Chapter 8: The Pact Itself

 

English law shall apply as set out in the following Schedules:

  • Schedule 1: Applied as in force as of 30th April 2013;
  • Schedule 2: Applied as in force as of 30th April 2013, to the extent that there shall be an institution in place which, in the opinion of the court, has the ability reasonably and effectively to exercise the powers in question, or;
  • Schedule 3: Not applied

In deciding cases, the Court shall apply the law so as to give efficacy to the Pact, bearing in mind the needs of members:

  • to live safely and securely by the law;
  • to transact business and their commercial affairs, and;
  • to go about their lawful activities protected from the harmful actions of others.

Schedule 1

 

Admiralty – In general, the Admiralty jurisdiction of the High Court of Justice is derived partly from statute and partly from the inherent jurisdiction of the High Court of Admiralty. The Admiralty jurisdiction of the High Court includes jurisdiction to hear and determine any claim relating to, for example:

  • possession or ownership of a ship
  • mortgage or charge on a ship
  • damage and loss
  • loss of life or personal injury
  • salvage
  • supplies, repairs and dock charges
  • forfeiture, condemnation and restoration of ships or goods

Agriculture and Fisheries – UK law relating to agriculture is subject to EC law, which includes, in particular, the rules laid down for the establishment of the Common Market and the measures required to achieve the objectives of the common agricultural policy. EC law is introduced into the UK according to UK constitutional law by mechanisms provided in the European Communities Act 1972.

Agriculture

  • agricultural tenancies
  • land improvement
  • agricultural production and marketing, includes:
  • proper use of land in agriculture
  • seeds and other propagating material
  • feed hygiene and control
  • use of animal by-products
  • protection of crops
  • the livestock industry
  • horticulture
  • employment
  • control of agricultural pollution

 

Agency – term used to connote the relationship which exists where one person has an authority or capacity to create legal relations between a person occupying the position of principal and third parties.

  • nature and formation
  • competency of agents
  • control of estate agents
  • accommodation agents
  • formation of agency
  • enduring powers of attorney
  • authority of the agent
  • delegation
  • ratification
  • relations between principal and agent
  • relations between principal and third persons
  • relations between agent and third persons
  • termination of agency

 

Armed forces – the armed forces include naval forces, land forces and air forces. A person enlisting in or entering the armed forces incurs additional responsibilities to those relating to the ordinary law of the land, becoming subject to a code of naval, military or air force law. The disciplinary provisions of these codes are largely contained in the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

  • the legal position of the Armed Forces
  • Naval Forces
  • Land and Air Forces
  • Discipline in the Armed Forces

 

Arbitration – a process used by the agreement of the parties to resolve disputes. In arbitrations, disputes are resolved, with binding effect, by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction but for the agreement of the parties to exclude it.

  • arbitration under Part I of the Arbitration Act 1996
  • recognition and enforcement of foreign awards
  • international investment disputes

 

Auction – an auction is a manner of selling or letting property by bids, usually to the highest bidder by public competition. An Auctioneer is an agent who sells goods or other property by auction.

  • auctioneer
  • qualifications, appointment
  • auctioneer’s authority
  • auctioneer’s duties to vendor
  • auctioneer’s rights against vendor
  • auctioneer in relation to third persons
  • auction sale and the deposit
  • conduct of the auction
  • the deposit
  • auctioneer’s liabilities to purchaser
  • auctioneer’s rights against purchaser
  • sales giving rise to criminal sanctions

 

Bailment – arises whenever one person (the bailee) is voluntarily in possession of goods belonging to another person (the bailor). The legal relationship of bailor and bailee can exist independently of any contract, and is created by the voluntary taking into custody of goods which are the property of another. The element common to all types of bailment is the imposition of an obligation, because the taking of possession in the circumstances involves an assumption of responsibility for the safe keeping of the goods. A bailment is distinguishable from a sale.

  • gratuitous bailment
  • deposit
  • mandate
  • gratuitous loan for use
  • gratuitous quasi-bailment
  • bailment for valuable consideration
  • hire of custody
  • hire of chattels
  • hire of work and labour
  • pledge
  • considerations common to all classes of bailment
  • estoppel of bailee
  • claims and damages
  • rights and obligations as regards third persons

 

Banking – Financial Services and Markets Act 2000 (regulation of banking). Bank of England granted new powers for the formulation of monetary policy under the Banking Act 1998

  • constitution of banks
  • banks generally
  • savings banks
  • business of banking, includes:
  • relation of banker and customer
  • payment of cheques etc
  • banker’s lien
  • electronic funds transfer
  • letters of credit; performance bonds
  • lending and security
  • guarantees
  • freezing injunctions

 

Barristers

  • education and training
  • professional practice and conduct
  • misconduct, complaints and discipline
  • legal rights and duties
  • terms of work and remuneration

 

Bankruptcy and Individual Insolvency – Insolvency Act 1986

Bankruptcy and Individual Insolvency, includes:

  • procedure on bankruptcy petition
  • bankruptcy orders; summary administration
  • proof of debts
  • insolvent partnerships
  • Criminal bankruptcy
  • compositions and arrangements apart from the Insolvency Act 1986; administration orders
  • deeds of arrangement
  • administration orders

 

Betting, Gaming and Lotteries – includes:

  • definitions and distinctions
  • gaming and wagering contracts
  • stakes, loans and securities
  • betting racecourses and other tracks, and licensing
  • gaming
  • lotteries

 

Bills of Exchange and other Negotiable Instruments – includes:

  • necessary parties
  • classification of instruments
  • delivery
  • acceptance
  • duties of holder
  • conflict of laws
  • legal enforcement
  • legal proceedings
  • limitation of action
  • operation of law
  • other negotiable instruments
  • rules for determining negotiability
  • what instruments are negotiable

 

Bills of Sale – a bill of sale may be described as an instrument in writing whereby one person transfers to another the property he has in goods or chattels, or as a document given with respect to the transfer of goods or chattels, used in cases where possession is not intended to be given.

