SQE Legal Practice: Core Review Flashcards

Comprehensive vocabulary flashcards reviewing essential statutory rules, procedural steps, tests, and leading authorities across Criminal Law and Practice, Business Law and Practice, Dispute Resolution, and Property Practice and Land Law.

Formula of Criminal Liability

The core statutory and common law formula: $\text{actus reus} + \text{mens rea} - \text{defence} = \text{liability}$. The prosecution must prove every element beyond reasonable doubt so the tribunal is sure.

Oblique Intention (Woollin)

A form of intention where the result was not the defendant's direct aim or purpose, but the jury is entitled to find intention if the consequence was a virtual certainty of the defendant's action and the defendant appreciated that fact.

Cunningham Recklessness

The test for recklessness requiring that the defendant subjectively foresaw a risk of the harm occurring and went on to take it unreasonably in the circumstances known to them. Failing to advert to the risk at all does not suffice.

Novus Actus Interveniens: Thin Skull Rule (Hayward; Blaue)

The principle that a defendant must take their victim as they find them; any pre-existing physical vulnerability or religious belief of the victim that exacerbates injury or leads to death does not break the chain of legal causation.

Novus Actus Interveniens: Negligent Medical Treatment (Cheshire; Malcherek)

Medical negligence breaks the chain of legal causation only if it is so independent of the defendant's act and so potent in causing death that the defendant's contribution is rendered insignificant; switching off life support does not break the chain.

Accessory Liability Mens Rea (Jogee)

Under s8 of the Accessories and Abettors Act 1861 as interpreted in Jogee [2016], D2 must intend to assist or encourage D1 in committing the offence, possessing knowledge of the essential facts; foresight that D1 might commit the offence is merely evidence of intent, not intent itself.

Section 47 Actual Bodily Harm (ABH)

An either-way, basic intent offence consisting of an assault or battery causing hurt or injury calculated to interfere with the health or comfort of the victim that is more than transient or trifling (including cutting hair, brief unconsciousness, or recognised psychiatric injury). Foresight of actual injury is not required (Savage).

Section 20 vs Section 18 Offences Against the Person Act 1861

Section 20 is an either-way, basic intent offence requiring malicious wounding or infliction of grievous bodily harm with foresight of some harm; Section 18 is an indictable-only, specific intent offence requiring wounding or causing grievous bodily harm with the specific intent to cause grievous bodily harm or resist arrest.

Diminished Responsibility (s2 Homicide Act 1957)

A partial defence reducing murder to voluntary manslaughter where an abnormality of mental functioning arising from a recognised medical condition substantially impairs the defendant's ability to understand the nature of their conduct, form a rational judgment, or exercise self-control. The burden is on the defence on the balance of probabilities.

Loss of Control (ss54–55 Coroners and Justice Act 2009)

A partial defence reducing murder to voluntary manslaughter requiring: a loss of self-control; caused by a qualifying trigger (fear of serious violence or things said/done of an extremely grave character causing a justifiable sense of being seriously wronged); where a person of the defendant's sex and age with normal tolerance might have reacted similarly. Sexual infidelity alone is excluded as a trigger.

Gross Negligence Manslaughter (Adomako; Rose)

An involuntary manslaughter offence established where: (1) D owes a duty of care; (2) D breaches that duty; (3) there is a serious and obvious risk of death objectively foreseeable at the time of breach; (4) the breach causes death; and (5) the breach is so exceptionally bad as to be criminal.

Theft (s1 Theft Act 1968)

The dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. Shop theft of $£200$ or less is summary-only unless the defendant elects Crown Court trial.

Test for Dishonesty (Ivey; Barton and Booth)

The two-stage objective test: (1) what was the defendant's actual knowledge or belief as to the facts; and (2) in the context of those facts, was the defendant's conduct dishonest according to the standards of ordinary decent people?

Robbery (s8 Theft Act 1968)

An indictable-only offence committed when a person steals and, immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. A genuine claim of right defeats theft and therefore defeats robbery (Robinson).

Burglary Under s9(1)(a) vs s9(1)(b) Theft Act 1968

Under s9(1)(a), D enters a building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful damage; under s9(1)(b), having already entered as a trespasser, D steals, attempts to steal, inflicts GBH, or attempts to inflict GBH.

