Public Law / EU / Legal System

What does the term ‘stare decisis’ mean?

‘Stand by what has been decided’. It means binding precedent.

What is the primary objective of Article 8 ECHR?

To protect individuals against arbitrary interference in their private and family life, home and correspondence.

What governs the common law system in England and Wales?

The doctrine of precedent, which requires lower courts to follow decisions made by higher courts.

What are the two conditions for a court to follow precedent?

The earlier case must be decided by a binding court, and the relevant part of the earlier case must be binding.

What is the ratio decidendi?

The legal principle or rule on which a court's decision is based, binding on future cases with similar material facts.

What is an obiter dictum?

Comments in a judgment not necessary for the decision, which are persuasive but not binding.

What is the Practice Statement of 1966?

A declaration allowing the Supreme Court to depart from its own precedents to prevent rigidity or injustice.

What are the exceptions to the Court of Appeal following its own precedent?

Conflicting decisions, overruled by a higher court, or made per incuriam (ignorance of binding authority).

Which courts bind all inferior courts but can depart from their own decisions?

The Supreme Court.

Does Equity or Common Law prevail?

Equity

What remains the key distinction between common law and equity despite the fusion of courts?

Common law remedies are available as of right, while equitable remedies are discretionary.

What is specific performance?

A court order compelling a party to perform their contractual obligations.

It is unavailable for contracts requiring personal services or constant supervision.

What are the two types of injunctions?

Mandatory (requires action) and prohibitory (prevents action).

What is rescission?

The setting aside of a contract, restoring parties to their pre-contractual positions.

The main grounds are misrepresentation, mistake, duress, or undue influence.

What is rectification?

Correcting a written contract to reflect the true intention of the parties.

What is a declaration in equity?

A legally binding statement about legal rights, facts, or principles of law.

What is primary legislation?

Law passed by Parliament as Acts, after approval by both Houses and Royal Assent.

What is secondary legislation?

Law made under powers granted by a 'parent' Act, such as regulations or statutory instruments.

What are the two main types of Acts of Parliament?

Public Acts (general public concern) and Private Acts (specific people/places).

What is a Government Bill?

Draft legislation representing official government policy, often based on White Papers.

What is a Private Members' Bill?

A bill proposed by an individual MP, often with limited parliamentary time.

What are the key stages of the legislative process for a Bill?

• First reading,

• second reading,

• committee stage,

• report stage,

• third reading.

• Bill considered by second house

• Consideration of any amendments

• Royal Assent

• Act of Parliament

What is the Royal Assent?

Formal approval by the Monarch, required for a Bill to become law.

When does an Act of Parliament usually take effect?

Upon Royal Assent, unless a commencement section specifies otherwise.

What are the three traditional "rules" of statutory interpretation?

Literal rule, golden rule, and mischief rule.

What is the literal rule?

Words in a statute are given their plain, ordinary meaning, even if the outcome is unintended.

What is the golden rule?

Modifies the literal rule to avoid absurd or inconsistent results, as seen in Adler v George (1964).

What is the mischief rule?

Focuses on addressing the "mischief" the statute was intended to remedy, as outlined in Heydon's Case (1584).

What is the purposive approach?

Considers the broader purpose of legislation - wider than the mischief rule.

What does expressio unius est exclusio alterius mean?

The expression of one thing excludes others not mentioned. If an act expressly lists certain words / phrases this implies other words are excluded.

What does ejusdem generis mean?

General words following a list are interpreted as being of the same kind as the specific words

What does noscitur a sociis mean?

A word is interpreted by its context and associated words

What are EU regulations?

Regulations are directly applicable in all Member States without the need for national implementation measures.

What are EU directives?

Directives are binding as to the result to be achieved but leave Member States free to choose how to implement them in their national systems.

What is state liability in enforcing directives?

Individuals can claim compensation if a Member State's failure to implement a directive causes sufficiently serious harm.

Key difference between regulations and directives? (EU)

Regulations are directly applicable without national action, while directives require implementation by Member States.

What is an appeal 'de novo' from the Magistrates' Court?

A fresh trial heard in the Crown Court with all evidence re-examined.