  • security Bills of sale, includes:
  • creation of security over goods
  • general effect of Bills of Sale Acts
  • consideration
  • attestation
  • avoidance
  • variation
  • transfer
  • discharge
  • absolute bills of sale
  • general effect of Bills of Sale Acts
  • form, contents and attestation
  • registration
  • avoidance
  • General assignment of Book debts

 

Boundaries –

  • delimitation of boundaries
  • nature of boundaries
  • boundaries fixed by the act of the parties
  • boundaries fixed by statutory or judicial authority
  • boundaries fixed by legal presumptions
  • evidence of boundaries
  • evidence from the title
  • particular kinds of evidence
  • trees and fences
  • trees on boundaries
  • rights, duties and liabilities of owners of fences
  • party walls, includes:
  • creation of party walls
  • rights and duties arising by virtue of the Party Wall etc Act 1996

 

British Nationality, Immigration and Asylum –

  • British nationality, including:
  • British citizenship
  • British subject status
  • British protected person status
  • immigration, including:
  • control of admission to the UK
  • powers and duties of the Secretary of State, Immigrations Officers etc
  • appeals
  • offences
  • asylum
  • claims for asylum
  • support for asylum seekers

(This area of law shall be governed by Code membership and laws restricting the occupation and ownership of land, as the Code shall from time to time direct.)

 

Building – principal enactment relating to the control of building throughout England and Wales is the Building Act 1984

  • building regulations, includes:
  • exemption from, and relaxation of, building regulations
  • approved documents
  • plans and notices
  • breach of building regulations
  • specific building requirements, includes:
  • drainage
  • sanitary conveniences
  • defective and dangerous premises
  • appeals
  • administrative matters under the Building Act 1984, includes:
  • entry on premises and execution of works
  • compensation and recovery
  • protection from liability
  • offences
  • safety at sports grounds etc.
  • safety of sports grounds
  • safety of stands at sports grounds
  • safety of platforms and other structures
  • premises for storage of celluloid film

 

Building Contracts, Architects, Engineers, Valuers and Surveyors

  • creation and nature of building contracts, includes:
  • parties and types of contract
  • agreement, consideration and factors vitiating agreement
  • discharge and waiver
  • performance of the contract, includes:
  • duty to complete the works
  • obligations of the employer
  • building and environmental controls
  • non-completion, termination and insolvency
  • certification and remuneration
  • liabilities, remedies and disputes, includes:
  • negligence and other liabilities
  • remedies
  • architects and engineers
  • valuers and surveyors

 

Building Societies – a building society is a society incorporated under the Building Societies Act 1986. A society may be established if its purpose or principal purpose is that of making loans which are secured on residential property and are funded substantially by its members and its principal office is in the UK.

  • rules
  • members and depositors
  • shares
  • mergers and transfers of business
  • management and accounts, includes:
  • the register of members
  • meetings
  • auditors and audit of accounts
  • loans secured on land, including:
  • types of borrower
  • the mortgage or charge
  • powers of building societies
  • disputes
  • dissolution and winding up

 

Carriers – carriers generally are persons who, either gratuitously or for reward, carry passengers or goods otherwise than for carriers’ own purposes or for purposes connected with the carriers’ own trade or business. They may be classified as:

  • common carriers
  • private carriers
  • carriers with special rights and duties
  • carriers of goods, includes:
  • common/private carriers of goods
  • carriage of animals
  • carriage of dangerous goods
  • carriers of passengers
  • common and private carriers of passengers
  • general duty of care to passengers
  • passengers’ luggage
  • contracts of carriage
  • terms of contract of carriage
  • deviation, misconduct and exceptions clauses in contracts of carriage
  • sub-contractors and through carriage
  • international carriage of passengers by road, includes:
  • losses, liability and compensation
  • international carriage of goods by road, includes:
  • the contract and the consignment note
  • losses, liability and compensation
  • forwarding agents
  • remedies
  • remedies in general
  • measure of damages

 

Charities – the Charities Act 1993 – charity means any institution, corporate or not, which is established for charitable purposes and is subject to the control of the high court in the exercise of its jurisdiction with respect to charities.

  • charitable purposes, includes:
  • essentials of charitable purposes
  • creation of charitable trusts, includes:
  • formal requirements and restrictions
  • surplus income
  • conditional and limited interests
  • failure of stated charitable objects, includes:
  • consequences of failure of stated objects
  • schemes of the cy-près doctrine, includes:
  • special provisions for small charities
  • charitable corporations, includes:
  • foundation and dissolution
  • corporate property
  • trustees, includes:
  • corporations and quasi-corporations as trustees
  • appointment of trustees
  • removal and discharge of trustees
  • conduct and administration of charitable trusts, includes:
  • duties of charity trustees
  • powers of charity trustees
  • liability of trustees
  • control of charitable fundraising, includes:
  • house to house collections, war charities and charities for the disabled
  • controls under the Charities Act 1992
  • court proceedings, includes:
  • restrictions on charity proceedings
  • claims and other proceedings
  • costs

 

