QLTS quick recall

Frage	Antworten
Appeal from County Court District Judge. Where does it go?	Country Court Circuit Judge
Appeal from High Court Masters and Judges Where does it go?	High Court Judge
Appeal from a County Court Judge Where does it go?	High Court Judge
Appeal from a County Court Judge in a final decision in a multi-track claim. Where does it go?	Court of Appeal
Appeal from a County Court Judge in a matter which itself is an appeal from a County Court District Judge?	Court of Appeal
Appeal from a High Court Judge Where does it go?	Court of Appeal
Appeal from the Court of Appeal Where does it go?	Supreme Court
What is the general limit for small claims track cases?	10,000 GBP
What is the general limit for fast track claims?	between 10,000 and 25,000 GBP
What is the general lower limit for multi-track claims	25,000 GBP but also cases involving less where special complexity ---- cases of public importance test cases, med neg, right to jury
Which types of cases are exclusively within jurisdiction of the High Court?	applications for judicial review actions for libel or slander claims under the HRA 1998 "in respect of a judicial act"
Where should I bring a personal injury claim where I expect to recover less than 50,000 GBP?	County Court (must be commenced here)
Where are appeals from the High Court usually heard?	Court of Appeal BUT: leap frog from High Court to Supt Ct where: point of law of general importance; interpretation of statute where bound by CA/ HL precedent; trial judge grants certificate; Sup Ct grants permission
I reasonably expect to get more than 50k GBP from my personal injury claim? Where do I bring the claim?	High Court (you will need to file a certificate saying you reasonably expect to get more than 50k)
Where will judicial review lie against Magistrates exercising criminal jurisdiction?	1. exceeded their jurisdiction 2. acted in breach of natural justice 3. prima facie error of law on record
What is the limitation period for breach of trust?	6 years
What is the limitation period for breach of contract?	3 years
What is the limitation period for action concerning estates (adverse possession)?	12 years
What is the limitation period for fraud?	None
What is the max no of trustees for a trust?	4
What are the 3 scenarios in which an automatic resulting trust will arise?	1) no declaration of trust 2) failure of express trust 3) where purposes of trust completed but excess property left over
What is the time limit to bring a claim under the Human Rights Act 1998?	s 7(5) one year from date of act complained of but can be extended if "the court considers equitable in all the circumstances"
What is the tax year for income tax?	6th April to 5th April
What is the personal allowance for the 2015-16 tax year?	10,600 GBP
What is the tax rate for savings (interest)?	0% up to 5,000 GBP
What is the basic rate of income tax for the 2015-2016 year? (up to 31,785 GBP)	20%
What was the basic rate for tax in 2014-2015? (up to 31,865 GBP)?	20%
What was the personal allowance for the 2014-2015 tax year?	10,000 GBP
What thresholds and rates apply after the basic rate for 2015-2016?	31,786 - 150,000, 40% 150,000 +, 45%
What is the fiscal year for corporation tax purposes?	1st April - 31st March
Do corporations pay: income tax; or capital gains tax?	No
For 2015-2016, a single rate of corporation tax is applied. What is the rate?	20%
When is corporation tax payable for a large company?	quarterly basis (if you make more than 1.5 GBP/pa)
When is corporation tax payable for a company that makes less than 1.5 mil GBP/per year in taxable profits?	9 months and 1 day after the end of your accounting period (31 march)
When must a taxable person register for VAT?	supplies of over 82k GBP / year
When can a taxable person deregister for VAT?	if they make less than 80k/gbp per year in taxable supplies
When is VAT payable (due by businesses)?	One month after the end of the VAT period (period is usually quarterly)
What are the three rates of VAT?	standard - 20% reduced - 5% zero - 0%
What are two examples charged at the reduced rate?	domestic fuel children's car seats
What are zero rated items for VAT?	food, books, children's clothes
What supplies are totally exempt from the VAT system (no VAT is charged, no supply)	insurance education training fundraising events
What is the minimum share capital for a public limited company?	50,000 GBP (of which 12,500 must be paid up) (cannot trade until paid up requirements met)
Article 45(3) TFEU --- restrictions on freedom of movement what is a limitation on the right of states to restrict movement on "public policy" grounds?	State must show it has taken similar "genuine and effective measures" against its own nationals Adoui v Belgium (1982)
Article 45(3) -- freedom of movement for workers relevance of criminal convictions in exercising restrictions on public policy grounds what must a state show?	That any prior conviction: is evidence of personal conduct that amounts to a "present threat" Calta C-348/96
Article 45(3) Restrictions on movement What health restrictions apply to movement?	Only those diseases with "epidemic potential" (as defined by WHO) see Article 28, Directive 2004/38

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