What court hears appeals on points of law from the Magistrates' Court?

The Administrative Court in the King’s Bench Division.

What are the grounds for appealing a Crown Court conviction?

The conviction is "unsafe".

What is the role of the Judicial Committee of the Privy Council?

Final appeal court for UK overseas territories, Crown dependencies, and some Commonwealth countries.

What are tribunals?

Specialist judicial bodies handling administrative and regulatory cases, not criminal matters.

How many levels are in the tribunal system?

Two: First Tier Tribunal and Upper Tribunal.

What is the role of the First Tier Tribunal?

Hears initial appeals against government decisions; divided into seven chambers.

What is the role of the Upper Tribunal?

Hears appeals from the First Tier Tribunal; equivalent to the High Court.

Four chambers: Administrative Appeals, Tax and Chancery, Immigration and Asylum, and Lands.

What are the senior courts of England and Wales?

The Supreme Court, Court of Appeal, High Court, and Crown Court.

What divisions make up the High Court?

King’s Bench Division (KBD), Chancery Division, and Family Division.

How are High Court judges appointed?

By the monarch on the recommendation of the Lord Chancellor after a fair, open competition run by the Judicial Appointments Commission.

What are Masters in the High Court?

Procedural judges handling legal proceedings until they are ready for trial.

What is the jurisdiction of the King’s Bench Division?

Common law matters (e.g., contract disputes, tort claims) and some criminal jurisdiction via the Administrative Court.

What types of cases are heard in the Chancery Division?

Business, property, insolvency, and intellectual property cases, as well as equity law matters.

How is the Court of Appeal structured?

It has a Civil Division (headed by the Master of the Rolls) and a Criminal Division (headed by the Lord Chief Justice).

What is a 'leapfrog appeal'?

A procedure allowing a High Court judgment to be appealed directly to the Supreme Court, bypassing the Court of Appeal.

What do High Court judges use as their title?

"Mr/Mrs/Ms Justice [surname]" or "[surname] J" in writing.

How are judges addressed in each senior court?

• Supreme Court: Lord/Lady [Surname].

• Court of Appeal: Lord/Lady Justice [Surname] (written as [Surname] LJ).

• High Court: Mr/Mrs/Ms Justice [Surname] (written as [Surname] J).

• Masters (High Court): Master [Surname].

• Crown Court: Your Honour (Circuit Judges); Judge [Surname] (Recorders).

What is the merits test for civil legal aid?

It assesses if funding is reasonable, with representation requiring a 50%+ likelihood of success.

What are the roles of the legislature, executive, and judiciary in the UK?

• Legislature: Enacts, repeals, and amends laws (King in Parliament: House of Commons, House of Lords).

• Executive: Formulates and implements policy (Prime Minister, Cabinet, government departments, civil service, local councils).

• Judiciary: Enforces laws and adjudicates disputes between individuals and the state (judges at all levels).

What are the three branches of power in the UK?

The legislature (Parliament), the executive (government), and the judiciary (courts and tribunals).

What is the role of Parliament?

To make, amend, and repeal laws, debate and scrutinize legislation, propose amendments, hold the executive accountable, and oversee public expenditure and taxation.

What are the components of Parliament?

• The Sovereign (King-in-Parliament)

• The House of Commons (elected representatives)

• The House of Lords (appointed life peers, hereditary peers, and bishops).

What is the main function of the House of Lords?

To scrutinize and amend legislation passed by the House of Commons and act as a check on government power.

What is the significance of the Constitutional Reform Act 2005?

• Created the UK Supreme Court, ending the judicial role of the House of Lords.

• Reformed the office of Lord Chancellor.

• Established the Judicial Appointments Commission to ensure judicial independence.

What is the role of the executive?

To create and implement government policy through the Prime Minister, Cabinet, government departments, and local councils.

What is the role of the judiciary?

• Resolve disputes between individuals.

• Decide punishments in criminal cases.

• Conduct judicial review to determine the legality of government actions.

What mechanism challenges unlawful government actions?

Judicial review.

What are constitutional conventions?

Rules of constitutional practice regarded as binding in operation but not in law (Cabinet Manual, 2011).

Are constitutional conventions legally enforceable?