Children and Young Persons

  • childhood and legal relationships, includes:
  • capacity of children in contract, tort, crime and property
  • legal parentage
  • the status of children
  • family proceedings
  • in general
  • the children and family court advisory and support service
  • legal proceedings relating to the upbringing of children, includes:
  • orders under Part II of the Children Act 1989: private law proceedings
  • appeals
  • particular duties of the court in matrimonial proceedings
  • adoption, includes:
  • the adoption service and adoption agencies
  • care and protection of children
  • access to birth records; contact with relatives
  • surrogacy arrangements
  • financial support for children, includes:
  • liability under social security legislation
  • child support
  • protection of children, includes:
  • protection under the Children Act 1989
  • employment of children, includes:
  • general restrictions
  • child abduction, includes:
  • the criminal law
  • child abduction and the international conventions
  • support for children by local authorities and voluntary organisations, includes:
  • provision of services for children and their families
  • provision of accommodation
  • children’s homes
  • child minding and day care for young children
  • criminal proceedings against or involving children and young persons, includes:
  • offenders under the age of eighteen
  • youth courts
  • rehabilitation of offenders
  • civil proceedings by or against children, includes:
  • the litigation friend
  • compromise and settlement
  • costs

 

Choses in Action – ‘chose in action’ in literal sense means a thing recoverable by action, as contrasted with a ‘chose in possession’, which is a thing of which a person may have not only ownership but also actual possession. The term ‘chose in action’ used to describe all personal rights of property which can only by claimed or enforced by action and not by taking physical possession. Theft Act 1968; Law of Property (Miscellaneous provisions) Act 1994.

assignment of choses in action, includes:

general considerations regarding assignments

assignments under the Law of Property Act 1925

choses in action not capable of assignment, includes:

pensions, salaries and maintenance

particular contracts

 

Clubs – a club, except a proprietary club or investment club, may be defined as a society of persons associated together, not for the principal purposes of trade, but for social reasons, the promotion of politics, sport, art etc; however, trading activities will not destroy the nature of a club if they are merely incidental to the club’s purposes.

  • constitution, management, property and dissolution, includes:
  • nature of clubs and special legislation
  • rules and byelaws
  • club property
  • dissolution of clubs
  • clubs and their members in external relations, includes:
  • position in contract as regards third persons
  • criminal liability
  • intoxicating liquor
  • licensing legislation
  • licensing of clubs under the Licensing Act 1964
  • licensing of clubs under the Licensing Act 2003
  • Gambling, includes:
  • betting and lotteries
  • gaming licensing and registration

 

Commons – commons Registration Act 1965 – ‘right of common’ is a right, which one or more persons may have, to take or use some portion of that which another man’s soil naturally produces.

  • origin and continuance of rights of common
  • definitions and classification
  • common lands
  • greens and recreation allotments
  • the requirement of registration
  • powers of local authorities
  • rights of common, includes:
  • compulsory acquisition
  • extinguishment and suspension of rights of common
  • rights and duties of the Lord of the Manor and commoners
  • public rights of access over commons, includes:
  • rights of access generally
  • access under the Countryside and Rights of Way Act 2000
  • vehicular access over common land
  • registration of common land and town and village greens, includes:
  • vesting and protection of unclaimed land
  • the role of the commons commissioners
  • inclosure of commons and common fields
  • inclosure before 1845
  • scope of the Inclosure Acts 1845 – 1899
  • regulation of commons, includes:
  • regulation of commons under the Inclosure Acts 1845 – 1882
  • regulation of metropolitan commons
  • administration

 

Commonhold

  • establishing commonhold
  • preparing the documentation
  • registration
  • the division of commonhold
  • the commonhold unit
  • the common parts
  • the operation of commonhold
  • rights and duties of the commonhold association and its members
  • changing the details of the commonhold
  • termination
  • voluntary winding up
  • winding up by the court
  • termination by order of the court
  • transactions involving commonhold land
  • transfer of commonhold units
  • granting of leases
  • other transactions

 

Companies

  • companies regulated by the Companies Act 1985, includes:
  • formation and registration
  • powers and liabilities of companies
  • share capital
  • offers of shares for subscription or purchase
  • disclosure of interests in shares
  • protection of company’s members against unfair prejudice
  • directors’ duties and liabilities
  • accounts
  • borrowing and securing money
  • insider dealing
  • companies formed outside England and Wales
  • unregistered and unincorporated companies
  • companies regulated by the Companies Clauses Acts, includes:
  • powers and liabilities of companies regulated by the Company Clauses Acts
  • capital
  • prospectus and offer for sale
  • settlement of disputes
  • recovery of claims, damages and penalties

 

Company and Partnership Insolvency

  • insolvency practitioners and their qualification, includes:
  • restrictions on unqualified person acting as insolvency practitioner
  • records to be kept by insolvency practitioner
  • European regulation on insolvency proceedings, includes:
  • the liquidator
  • the law applicable
  • company voluntary arrangements, includes:
  • the proposal
  • moratorium
  • EC regulation
  • prosecution of delinquent officers
  • administration, includes:
  • administration under the former administration provisions
  • administration under the Enterprise Act 2002
  • winding up in general
  • winding up by the court, includes:
  • jurisdiction
  • grounds for winding up
  • official receiver
  • proof of debts
  • distribution of assets
  • dissolution of the company
  • voluntary winding up, includes:
  • requisites for and kinds of voluntary winding up
  • meetings of creditors; statement of affairs
  • liquidators
  • creditors
  • distribution of assets
  • dissolution of the company
  • practice and procedure in insolvency proceedings, includes:
  • enforcement procedures
  • cooperation between courts
  • disqualification orders and undertakings, includes:
  • grounds for disqualification
  • application for disqualification
  • companies regulated by the Companies Clauses Acts
  • unregistered and unincorporated companies
  • companies formed outside England and Wales
  • insolvent partnerships, including:
  • administration orders
  • disqualification
  • limited liability partnerships, includes:
  • voluntary arrangements
  • receivership

