Can someone else bring proceedings as the claimant’s representative?
No
What must be filed at the registrar of companies following the adoption of new articles of association?
-The shareholder resolution
-The new articles
Where there is overlap between a prerogative power and a statute, which prevails?
The statute prevails
Can vicarious liability apply to criminal behaviour?
Yes
-If the employee’s act is sufficiently closely connected to his employment
Under the Equality Act, what must be done to ensure that the disabled employee is not placed at a substantial disadvantage compared to those who are not disabled?
Reasonable adjustments must be made for the disabled employee
When is a solicitor under an obligation to identify and verify the identity of a company’s shareholder?
If they own more than 25% of the shares in the company
Is a company under a duty to minimise its losses?
Yes
If a creditor agrees to accept less than the debtor owes, what must be provided in return?
Consideration must be provided in return
What is the literal rule?
Judges follow the plain, ordinary meaning of words
What is the golden rule?
Modifies the literal rule to avoid absurd interpretations
What is the purposive approach?
The courts look to see what the purpose of the law is
When is a security for costs application made?
Made by D if they are worried C will not be able to cover D’s costs if they lose
Are gifts and transfers between spouses exempt from capital gains tax?
Yes
Does a private company have to have a company secretary?
No
-The board can appoint one via board resolution and must inform Companies House within 14 days
What is Article 5 ECHR?
Requires that the state does not arrest or detain someone arbitrarily
Under FSMA, what is the specified act of arranging?
Includes arranging for an investment in shares in some way
When does an exclusion apply to the specified act of arranging?
If the solicitor merely introduced the client to an FCA-authorised 3rd party and has no further role to play
What is the notice requirement for a board meeting?
That reasonable notice is given
Can a board meeting be held remotely?
Yes
What must an offer be?
Clear and certain with an intention to be bound
What is victimisation?
Prohibited conduct (e.g. not employing someone for a job) based on their action
What is pre-action disclosure?
Disclosure before the claim form is issued and proceedings have not started
In private nuisance, when will the defence of prescription operate?
If the claimant has been affected by it for 20 years or more
What is the general principle in relation to a duty of care for an omission?
There is no duty of care from omission