Majewski Rule on Voluntary Intoxication

Voluntary intoxication cannot provide a defence to basic intent offences, because the self-induced intoxication supplies the requisite recklessness (DPP v Majewski); it provides a defence to specific intent offences only if it prevents the defendant from forming the necessary specific intent.

Self-Defence: Householder Provision (s76(5A) CJIA 2008)

In householder defence cases, force used by a defendant defending against an intruder in a dwelling is reasonable unless it is grossly disproportionate. Merely disproportionate force may be reasonable depending on the circumstances (Ray).

Detention Clock Under PACE 1984

Detention without charge runs from the relevant time up to $24\text{ hours}$ authorised by a custody officer (s41), extendable to $36\text{ hours}$ by a superintendent for an indictable offence (s42), and up to $72\text{ hours}$ then a maximum of $96\text{ hours}$ by magistrates' court warrants of further detention (ss43–44).

Confessions: Section 76 PACE 1984

Prosecution evidence of a confession must be excluded under s76(2) if obtained by oppression (torture, inhuman treatment, or wrongful harsh exercise of authority, Fulling) or in consequence of anything said or done likely to render it unreliable, unless the prosecution disproves these grounds beyond reasonable doubt.

Exclusion of Evidence Under s78 PACE 1984

Discretionary power of the court to exclude prosecution evidence where its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted, typically invoked for significant and substantial breaches of PACE or the Codes of Practice.

Turnbull Guidelines (ADVOKATE)

Judicial directions required whenever a criminal case substantially depends on contested visual identification, requiring the jury to assess: Amount of time; Distance; Visibility; Obstruction; Known before; Any reason to remember; Time lapse; and Errors or discrepancies.

Defendant's Bad Character Gateways (s101(1) CJA 2003)

The seven statutory gateways permitting evidence of a defendant's misconduct: (a) agreement; (b) adduced by D; (c) important explanatory evidence; (d) matter in issue (propensity); (e) co-defendant dispute; (f) correcting false impressions; and (g) attack on another person's character.

Galbraith Test

The standard for a submission of no case to answer at trial: the judge must stop the case if (1) there is no evidence that the defendant committed the crime; or (2) the prosecution evidence taken at its highest is such that a properly directed jury could not properly convict on it.

Newton Hearing

A hearing held before a judge alone where a defendant enters a guilty plea but disputes factual assertions that would materially affect the sentence. The prosecution must prove its version of disputed facts beyond reasonable doubt.

Separate Legal Personality (Salomon v Salomon)

The fundamental corporate principle that an incorporated company is a separate legal entity distinct from its members, owning its own assets, contracting in its own name, and bearing sole liability for its debts.

Public Limited Company (plc) Statutory Requirements

A public company requires at least $2$ directors, a qualified company secretary (ss271, 273 CA 2006), a minimum allotted share capital of $£50,000$ with at least one-quarter of the nominal value paid up plus any premium (s763), and a trading certificate before trading or borrowing (s761).

Partnership Act 1890 Default Rules (s24)

In the absence of an agreement: profits and losses are shared equally; partners are not entitled to remuneration; no interest is payable on capital; advances beyond agreed capital earn $5\%$ interest; every partner may manage; no partner can be expelled by majority; and new partners require unanimous consent.

Section 172 Companies Act 2006

The director's statutory general duty to act in good faith to promote the success of the company for the benefit of its members as a whole, having regard to long-term consequences, employees, business relationships, and community impact. When insolvency is probable, the interests of creditors become paramount (BTI v Sequana).

Section 168 Removal of a Director

A mandatory statutory mechanism permitting shareholders to remove a director before the expiration of their term by ordinary resolution at a general meeting, requiring special notice of $28\text{ days}$ given to the company (s312 CA 2006). Written resolutions cannot be used.

Substantial Property Transaction (s190 CA 2006)

An acquisition or disposal of a non-cash asset exceeding $£100,000$, or exceeding $10\%$ of the company's net assets and more than $£5,000$, between a company and a director (or connected person), requiring prior approval by ordinary resolution of shareholders.