 

Confidence and Data Protection

  • confidence, includes:
  • obligations of confidence
  • derivation of jurisdiction
  • limits of confidence
  • breach of obligations of confidence
  • defences
  • evidence and procedure
  • data protection, includes:
  • the data protection principles
  • the Information Commissioner and tribunal
  • exemptions
  • enforcement
  • data protection in the telecommunications sector
  • unauthorised access to data stored on computers
  • the Freedom of Information Act 2000, includes:
  • statutory right of access to information held by public authorities
  • functions of the Lord Chancellor and the Information Commissioner
  • enforcement and appeals

 

Consumer Credit – Consumer Credit Act 1974

  • The common law and statutory provisions other than the CC Act 1974, includes:
  • general common law of contract
  • loan contracts
  • hire-purchase
  • protection for purchasers of motor vehicles
  • unfair contract terms
  • advertising
  • data protection
  • European law
  • rules of court
  • agency
  • classification and definitions under the Consumer Credit Act 1974, includes:
  • main classification of agreements
  • other categories of agreement and statutory definitions
  • agreements exempt from provisions of the Consumer Credit Act 1974

 

regulation: powers and licensing

  • regulatory powers
  • licensing
  • seeking business
  • advertising
  • canvassing
  • quotations
  • display of information

the making of regulated agreements, includes:

  • form, content and signing of regulated agreements
  • agency
  • excluded agreements
  • prospective agreements
  • cancellable agreements
  • multiple agreements
  • security, includes:
  • security instruments
  • duty to give information
  • pawns and pledges
  • negotiable instruments
  • enforcement of securities
  • charges for credit
  • in general
  • calculation
  • matters arising during the period of agreement, includes:
  • duty to give notice
  • duty to give information
  • appropriation of payments
  • variation of agreements
  • new credit-tokens
  • death
  • liability of creditor for breaches by supplier
  • termination, default and enforcement, includes:
  • early settlement by debtor
  • termination of debtor or hirer
  • default and enforcement
  • extortionate credit bargains
  • ancillary credit business, includes:
  • types of ancillary credit business
  • licensing
  • entry into agreements
  • judicial control, offences and enforcement, includes:
  • offences, sanctions and evidence
  • service of documents

 

Contempt of Court

  • criminal contempt, includes:
  • contempt in the face of the court
  • contempt committed outside the court
  • civil contempt, includes:
  • judgments and court orders
  • disobedience to statutory obligations etc
  • breach of undertaking
  • aiding and abetting
  • procedure and powers of court
  • powers of court
  • appeal from order
  • execution and discharge
  • execution and order of committal
  • discharge of person committed
  • execution and discharge of writ of sequestration

 

Contract

  • good faith
  • classifications
  • form and formalities
  • in general
  • contracts required to be in writing
  • formation of contract, includes:
  • offer and acceptance
  • written contracts and written terms
  • consent
  • intention to create legal relations
  • consideration and privity
  • consideration
  • privity
  • contracts with unincorporated associations
  • contractual terms
  • representations and terms
  • implied terms
  • unfair terms in consumer contracts
  • exclusion clauses
  • void and illegal contracts, includes:
  • contracts illegal or void at common law
  • contracts affected by statute
  • effect of invalidity
  • impossibility and mistake, includes:
  • initial impossibility and mistake
  • subsequent impossibility and frustration
  • discharge of contractual promises, includes:
  • discharge by performance of the contract
  • discharge by rescission for breach of contract
  • joint and several promises
  • nature of joint and several promises
  • discharge of joint and several promises
  • restitution, includes:
  • money paid by plaintiff to the defendant’s use
  • money paid under an ineffective contract
  • claims against wrongdoers
  • quantum meruit claims
  • defences

 

Copyright, Design Right and Related Rights

  • the rights protected
  • copyright, includes:
  • scope of copyright
  • duration of copyright
  • authorship and ownership
  • the copyright tribunal
  • acts restricted by copyright
  • permitted acts
  • civil actions and remedies
  • criminal offences
    moral rights, includes:
  • right to be identified as author or director
  • false attribution of a work
  • right to privacy of certain photographs and films
  • consent and waiver
  • circumvention of protection measures etc., includes:
  • fraudulent reception of transmissions
  • publication right
  • design right
  • design right in original designs
  • semiconductor topographies
  • rights in performances, includes:
  • economic rights
  • moral rights
  • databases; database right, includes:
  • copyright in databases
  • database right
  • artist’s resale right, includes:
  • resale right
  • transmission of resale right

 

Corporations

  • the nature of corporations, includes:
  • the name
  • the seal
  • domicile, residence and nationality
  • creation of corporations, includes:
  • creation by charter
  • creation by statute
  • membership and governance, includes:
  • members
  • officers
  • election of members and officers
  • regulation
  • powers, duties and liabilities, includes:
  • limitation of powers
  • ownership of property
  • liability in contract
  • liability in tort
  • criminal liability
  • dissolution of chartered corporations
  • livery companies of the City of London

 

