2959990
Description
Flashcards by auguste3972, updated more than 1 year ago
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Created by auguste3972
over 9 years ago
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| Question | Answer |
| 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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