Authority to Allot Shares (ss550, 551 CA 2006)

Directors of a private company with only one class of shares have automatic statutory authority to allot shares of that class under s550 unless restricted; otherwise, specific authority must be granted by the articles or an ordinary resolution under s551, valid for up to $5\text{ years}$.

Pre-Emption Rights on Share Allotment (s561 CA 2006)

The statutory requirement that equity shares issued for cash must first be offered to existing shareholders on a pro rata basis with at least $14\text{ days}$ to accept, unless disapplied by a special resolution or provisions in the articles under ss569–571 CA 2006.

Floating Charge (Re Spectrum Plus)

A security interest over a fluctuating class of present and future assets which the company may deal with in the ordinary course of business until crystallisation. The true legal nature is determined by whether the lender exercises control over the asset, irrespective of the label used.

Prescribed Part (s176A Insolvency Act 1986)

A ring-fenced portion of realisations from assets subject to a floating charge reserved for unsecured creditors, calculated as $50\%$ of the first $£10,000$ plus $20\%$ of the remainder, capped at a maximum of $£800,000$.

Wrongful Trading (s214 Insolvency Act 1986)

Personal liability imposed on a director who knew or ought to have concluded that there was no reasonable prospect of avoiding insolvent liquidation or administration, and subsequently failed to take every step possible to minimise potential losses to creditors.

Transaction at an Undervalue (s238 Insolvency Act 1986)

A corporate disposition made as a gift or for consideration significantly less than market value within $2\text{ years}$ prior to the onset of insolvency, challenging transactions where the company was insolvent at the time or became insolvent as a result.

Business Asset Disposal Relief (BADR)

A Capital Gains Tax relief for disposals of trading businesses, partnership interests, or shares in a personal trading company (holding at least $5\%$ of shares and votes) held for at least $2\text{ years}$, subject to a lifetime gains cap of $£1\text{ million}$.

Consideration: Practical Benefit Exception (Williams v Roffey)

Performance of an existing contractual obligation owed to the promisor can constitute valid consideration if the promise to pay extra was made without economic duress and confers an objective practical commercial benefit on the promisor.

Rule in Pinnel's Case / Foakes v Beer

Part payment of an undisputed liquidated debt on the due date does not discharge the entire debt, unless supported by fresh consideration such as early payment, payment at a different location, or provision of a different chattel.

Contracts (Rights of Third Parties) Act 1999 (s1)

Statute conferring an enforceable right on a non-party to a contract if the agreement expressly provides for it, or if a term purports to confer a benefit on them, provided the parties did not intend to deny enforceability. The third party must be identified by name, class, or description.

UCTA 1977 Negligence Restrictions (s2)

Section 2(1) renders terms or notices attempting to exclude or restrict business liability for death or personal injury resulting from negligence completely void; exclusions for other loss or damage resulting from negligence are subject to the s11 reasonableness test.

Section 2(1) Misrepresentation Act 1967

Statutory liability for pre-contractual negligent misstatement allowing the claimant to recover damages assessed on the fraudulent tortious measure (all direct losses, Royscot) unless the defendant proves they had reasonable grounds to believe, and did believe up to contracting, that the statement was true.

Remoteness of Contract Damages (Hadley v Baxendale)

Losses caused by a breach of contract are recoverable only if they arise naturally according to the usual course of things (limb 1), or were in the reasonable contemplation of both parties at the time of contracting as the probable result of the breach due to special knowledge (limb 2).

Secondary Victims of Psychiatric Harm (Alcock Criteria)

A secondary victim claiming pure psychiatric illness must prove: a close tie of love and affection with the primary victim; proximity in time and space to the accident or its immediate aftermath; direct perception of the external traumatic event with their own unaided senses; and a recognized psychiatric illness.

Qualified One-Way Costs Shifting (QOCS)

A CPR regime applicable to personal injury claims where an unsuccessful claimant is generally protected from paying the defendant's costs, unless the claim is struck out, found fundamentally dishonest, or orders are enforced up to the amount of damages recovered.

Primary Limitation Periods (Limitation Act 1980)

Contract and non-personal injury tort actions have a limitation period of $6\text{ years}$ ($12\text{ years}$ for deeds); personal injury actions have $3\text{ years}$ from the date of injury or knowledge (s11); and CPA 1987 claims have $3\text{ years}$ subject to a $10\text{-year}$ long-stop.