Costs

  • the civil procedure rules; in general
  • transitional provisions
  • general rules about costs, includes:
  • assessment of costs
  • costs in particular situations
  • general rules about funding arrangements
  • fixed costs
  • small claims tract costs and fast track trial costs
  • procedure for detailed assessment of costs and default provisions, includes:
  • costs payable by one party to another
  • detailed assessment procedure where costs payable out of the community legal service fund or other fund
  • interim and final costs certificates
  • costs in special cases, includes:
  • costs payable by or to particular persons
  • costs relating to solicitors and other legal representatives

 

Courts

  • the nature of courts
  • the jurisdiction of courts
  • rights of audience and rights to conduct litigation
  • the administration of the supreme court and county courts, includes:
  • central administration; the Lord Chancellor’s department and the court service
  • local administration; the circuits
  • procedural matters
  • the supreme court of England and Wales, includes:
  • constitution
  • the high court
  • the crown court
  • the court of appeal
  • county courts, includes:
  • districts and sittings
  • jurisdiction
  • judges
  • courts and tribunals of special statutory jurisdiction
  • the courts-martial appeal court
  • ecclesiastical courts
  • statutory tribunals with appellate jurisdiction
  • maritime inquiries and investigations
  • inferior courts and tribunals and ancient courts, includes:
  • local and ancient courts

 

Cremation and Burial

  • disposal of dead bodies; in general
  • legislation concerning cremation and burial
  • authorities concerned with cremation and burial
  • disposal of dead bodies; public health and registration provisions
  • funeral expenses
  • cremation, includes:
  • provision of crematoria
  • maintenance and inspection
  • restrictions on cremation
  • disposal of ashes
  • offences
  • burial, includes:
  • the provision of burial places
  • consecration of burial places
  • rights of burial
  • fees and charges
  • liabilities and offences

 

Criminal Law, Evidence and Procedure

  • principles of criminal liability, includes:
  • general defences to crime
  • criminal capacity and immunity
  • inchoate crimes
  • offences against the person
  • homicide
  • offences relating to homicide
  • non-fatal offences against the person
  • sexual offences, includes:
  • non-consensual sexual offences
  • child sex offences
  • offences against mentally disordered persons
  • offences relating to prostitution and sex trafficking
  • preventative orders
  • offences against property, includes:
  • theft
  • handling stolen goods and related offences
  • blackmail
  • fraud
  • forgery
  • computer misuse
  • offences against the state or security, includes:
  • treason and related offences
  • seditious words and libel
  • inciting disaffection among Her Majesty’s Forces and the police
  • prevention of terrorism
  • official secrets and communication of information
  • offences affecting the property and the prerogative of the Crown
  • public order offences, including:
  • riot, violence disorder, affray etc
  • incitement to racial hatred
  • incitement to religious hatred
  • alcohol consumption in public places
  • public meetings
  • nuisance in public places
  • sporting events
  • criminal entry and trespass
  • anti-social behaviour orders and related orders
  • weapons offences, including:
  • biological, chemical and nuclear weapons
  • firearms, ammunition and air weapons
  • offensive weapons
  • offences relating to the administration of justice, including:
  • perjury and offences akin to perjury
  • obstructing the court of justice
  • offences relating to the execution of civil or criminal process
  • offences against decency and morality, includes:
  • obscene publications
  • video recordings and programme services
  • indecent displays
  • offences relating to controlled drugs
  • controlled drugs
  • investigation of drug trafficking
  • intoxicating substances
  • miscellaneous offences, includes:
  • money laundering offences
  • contamination or interference with goods
  • slavery
  • offences against religion
  • bigamy
  • the Vagrancy Acts 1824-1935
  • intimidation and harassment
  • hoaxes
  • enforcement procedures, includes:
  • crime and disorder strategies
  • code of practice to stop and search
  • powers of entry, search and seizure
  • international co-operation and mutual provision of evidence
  • arrest and detention, includes:
  • codes of practice
  • search upon arrest
  • treatment of detained persons
  • original criminal jurisdiction
  • criminal jurisdiction of courts
  • ambit of English criminal law
  • hearing, plea and allocation of proceedings, includes:
  • procedural classification of offences
  • sending to crown court for trial
  • remand in custody or on bail
  • time limits in relation to preliminary stages of criminal proceedings
  • proceedings against corporations
  • offences against children and young persons
  • bail, includes:
  • bail granted by a magistrates ‘ court
  • bail granted by the court of appeal
  • offences relating to bail
  • indictments
  • preferring an indictment
  • form of indictment
  • alteration of place of trial
  • nolle prosequi
  • trial of indictments, includes:
  • proceedings on indictment generally
  • pre-trial hearings
  • the jury
  • the hearing
  • evidence, includes:
  • general principles of evidence in criminal cases
  • burden and standard of proof
  • witness competence and compellability
  • cross-examination and re-examination
  • previous judgments
  • confessions and admission
  • sentence, includes:
  • sentencing principles
  • custodial sentences
  • community sentences
  • mentally disordered offenders
  • young offenders
  • the national probation service
  • appeals, includes:
  • appeals by defendant to the court of appeal following trial on indictment
  • re-trial for serious offences
  • appeals in cases of death
  • criminal cases review commission
  • compensation, rewards and costs, includes:
  • the criminal injuries compensation scheme
  • compensation for miscarriages of justice
  • protection of witnesses etc under SOCPA 2005
  • rehabilitation of offenders, includes:
  • periods of rehabilitation
  • application of periods of rehabilitation to convictions
  • criminal conviction and criminal record certificates
  • civil recovery of proceeds in crime, includes:
  • civil recovery in the high court
  • recovery of cash in summary proceedings
  • victims of crime, including:
  • the victims’ code of practice
  • right to representations and information
  • grants

