Criminal Litigation (including advising clients at the police station)
Core principles of criminal liability
Specified criminal offences
↗ Criminal damage: simple criminal damage, aggravated criminal damage, arson
↗ Homicide: murder, voluntary manslaughter, involuntary manslaughter
↗ Fraud: by false representation, by abuse of position, by failing to disclose
Definition of the offence
General defences
Partial defences
Parties
Inchoate offences
Advising clients, including vulnerable clients, about the procedure and processes at the police station
Rights of a suspect being detained by the police for questioning
Identification procedures
Advising a client, including vulnerable clients, whether to answer police questions
Procedure for interviewing a suspect under PACE 1984
Dispute Resolution
The principles, procedures, and processes involved in dispute resolution
Different options for dispute resolution
Resolving a dispute through a civil claim
↗ Preliminary considerations: limitation, pre-action protocols
↗ Calculating limitation periods for claims in contract and tort
↗ Allocation of business between the High Court and the County Court
↗ Deemed dates of service and time limits for serving proceedings
↗ Acknowledging service and filing a defence and/or counterclaim
↗ Purpose, structure, and content of a reply, Part 20 claim, or defence to Part 20 claim
↗ Purpose, procedure, and evidence required for particular applications
↗ Case management directions for cases proceeding on the fast, intermediate, or multi-tracks
↗ Preparations for trial - Purpose of pre-trial checklists (listing questionnaires) and hearings
↗ The interpretation of contract terms (conditions, warranties, and innominate terms)
↗ Basic principles of restitution and unjust enrichment in the context of termination of contract
↗ Duty of care (standard (general and professional)) and breach
↗ Principles of remedies for personal injury and death claims
↗ Claims for pure economic loss arising from either a negligent act or misstatement
↗ Employers’ primary liability (operation and effect of the common law principles)
Property Practice
Core knowledge areas of freehold real estate law and practice
Pre-contract searches and enquiries
Investigation of a registered and unregistered freehold title
↗ Key elements and structure of freehold property transactions
↗ Process of analysing an epitome of title and deducing ownership
↗ Issues that could arise from an investigation of title and further action required
Finance
Acting for a lender
Preparation for and exchange of contracts
Pre-completion
Completion and post-completion
Remedies for delayed completion
Core knowledge areas of leasehold real estate law and practice
Structure and content of a lease
Procedural steps for the grant of a lease or underlease
Procedural steps for the assignment of a lease
Licence to assign and licence to underlet
Leasehold covenants
↗ Liability on covenants in leases – leases granted before 1 January 1996
↗ Liability on covenants in leases – leases granted on or after 1 January 1996
Remedies for breach of a leasehold covenant
Termination of a lease
Security of tenure under a business lease
Wills and Intestacy, Probate Administration and Practice
Wills and Intestacy
Validity of wills and codicils
Personal Representatives
Alterations and amendments to wills
Revocation of wills
The interpretation of wills
The intestacy rules
Property passing outside the estate
Probate and Administration Practice
Grants of representation
Administration of estates
↗ Liabilities of personal representatives and their protection
↗ The sale of assets to raise funds to pay funeral expenses, tax, debts, and legacies
Claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975
Taxation – wills and the administration of estates
Core principles of trust law
Creation and requirements of express trusts
↗ The three certainties of intention, subject matter and objects: Fixed interest trusts
↗ The three certainties of intention, subject matter and objects: Discretionary trusts
Beneficial entitlement
Resulting trusts
Trusts of the family home
Liability of strangers to the trust
The fiduciary relationship and its obligations
Trustees
↗ Who can be a trustee; appointment, removal, and retirement of trustees
↗ Trustees’ duty to invest (and powers in relation to investment)
Trustees’ liability
Business organisations, rules and procedures
Funding options: debt and equity
Debt and Equity
Types of security
Types of security
Distribution of profits and gains
Distribution of profits and gains
Ethics and Professional Conduct
The purpose, scope and content of the SRA Principles
SRA Code of Conduct for Solicitors, RELs and RFLs
SRA Code of Conduct for Firms
Financial records, information and accounting requirements
Financial records, information and accounting requirements
Rights, duties, and powers of directors and shareholders of companies
Rights, duties, and powers of directors and shareholders of companies
Company decision-making and meetings: procedural, disclosure and approval requirements
Company decision-making and meetings: procedural, disclosure and approval requirements
Documentary, record-keeping, statutory filing and disclosure requirements
Documentary, record-keeping, statutory filing and disclosure requirements
Appointment and removal of directors
Appointment and removal of directors
Minority shareholder protection
Minority shareholder protection
Procedures and authority under the Partnership Act 1890
Procedures and authority under the Partnership Act 1890
Common provisions in partnership agreements
Common provisions in partnership agreements
Options and procedures - CVA/IVA, bankruptcy, administration, fixed asset receivership, voluntary and compulsory liquidation
Options and procedures - CVA/IVA, bankruptcy, administration, fixed asset receivership, voluntary and compulsory liquidation
Claw-back of assets for creditors – preferences, transactions at an undervalue, fraudulent and wrongful trading, setting aside a floating charge
Claw-back of assets for creditors – preferences, transactions at an undervalue, fraudulent and wrongful trading, setting aside a floating charge
Order of priority for distribution to creditors
Order of priority for distribution to creditors
Income Tax
Income Tax
↗ Basis of charge (types of income/main reliefs and exemptions)
↗ The charge to tax: calculation of income tax in each of England and Wales and collection
Capital Gains Tax
Capital Gains Tax
↗ Chargeable persons/entities (sole traders, partners, and shareholders)
↗ Basis of charge (calculation of gains/allowable deductions/main reliefs and exemptions)
Corporation Tax
Corporation Tax
Value Added Tax
Value Added Tax
Inheritance Tax
Inheritance Tax
Purpose and scope of anti-money laundering legislation including the international context
Purpose and scope of anti-money laundering legislation including the international context
Circumstances encountered in the course of practice where suspicion of money laundering should be reported in accordance with the legislation
Circumstances encountered in the course of practice where suspicion of money laundering should be reported in accordance with the legislation
The appropriate person or body to whom suspicions should be reported, the appropriate time for such reports to be made, and the appropriate procedure to be followed
The appropriate person or body to whom suspicions should be reported, the appropriate time for such reports to be made, and the appropriate procedure to be followed
Direct involvement and non-direct involvement offences, and defences to those offences under Proceeds of Crime Act 2002
Direct involvement and non-direct involvement offences, and defences to those offences under Proceeds of Crime Act 2002
Due diligence requirements
Due diligence requirements
The financial services regulatory framework including authorisation, and how it applies to solicitors firms
The financial services regulatory framework including authorisation, and how it applies to solicitors firms
Recognition of relevant financial services issues, including the identification of specified investments, specified activities and relevant exemptions
Recognition of relevant financial services issues, including the identification of specified investments, specified activities and relevant exemptions
Application of the Financial Services and Markets Act 2000 and related secondary legislation to the work of a solicitor
Application of the Financial Services and Markets Act 2000 and related secondary legislation to the work of a solicitor