Civil Claim Defence Deadlines (CPR 15.4)

The defence must be filed within $14\text{ days}$ after service of the particulars of claim, extended to $28\text{ days}$ if an acknowledgment of service is filed. Parties may agree to extend this by up to a further $28\text{ days}$ under CPR 15.5.

Denton Test for Relief from Sanctions (CPR 3.9)

The three-stage test applied when seeking relief from procedural default: (1) assess the seriousness and significance of the breach; (2) consider why the default occurred; and (3) evaluate all the circumstances of the case to deal justly with the application, giving weight to efficiency and compliance.

Part 36 Offer Consequences on Judgment (CPR 36.17)

If a claimant equals or beats its own Part 36 offer, the court orders: interest on damages up to $10\%$ above base rate; indemnity costs from expiry; interest on those costs up to $10\%$ above base rate; and an additional statutory amount of $10\%$ of damages up to $£500,000$ plus $5\%$ above, capped at $£75,000$.

Overriding Interests (Schedule 3 LRA 2002)

Unregistered legal and equitable interests that bind a purchaser of registered land for valuable consideration without appearing on the register, notably legal leases of $7\text{ years}$ or less, interests of persons in actual occupation, and certain implied legal easements.

Overreaching (City of London BS v Flegg)

The statutory process under LPA 1925 whereby equitable interests of trust beneficiaries are detached from the land and transferred to the purchase money, provided capital proceeds are paid to at least two trustees or a trust corporation.

Characteristics of an Easement (Re Ellenborough Park)

The four legal criteria essential for an easement: (1) there must be a dominant and servient tenement; (2) the easement must accommodate (benefit) the dominant land; (3) the dominant and servient owners must be different persons; and (4) the right must be capable of forming the subject matter of a grant.

Running of Restrictive Covenants in Equity (Tulk v Moxhay)

The burden of a freehold covenant runs with the servient land in equity only if: (1) the covenant is restrictive (negative) in nature; (2) it protects and benefits land retained by the covenantee; (3) it was intended to run with the land (s79 LPA 1925); and (4) it is registered (by notice in registered land, or D(ii) land charge in unregistered land).

Exercisable Power of Sale Under a Mortgage (s103 LPA 1925)

A mortgagee's implied statutory power of sale arises once the legal redemption date passes, but becomes exercisable only when: (1) notice to pay has been served and $3\text{ months}$ have elapsed without payment; (2) interest is in arrears for at least $2\text{ months}$; or (3) there is a breach of another mortgage covenant.

Etridge Guidance

Core procedural steps required of lenders and solicitors where a person guarantees a third party's debt (e.g., a spouse's business loan): the solicitor must hold a face-to-face meeting with the guarantor without the borrower present, explaining the full financial risks and obtaining independent informed consent.

Formalities for Contracts for the Sale of Land (s2 LP(MP)A 1989)

A contract for the sale or disposition of an interest in land is void unless it is in writing, incorporates all terms expressly agreed in one document (or identical exchanged parts), and is signed by or on behalf of each party.

Notice to Complete (Standard Conditions of Sale 6.8)

A formal notice served after the agreed completion date by a party ready, able, and willing to complete, making time of the essence and giving the defaulting party $10\text{ working days}$ (excluding day of service) to complete before rescission and forfeiture of the deposit.

Priority Searches: Form OS1 / OS2

Official Land Registry pre-completion searches of whole (OS1) or part (OS2) of a registered title that confer a $30\text{ working days}$ priority protection period during which any subsequently lodged adverse applications are postponed to the buyer's transfer and charge.

Security of Tenure (s23 Landlord and Tenant Act 1954)

Statutory protection applying to tenancies occupied by the tenant for the purposes of a business, causing the tenancy to continue automatically beyond its contractual expiry date under s24 until terminated in accordance with the statutory procedure.

Contracting Out of Part II LTA 1954

The formal procedure to exclude business security of tenure before entering a lease: the landlord serves a statutory warning notice, followed by the tenant executing a simple declaration (if served at least $14\text{ days}$ before commitment) or a statutory declaration (if served less than $14\text{ days}$ before).