 

Crown and Royal Family

  • the Crown, the monarch and the law
  • the title to the Crown, includes:
  • succession to the Crown
  • incapacity of the monarch
  • legal effects of a demise of the Crown
  • the royal family, includes:
  • the monarch’s spouse
  • other members of the royal family
  • charitable organisations associated with the royal family
  • royal titles and insignia
  • the monarch and the royal prerogative, includes:
  • personal immunities of the monarch
  • restrictions on royal grants
  • the monarch as head of the Church of England
  • the monarch’s property and finances, includes:
  • the private property of the monarch
  • the civil list arrangement

 

Custom and Usage

  • custom, includes:
  • custom, prescription and local usage compared
  • essential characteristics of custom
  • customary rights in the land of another
  • manorial customs
  • ecclesiastical customs
  • extinguishment of custom
  • usage, includes:
  • scope, effect and extinguishment of usages
  • characteristics of usage
  • the law merchant
  • the extrinsic evidence rule
  • proof of usage
  • manors, includes:
  • manorial courts and court rolls
  • officers of the manor
  • rights of the Lord of the manor

 

Damages

  • compensation
  • principles common to contract and tort, includes:
  • general rules on assessment of damages
  • measure of damages in tort, includes:
  • cases other than personal injury
  • personal injury
  • measure of damages in contract, includes:
  • limiting or constraining factors in the recovery of damages for breach of contract
  • consensual adjustment of damages
  • measure of damages in bailment
  • measure of damages in misrepresentation
  • aggravation
  • damages in equity
  • damages in foreign currency
  • practice and procedure, includes
  • pleading and proof
  • appeals

 

Deeds and other Instruments

  • deeds, includes:
  • execution of a deed
  • effect of a deed
  • avoidance, discharge, alteration and rectification of deeds
  • bonds, includes:
  • operation
  • assignment
  • discharge
  • instruments under hand only, includes:
  • transactions for which an instrument under hand is necessary
  • form and execution
  • alteration and cancellation
  • interpretation, includes:
  • general rules of interpretation
  • admission of extrinsic evidence
  • recitals
  • receipt clauses
  • covenants

 

Distress

  • nature and remedy of distress
  • distress for rent, includes:
  • the right to distrain
  • who may distrain
  • levying the distress
  • proceedings between seizure and sale
  • fraudulent removal
  • rescue and pound-breach
  • distress under the Magistrates’ Courts Act 1980

 

Easements and Profits à Prendre – an easement is a right annexed to land to utilise other land of different ownership in a particular manner (not involving the taking of any part of the natural produce of that land of any part of its soil) or to prevent the owner of the other land from utilising his land in a particular manner.

  • nature and characteristics of easements, includes:
  • classification of easements
  • distinction between easements and other rights
  • creation of easements, includes:
  • creation by express grant
  • creation by implication of law
  • creation under doctrine of prescription
  • access orders under the Access to Neighbouring Land Act 1992
  • conveyance and extinguishment of easements, includes:
  • conveyance of easements
  • extinguishment of easement by release
  • extinguishment of easements by statute
  • disturbance of easements
  • interference with easements
  • remedies for interference
  • particular easement, include:
  • rights of way
  • rights to water
  • right to park motor vehicles
  • profits à prendre, includes:
  • creation of profits à prendre
  • extinguishment of profit’s à prendre

 

Ecclesiastical Law

  • the constitution of the Church of England
  • cathedrals
  • ministry
  • benefices
  • church services
  • property of the Church of England
  • ecclesiastical jurisdiction
  • religious bodies other than the Church of England

 

Education

  • the legal framework
  • the statutory system of education
  • nursery, primary and secondary education, includes:
  • schools
  • pupil referral units
  • independent schools
  • welfare of pupils
  • discipline
  • further education:
  • institutions within the further education sector
  • other institutions providing further education
  • rights and liabilities
  • powers and duties
  • financial provision
  • higher education, includes:
  • institutions within the higher education sector
  • courses and academic awards
  • student fees and fair access to higher education
  • teachers, includes:
  • qualification, registration and other requirements
  • pay and conditions
  • teachers’ duties
  • special educational needs, includes:
  • identification and assessment of children with special educational needs
  • special educational needs tribunals
  • students, includes:
  • status and rights of redress
  • learning and skills councils
  • the Learning and Skills Councils for England
  • the National Council for Education and Training for Wales
  • support and services for young people
  • provision of services in England
  • provision of services in Wales
  • careers education and guidance
  • land and premises, includes:
  • provision of sites and premises
  • acquisition, appropriation and disposal of land
  • land and property transfers
  • control of use of school premises by governing bodies
  • educational trusts

 

Employment

  • nature and contract of employment
  • employment under contract
  • terms of employment
  • continuity of employment
  • calculation of normal working hours and a week’s pay
  • rights arising in the course of employment, includes:
  • entitlement to national minimum wage
  • working time
  • suspension from work on medical or maternity grounds
  • statutory sick pay
  • discrimination
  • insolvency of employer
  • disciplinary and grievance proceedings, includes:
  • dismissal and disciplinary procedures
  • right to be accompanied at disciplinary and grievance hearings
  • non-compliance with statutory procedures
  • termination of employment, includes:
  • termination without dismissal
  • summary dismissal
  • unfair dismissal and wrongful dismissal, includes:
  • employee’s rights in relation to unfair dismissal
  • remedies for unfair dismissal
  • redundancy payments, includes:
  • right to redundancy payment
  • loss of right to redundancy payment
  • death of employer or employee
  • employment training, includes:
  • careers services
  • industrial training boards
  • legal proceedings, includes:
  • constitution and jurisdiction of tribunals etc
  • proceedings before employment tribunals
  • procedure on equal value claims
  • determination of issues relating to statutory maternity pay, statutory sick pay, statutory paternity pay and statutory adoption pay
  • appeals to the high court
  • criminal proceedings

 

Equity – equity is the system of law which, prior to the fusion of the administration of law and equity effected by the Supreme Court of Judicature Acts 1873 and 1875, was administered by the former Court of Chancery.

