudden?

Answer 50

NO

Question 51

What is the small estates procedure

Answer 51

Permits payment by relevant organisations to be made without grant where value of the asset is up to £5000 > at institutions discretion Applies to: - bank - Department of Work and Pensions - NS&I

Question 52

Payment of debts in insolvent estate?

Answer 52

1. property undisposed of 2. property gifted in residue 3. property specifically given for payment of debt 4. property charged with payment of debt 5. pecuniary legacy fund 6. property specifically gifted 7. property over which PR has general power

Question 53

When does review clock run after arrest?

Answer 53

Different to DETENTION clock Starts when D's detention is first authorised by custody officer - review must be taken at 6, 9 and 24 hours

Question 54

Requirements for someone to be charges as accomplice (joint enterprise)?

Answer 54

Mere presence not enough - must have knowledge of essential matters and intended to assist or encourage the man to commit the more serious offence IMPORTANT - no need for the person who did the act to be convicted - accomplice can still be