（已压缩）flk1 practice assessment-169

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A liquidator of a company is appointed. The company has total assets amounting to £420,850,000 once the liquidator has collected in all available assets. The liquidator has been notified of debts as follows: • a secured loan of £250,000,000 which is secured by a fixed charge • preferential debts owed to employees of £3,160,000 • a secured loan which, after ring fencing, secures £130,000,000 by way of a floating charge • an outstanding corporation tax bill of £23,690,000 owed to HMRC • rent arrears of £37,000,000 • a loan granted to the company by the wife of one of the directors in the amount of £5,000,000 • trade creditors and other sums owed to ordinary creditors of £10,750,000. There are no winding-up expenses. Which of the following percentages best represents the amount in each £1 owed that will be paid to the company’s ordinary unsecured creditors?

A claimant makes a Part 36 offer of £40,000 on 1 March to the defendant to settle their dispute. The offer expires on 22 March. The defendant rejects the offer and the matter proceeds to trial. After considering the evidence, the judge finds in the claimant's favour and damages are awarded against the defendant in the sum of £45,000. Which of the following best represents the likely order the court will make concerning costs?

A liquidator of a company is appointed. The company has total assets amounting to £420,850,000 once the liquidator has collected in all available assets. The liquidator has been notified of debts as follows: • a secured loan of £250,000,000 which is secured by a fixed charge • preferential debts owed to employees of £3,160,000 • a secured loan which, after ring fencing, secures £130,000,000 by way of a floating charge • an outstanding corporation tax bill of £23,690,000 owed to HMRC • rent arrears of £37,000,000 • a loan granted to the company by the wife of one of the directors in the amount of £5,000,000 • trade creditors and other sums owed to ordinary creditors of £10,750,000. There are no winding-up expenses. Which of the following percentages best represents the amount in each £1 owed that will be paid to the company's ordinary unsecured creditors?

A claimant is successful in their application for judicial review of their local planning authority's decision to refuse to consider a planning application. The court found that the authority had failed to comply with its statutory duty to consult interested parties. Which of the following remedies is likely to be the most appropriate in this case?

The claimant has lived in their rural property for one year. The claimant is woken nightly by lorries delivering goods to a large warehouse on the outskirts of the claimant's village. The warehouse operator has recently expanded their business interests to include exports, as well as imports. Which of the following best describes whether the claimant has a claim against the warehouse operator?

A judge is considering a criminal law case concerning possession of a weapon in a public place. The legislation prescribing the offence provides that 'It is an offence to possess a firearm in a public place without lawful authority to do so'. The legislation also states that 'The term firearm refers to a rifle, pistol, pellet gun, stun gun, handgun, shotgun, or other similar weapons'. The defendant is charged with possession of an air rifle in a public place. Which of the following statements most accurately identifies how the rules of language are likely to apply in this case?

The claimant's business property is destroyed when a neighbouring building explodes. The neighbouring building was used to store gas canisters. The owner of the building had failed to appreciate that the canisters needed to be used within a limited period of time. Storing the canisters beyond their expiry date has caused them to react with the air and explode. Which of the following best describes the legal position?

A solicitor is acting on behalf of a client who believes that the law governing the pension rights afforded to cohabittees violates their human rights. The client wants the offending statutory provision to be declared void. Which of the following statements best describes the court's power to make such a ruling?

A man entered into a 12-month lease of a property. The terms of the lease required the man to provide a guarantor in the event that the man failed to pay the rent. Eight months into the lease, the landlord is now bringing a claim against the guarantor as the man has failed to pay the rent for the last six months. Which of the following statements best explains the legal position and whether the landlord can claim the arrears from the guarantor?

The claimant issues proceedings against the defendant for breach of contract arising from the installation of a heating system in their flower shop. The claimant claims that, due to inherent defects within the system, the heating failed to come on at the appropriate temperature on the night of 23 November. As a consequence, the claimant's entire stock of valuable roses died, causing losses of £43,000 and damage to their reputation in the industry. This is disputed by the defendant who submits that the fault lay with the claimant in their operation of the system. Both parties have instructed experts. The claimant is a multinational company whereas the defendant is an individual. Which of the following best describes the approach the court would take when managing the claim?