  • equitable jurisdiction
  • nature and extent of equitable jurisdiction
  • exercise of equitable jurisdiction
  • principles of equitable jurisdiction, includes:
  • equity acts in personam
  • equitable interests in property, includes:
  • nature of equitable interests
  • equitable interests under contracts for sale
  • restrictive covenants
  • equitable doctrines affecting property, includes:
  • conversion
  • merger of estates and charges
  • subrogation
  • equitable relief against penalties and forfeitures
  • equitable relief in cases of fiduciary relationship
  • trustees and other persons in fiduciary positions
  • following and tracing assets
  • equitable defences, includes:
  • equitable set-off
  • acquiescence
  • unconscionable delay (‘laches’)

 

Estoppel – described as a principle of justice and of equity which prevents a person who has led another to believe in a particular state of affairs from going back on the words or conduct which led to that belief when it would be unjust or inequitable (unconscionable) for him to do so. The person making the statement, promise or assurance is said to be stopped from denying or going back on it.

  • estoppel by record
  • creation of estoppel by record
  • parties stopped
  • matters preventing existence of estoppel
  • procedural matters
  • estoppel by deed
  • nature of estoppel by deed
  • estoppel arising from a statement of fact in a deed
  • estoppel arising from the creation of a legal estate by deed
  • estoppel in pais
  • estoppel by representation, includes:
  • common law estoppel by representation
  • promissory estoppel
  • proprietary estoppel

 

Enforcement

  • necessity for enforcement
  • general rules about enforcement
  • methods of enforcement; in general
  • orders to obtain information from judgment debtors
  • enforcement agents; in general
  • execution and related enforcement procedures
  • writs and warrants
  • execution of writs and warrants
  • levying execution against goods
  • stay or suspension of execution
  • costs and expenses of execution
  • wrongful and irregular execution
  • sequestration and sale by sequestrators
  • other methods of enforcement
  • third party debt orders
  • attachment of earnings
  • charging orders
  • stop orders and stop notices
  • appointment of receiver by way of equitable execution
  • penal provision

 

Evidence – concerned with the general law of evidence applying in civil cases. There are some civil proceedings to which the strict rules of evidence do not apply and also some proceedings which cannot be categorised as either civil or criminal and to which those rules do not apply.

  • relevance and admissibility
  • burden of standard of proof
  • the court’s power to control evidence
  • facts which may be proved
  • facts in issue
  • facts relevant to the issue
  • collateral or subordinate facts
  • special modes of proof, includes:
  • proof of law in other jurisdictions
  • formal admissions
  • conclusiveness of previous judgments
  • hearsay evidence, includes:
  • admissibility under the Civil Evidence Act 1995
  • admissibility otherwise than under the 1995 Act
  • evidence of opinion and belief; in general, includes:
  • general reputation
  • opinions of ordinary witnesses
  • expert evidence, includes:
  • instructions and reports
  • miscellaneous procedural matters
  • documentary evidence and real evidence, includes:
  • proof of execution and documents
  • particular public or official documents
  • particular private documents
  • estoppel by deed
  • witnesses, includes:
  • competence and compellability
  • privilege and immunity
  • examination out of court and depositions
  • oaths and affirmations

 

Executors and Administrators – An executor is the person appointed, ordinarily by the testator by his will or codicil, to administer the testator’s property and to carry into effect the provisions of the will. An administrator is a person appointed by a court of competent jurisdiction to administer the property of a deceased person.

  • the chain of representation
  • the executor de son tort
  • the grant of probate or administration, includes:
  • the high court
  • instruments entitled to probate
  • general grants of administration
  • settled land grants
  • revocation of grants
  • contentious probate
  • when probate in solemn form is necessary
  • jurisdiction
  • procedure
  • grounds for opposing probate
  • costs of probate proceedings
  • devolution on the representative, includes:
  • property which devolves
  • devolution of chattels
  • devolution of choses in action
  • devolution of trust and mortgage estates
  • the administration of assets, includes:
  • the representative’s first duties
  • discharge of liabilities not presently due
  • trusts and powers of the representative
  • power to employ agents
  • the distribution of assets includes:
  • legacies and annuities
  • the residuary estate under a will
  • assents
  • appropriation
  • intestate succession, includes:
  • deaths intestate after 1952
  • deaths intestate before 1926
  • family provision, includes:
  • matters which the court must take into account
  • order for financial provision
  • administration and determination of questions by the court, includes:
  • administration and other remedies
  • parties
  • consolidation and transfer
  • costs
  • personal representatives’ liabilities, includes:
  • liability for deceased’s obligations
  • liability for personal representatives’ own acts
  • relief from liability
  • actions by and against personal representatives
  • practice and procedure
  • accrual of causes of action
  • actions against personal representatives

 

Explosives

  • the legislation and the administration
  • the statutes
  • the administration
  • manufacture and keeping of explosives
  • factories and magazines
  • stores and registered premises
  • small firework factories
  • sale, importation, exportation and conveyance
  • offences, powers, legal proceedings, accidents and loss, includes:
  • powers of arrest, search, sampling and destruction

 

Food – for definition, refer to the Food and Environment Protection Act 1985, the Food Safety Act 1990 and the Food Standards Act 1999.

