Criminal Litigation
What are the two stages of the CPS Full Code Test before charging a suspect?
(1) Evidential stage: Is there sufficient evidence for a realistic prospect of conviction? (2) Public interest stage: Is prosecution required in the public interest?
A client receives a Claim Form. What is the initial step they must take and in what timeframe?
File an Acknowledgment of Service within 14 days or a Defence within 14 days (or 28 if Acknowledgment is filed).
What form is used to transfer legal title in a registered land sale?
Form TR1.
A person dies intestate with no spouse but two children. Who inherits?
The two children, equally.
What is the name of the document that sets out the internal rules of a company?
Articles of Association.
A client has been charged with an either-way offence. What must the court determine at the first hearing?
Mode of Trial – whether the case is suitable for summary trial or should be sent to the Crown Court.
What are the three tracks a civil claim can be allocated to?
Small Claims, Fast Track, Multi-Track.
What is a title plan and why is it important?
A Land Registry plan that shows the property boundaries and confirms ownership.
What are the two main types of grants of representation?
Grant of Probate (will), Letters of Administration (intestacy).
Who can appoint and remove directors in a private company?
Usually the shareholders by ordinary resolution (unless otherwise stated in the Articles).
A defendant pleads guilty at the first hearing. What sentencing discount can they expect?
Up to one-third reduction.
Your client wants to settle but avoid adverse costs. What should you advise?
Make a Part 36 Offer – it protects against costs and encourages early settlement.
Your buyer client is concerned about flooding. What search should you carry out?
Environmental Search.
What is the legal effect if a witness to a will is also a beneficiary?
The gift to that witness is void.
What must be filed annually at Companies House?
Confirmation Statement and Annual Accounts.
Your client was arrested without a warrant. What must the police do to lawfully detain them beyond 24 hours?
Obtain authorisation from a superintendent (up to 36 hours) or apply to the magistrates’ court (up to 96 hours).
What’s a reasonable ground for applying for summary judgment?
The other party has no real prospect of succeeding and there's no compelling reason for a trial.
What document records any easements or covenants affecting a registered property?
Official copy of the register – specifically the Charges Register.
What’s the IHT threshold (nil rate band) for a UK-domiciled individual?
£325,000.
Your client wants to resign as director but remain a shareholder. Is this possible?
Yes – directorship and shareholding are separate roles.
What’s the main purpose of the Defence Statement under CPIA 1996?
To outline the accused's defence and identify issues in dispute to enable effective case management and disclosure.
What must be completed after Defence is filed to help with case management?
Directions Questionnaire.
What is a “contract race”?
When a seller issues contracts to more than one potential buyer – first to exchange wins.
Who is responsible for paying funeral expenses from the estate?
The personal representatives.
What’s the minimum notice period for a general meeting?
14 clear days (unless a shorter notice is agreed by members entitled to 90% of the votes).
What’s required for an application for bail under the Bail Act 1976?
The court must consider risk of absconding, reoffending, and interfering with witnesses.
A defendant ignores the claim. What can the claimant do next?
Apply for default judgment.
What happens if the buyer fails to complete on the completion date?
Seller can serve a notice to complete and retain the deposit after 10 working days.
Your client wants to exclude a child from their will. What should you warn them about?
The child may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
A company issues new shares without offering them to existing shareholders. What’s the risk?
Breach of pre-emption rights unless excluded or waived.
What’s a ‘Goodyear indication’?
A judge’s indication of likely sentence if the defendant pleads guilty at that stage.
What is the key factor in choosing expert witnesses under CPR?
Experts owe a duty to the court, not the party instructing them.
A lease is for 9 years. Is it registrable at the Land Registry?
Yes – leases over 7 years must be registered.
What happens to a gift if the beneficiary dies before the testator?
The gift lapses unless the will specifies otherwise (or it’s saved by the statutory exception for children).
What is a debenture?
A long-term loan instrument, often with fixed or floating charges over assets.
Can bad character evidence of a defendant be admissible? On what grounds?
Yes, under s.101 Criminal Justice Act 2003, if it shows propensity, relevance, or rebuts an assertion made by the defence.
What document sets out the evidence a witness will give?
Witness Statement – signed and dated with a statement of truth.
What is the effect of overriding interests on a buyer?
They bind the buyer even if not registered (e.g., actual occupation rights).
What’s an executor’s first duty after a testator’s death?
Secure the estate and identify all assets and liabilities.
Can a private company provide financial assistance to buy its own shares?
Yes – the restriction was abolished for private companies by the Companies Act 2006.
During trial prep, what must the defence disclose under CPIA rules?
Witnesses the defence intends to call, expert reports, and documents they intend to rely on.
A client is facing an application for interim injunction. What defence could you raise?
Balance of convenience, lack of serious issue, or inadequate evidence of harm.
Your client wants to exchange contracts before securing mortgage finance. What’s the risk?
They may be liable to complete without funding and risk forfeiting the deposit.
What is the statutory order of priority for applying for a grant under intestacy?
Spouse, children, parents, siblings, etc.
A director enters into a conflict-of-interest transaction without disclosure. What’s the consequence?
It may be voidable, and the director may be liable for breach of fiduciary duty.
You represent a co-accused who blames another for the offence. What legal issue does this raise?
Cut-throat defence – conflicting defences that may require separate trials.
What is the purpose of a Costs Budget (Precedent H)?
To set out estimated costs for the court’s approval and control litigation expenses.
What clause should be added if the seller hasn’t completed building works?
A retention clause – holding part of the purchase price back until completion of works.
Your client handwrites their will but has it properly witnessed. Is it valid?
Yes – wills can be handwritten if they meet the formalities of the Wills Act 1837.
Your client wants to pass a special resolution. What proportion of shareholders must agree?
At least 75%.