The defendant is involved in a personal injury claim against them. It is alleged that the defendant negligently drove their car into the claimant, another road user, causing injury to the claimant. During the course of proceedings, a witness produces a witness statement recounting their version of events in the lead-up to the defendant driving home from a local pub. The witness was present at the pub from when the defendant arrived to when they left; the witness was sitting at the table next to the defendant the whole time. When describing the defendant's state of intoxication, the witness states that the defendant had drunk 'nine pints of beer' and was 'too drunk to drive a car'. Which of the following best represents the admissibility of those two sections of the witness's evidence?

A company brings a claim for breach of contract in the High Court, but is unsuccessful at trial. The company wishes to appeal to the Court of Appeal. Which of the following best represents the basis upon which permission to appeal would be given?

The claimant has successfully pursued a claim in private nuisance against a nightclub owner in a residential area close to their property. The nightclub owner obtained planning permission from the planning authority to develop the venue as a nightclub. The claimant wants the court to award an injunction to prevent the club from opening. The nightclub incorporates a restaurant and corporate venue, and employs 50 members of staff. Which of the following will the court take into consideration when considering the granting of the injunction?

The court is asked to assess the validity of a contract with a man who claims to have suffered from mental incapacity at the time the contract was formed. When assessing the validity of the contract, which of the following best explains the effect of any mental incapacity?

A solicitor agrees to act for a client on a ‘no win, no fee’ conditional fee agreement. The success fee is set at 25%. The solicitor’s usual charging rate is £190 per hour. The work undertaken amounts to 20 hours of work. The client’s claim is successful, and the client is awarded £4,000 in damages. What success fee will the client be liable to pay?

The UK Parliament wishes to introduce legislation that will apply to both England and Wales. The proposed legislation relates to matters which are not reserved for the UK Parliament. Which of the following statements most accurately describes the power of the UK Parliament to make such legislation?

A clause in a partnership agreement states as follows: '7. DRAWINGS AND SALARIES 7.1 The Net Profits or Net Losses of the Partnership shall be divided equally between the Partners. 7.2 Each Partner shall be entitled to draw out of the Partnership Bank account for his own use, such sum as may from time to time be agreed by all the Partners on account of his drawings being his or her accruing share of the Net Profits for each Accounting Period provided that no sum shall be so drawn unless there is money in the account available for such purpose in excess of the monies necessary for the current expenses of the Partnership. 7.3 If in any Accounting Period the aggregate amount drawn out by any Partner shall be found to exceed the amount of his share of the Net Profits for that Accounting Period he shall repay within 30 days of the end of such Accounting Period such excess. 7.4 It is agreed that an annual salary in the sum of £30,000 shall be paid to the Partners and that this shall be in addition to such Partners’ share of Net Profits and will not be on account of the same and furthermore that such salaries shall be paid whether or not there is sufficient cleared money in the Partnership Bank account available for such purpose. Such salaries shall be subject to increases as may from time to time be agreed by all the Partners.' Which of the following statements best represents a combination of elements that exist in this partnership that deviate from the provisions of the Partnership Act 1890?

A man writes a letter to a woman offering to sell her his gold watch for £5,000. The man promises to keep his offer open for five days. The woman receives the letter two days later and immediately replies by Royal Mail accepting the man’s offer. The woman’s letter of acceptance is delayed in the postal system and finally arrives seven days after the man’s initial offer was sent. In the meantime, six days after the man’s offer was made, the man sells the watch to a third party. The woman has discovered that the watch has been sold and now brings a claim for breach of contract. Which of the following statements best explains whether the man has breached his contract with the woman?

A man writes a letter to a woman offering to sell her his gold watch for £5,000. The man promises to keep his offer open for five days. The woman receives the letter two days later and immediately replies by Royal Mail accepting the man's offer. The woman's letter of acceptance is delayed in the postal system and finally arrives seven days after the man's initial offer was sent. In the meantime, six days after the man's offer was made, the man sells the watch to a third party. The woman has discovered that the watch has been sold and now brings a claim for breach of contract.

The claimant is a teacher at a local school that is undergoing renovation works. The contractors are working on the school during the summer holidays when there are no children on the premises. The claimant visits the school to collect some marking to complete over the holidays. They visit at lunchtime when most of the contractors are off-site. As the claimant walks into the school office, they trip over a toolbox, breaking their wrist and causing bruising to their face and body. The teacher brings a claim against the school.

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