No, but courts may recognise and protect them.

Which case highlighted that conventions cannot create legally enforceable rules?

R (Miller) v Secretary of State for Exiting the EU [2017] – Sewel Convention lacks legal force despite its acknowledgment in the Scotland Act 2016.

What does the Salisbury-Addison convention state? (second readings)

The House of Lords should not block second readings of government bills implementing manifesto commitments.

What is the Sewel Convention?

Westminster Parliament will not legislate on devolved matters without devolved administration consent.

Who introduces financial bills?

A Cabinet minister in the House of Commons.

What happens after a no-confidence vote in the House of Commons?

The government resigns and advises the monarch to dissolve Parliament, leading to a general election.

What are the two conventions of ministerial responsibility?

Collective ministerial responsibility (CMR)

• Confidentiality of ministerial discussions.

• Ministers must publicly uphold Cabinet decisions or resign.

• Government must resign if it loses a vote of no confidence.

Individual ministerial responsibility (IMR).

What is the Ministerial Code?

A codified set of standards for ministerial conduct, reflecting the spirit of CMR and IMR.

What is the convention on parliamentary criticism of judges?

Parliament must not criticise judges' professional conduct.

Which one of the following statements is false?

• Clients can refer complaints about poor service from a solicitor to the Legal Ombudsman at any time.

• The Legal Services Board regulates all lawyers in England and Wales.

• The Solicitors Disciplinary Tribunal deals with serious breaches of the SRA’s rules and disciplines solicitors.

• The SRA sets the principles and codes of conduct that solicitors and lawyers regulated by the SRA must comply with.

Clients can refer complaints about poor service from a solicitor to the Legal Ombudsman at any time.

The right to refer a complaint to the Legal Ombudsman applies to individuals, small businesses, charities, clubs and trusts. It does not apply to larger companies. In addition the client should exhaust the law firm’s procedure before referring a complaint to the legal Ombudsman.

Which one of the following is not a power of the SRA?

• Commence disciplinary proceedings against a solicitor by the Solicitors Disciplinary Tribunal

• Impose a disciplinary sanction on a firm, for example a fine.

• Close down a law firm.

• Order a solicitor to repay or refund the whole of part of the costs to the client.

• Strike a solicitor off the roll.

Strike a solicitor off the roll.

This a power of the Solicitors Disciplinary Tribunal.

Which one of the following is not a power of the Solicitors Disciplinary Tribunal?

• Award compensation to a party that has suffered loss.

• Impose a restriction on the area in which a solicitor can practice.

• Reprimand a solicitor.

• Award costs against a party to proceedings.

• Impose a fine.

Award compensation to a party that has suffered loss.

You are acting for a client in relation to a dispute. You receive a defence from the individual on the other side which is badly drafted and contains numerous errors. You suspect that the individual does not have legal representation.

Which ONE of the following statements is CORRECT?

• You should contact the individual on the other side and suggest that they instruct a lawyer. Failing to do so puts you at risk of breaching CCS 1.1.

• The existence of errors in the other side’s defence is good news for your client. You should continue your client’s case as aggressively as you can in order to comply with Principle 7.

• You should contact the individual on the other side and suggest that they instruct a lawyer. Failing to do so puts you at risk of breaching CCS 1.2.

• The existence of errors in the other side’s defence is good news for your client. You should continue your client’s case as aggressively as you can in order to comply with Principle 3.

You should contact the individual on the other side and suggest that they instruct a lawyer. Failing to do so puts you at risk of breaching CCS 1.2.

Acting for your client where the individual on the other side does not have legal representation can be very challenging and puts you at risk of breaching CCS 1.2 ‘you do not abuse your position by taking unfair advantage of clients or others’.

What are the equality act protected characteristics? (9)

• • age

• • disability

• • gender reassignment

• • marriage and civil partnership

• • pregnancy and maternity

• • race

• • religion or belief

• • sex

• • sexual orientation

What are the four key types of unlawful discrimination under the Equality Act?

Direct discrimination: Treating someone less favorably because of a protected characteristic.

Indirect discrimination: Applying a policy or practice that disadvantages a group with a protected characteristic, unless it is objectively justified.

harassment: Unwanted conduct related to a protected characteristic that violates dignity or creates an offensive environment.

victimisation: Subjecting someone to detriment because they did or may do a protected act, like complaining of discrimination.

What is an undertaking?

“A statement, given orally or in writing, whether or not it includes the word “undertake” or “undertaking” to someone who reasonably places reliance on it, that you or a third party will do something or cause something to be done, or refrain from doing something”.

Any individual in a law firm can be found to have given an undertaking.

What is an introduction?

An arrangement where a third party introduces a client to a solicitor/firm in exchange for a payment.

Examples: Estate agents referring clients to a conveyancer for a fee; staff recommendation schemes.

What is a referral?

An arrangement where a solicitor/firm refers a client to a third party, potentially receiving payment.

A solicitor referring a client to a surveyor who pays the solicitor for each referral.

What are the 3 C’s?

The 3 Cs are customer due diligence, conflict check and client care letter

What are the two types of conflicts under CCS/CCF 6?

• Own interest conflict

• conflict of interest.

Define an "own interest conflict."

A situation where your duty to act in the best interests of a client conflicts, or there is a significant risk it may conflict, with your own interests in relation to that matter.

there are no exceptions to this.

Define a "conflict of interest."

A situation where your duties to act in the best interests of two or more clients in the same or related matters conflict.

What are the two exceptions to acting where there is a conflict of interest?

1) Substantially common interest (SCI): A situation where there is a clear common purpose between clients and a strong consensus on how it is to be achieved.

2) Competing for the same objective (CSO): Two or more clients competing for an asset, contract, or business opportunity, such that one client's success makes it unattainable for the others.

What three conditions must apply for the SCI or CSO exceptions to conflicts of interest?

1) Informed consent in writing,

2) Effective safeguards for confidential information

3) Reasonableness to act for all clients.

What is the Community Legal Service (CLS)?

CLS, formerly known as Legal Aid, provides public funds for individuals who cannot afford legal services. It is only available for specific types of civil work and criminal cases, based on eligibility criteria.

Civil CLS funding is generally available only for specific cases such as children/family disputes, homelessness, or domestic violence. It is rare for other civil claims to qualify.

What is the success fee in a CFA?

The success fee is an additional amount paid on top of the solicitor's normal fee if the case is won. In personal injury cases, this fee is capped at 25% of general damages.

What are Damages Based Agreements (DBAs)?

DBAs are another form of "no win, no fee" agreement where the solicitor receives a percentage of the damages awarded to the client. The maximum fee is capped at 25% in personal injury cases, 35% in employment cases, and 50% for other cases.

What are the two tests required to obtain public funding through a representation order? (Criminal)

The means test and the merits test (the ‘interests of justice’ test).

What is the threshold for eligibility for public funding under the means test in the magistrates’ court?

If the weighted gross annual income is below £12,475, the defendant is eligible; above £22,325, the defendant is ineligible; and between £12,475 and £22,325, a full means test is required.

What is required to pass the means test in the Crown Court?

The applicant’s income and capital are assessed, and after a £30,000 allowance for capital and equity, they may be required to contribute towards defence costs.

• Ineligible if income exceeds £37,500.

• Eligible without contribution if income is £3,398 or less.

• Eligible with contribution if income is between £3,399 and £37,499.99.

What is the main responsibility of a COLP?

The COLP is responsible for ensuring the firm complies with all terms and conditions of authorisation by the SRA and its statutory obligations, and for reporting any material failure to the SRA.

What is the role of the COFA?

The COFA ensures the firm complies with the SRA Accounts Rules 2019 and reports any serious breaches of those rules to the SRA promptly.

Can one individual serve as both the COLP and COFA?

Yes, it is possible for the same person to fulfil both roles, but this is typically seen in sole practitioners and small firms.

What criteria must be met for someone to be eligible as a COLP or COFA?

The individual must be a manager or employee of the firm, consent to the designation, not be disqualified from acting under the Legal Services Act 2007, and, for a COLP, must be authorised to carry on reserved legal activities by an approved regulator.

What is "judicial activism"?

When judges are accused of creating or developing law beyond their constitutional role.