  • control by statute
  • control by subordinate legislation
  • control by common law
  • food safety and hygiene, includes:
  • unsafe food
  • general hygiene and contamination regulations
  • novel foods and genetically modified sources
  • composition of food, includes:
  • nature, substance and quality
  • additives
  • labelling, description and advertising of food, includes:
  • false or misleading labelling and advertising
  • food labelling
  • food additives labelling
  • particular foods
  • proceedings and penalties, includes:
  • prosecutions
  • defences
  • appeals
  • slaughterhouses, includes:
  • public slaughterhouses
  • licensing of slaughter men
  • hygiene and inspection
  • specified risk material
  • slaughter of poultry

 

Friendly Societies – two principal types – societies registered under the Friendly Societies Act 1974, and those registered and incorporated under the Friendly Societies Act 1992.

  • friendly societies
  • other registered societies
  • branches of societies
  • the legislation
  • purposes of registered and incorporated friendly societies
  • unregistered friendly societies
  • incorporated friendly societies, includes:
  • constitution, establishment, registration, incorporation
  • statutory documents
  • registered name and office
  • investment of funds and holding of land
  • loans, benefit terms and nominations
  • dissolution, winding up and cancellation of registration
  • registered societies, includes:
  • rules
  • members and membership
  • valuation and accounts
  • inspections and meetings
  • offences
  • legal proceedings by or against registered societies and branches
  • matters common to incorporated and unincorporated friendly societies, includes:
  • management and administration
  • actuarial matters
  • business, assets and liabilities in other states
  • disputes and complaints
  • policyholders protection

 

Gifts

  • gifts made between living persons, includes:
  • donors
  • donees
  • subjects of gifts
  • conditions attached to gifts
  • illegality
  • gifts made in contemplation of death

 

Guarantee and Indemnity

  • the contract of guarantee, includes:
  • essentials of a guarantee
  • form of contract of guarantee
  • miscellaneous legislation applying to guarantees
  • liability of guarantor
  • special characteristics
  • extent of guarantor’s liability
  • guarantor’s rights against creditor
  • guarantor’s rights before payment
  • guarantor’s rights after payment
  • guarantor’s rights against principal debtor, includes:
  • nature and acquisition of guarantor’s rights
  • enforcement of guarantor’s rights
  • mutual rights and liabilities of co-guarantors, includes:
  • co-guarantor’s right to contribution
  • guarantor’s rights to securities held by the creditor or co-guarantor
  • limitation periods, includes:
  • creditor’s claims
  • contribution between co-guarantors
  • discharge of the guarantee, includes:
  • fulfilment of purpose of the guarantee
  • discharge by agreement
  • death of parties
  • the Consumer Credit Act 1974
  • contracts of indemnity
  • in general
  • performance bonds

 

Health and Safety at Work

  • the legislation, includes:
  • general legislation (domestic and European Union legislation)
  • legislation relating to particular industries etc
  • safety, health and welfare; in general, includes:
  • general responsibilities for health and safety
  • management of health and safety at work
  • employees’ duties
  • workplaces and equipment, includes:
  • safety of workplaces
  • provision and use of safe work equipment
  • personal protective equipment
  • commercial supply of equipment, products etc., includes:
  • general duties of manufacturers, importers and suppliers
  • supply etc of machinery and safety components
  • notification of new substances
  • good laboratory practice
  • provisions relating to general risks, includes:
  • general processes and activities
  • protection from general risks
  • major accident hazards and radiation emergencies
  • risks in particular industries and premises, includes:
  • the construction industry
  • docks, wharves, etc
  • agriculture
  • mines
  • quarries
  • railways
  • criminal offences, includes:
  • at common law
  • offences under general health and safety legislation
  • offences under factories legislation

 

Industrial and Provident Societies

  • constitution, includes:
  • the rules
  • name; office; seal
  • capital
  • management and officers
  • membership and meetings
  • administration, powers and property, includes:
  • contracts
  • land and investment
  • payment on member’s mental disorder or bankruptcy
  • accounts and annual returns
  • disputes and legal proceedings, includes:
  • remedies for debts from members
  • statutory offences
  • recovery of fines and costs
  • termination, includes:
  • amalgamation, transfer of engagements and conversion
  • cancellation and suspension of registration

 

Industrial Assurance

  • industrial assurance business, includes:
  • statutory regulation
  • illegal and ultra vires policies
  • industrial assurance companies and collecting societies, includes:
  • constitution and documentation of collecting societies; exemption by certificate
  • deposits; accounts and returns
  • valuations
  • legal proceedings
  • disputes
  • offences
  • appeals

 

Injunctions

  • the remedy and the jurisdiction, includes:
  • the nature of the relief
  • jurisdiction
  • mandatory injuctions
  • Mareva injunctions and Anton Piller orders
  • injunctions in particular cases, includes:
  • corporations and associations
  • protection of contractual rights
  • protection of property
  • restraint of legal proceedings
  • procedure and costs, includes:
  • parties
  • application for an injunction
  • the order
  • costs

 

Inns and Innkeepers

  • common law and statute
  • cognate law
  • liabilities of innkeepers, includes:
  • innkeeper’s liability to receive and entertain guests
  • innkeeper’s liability for guest’s safety
  • innkeeper’s liability to third persons
  • remedies of innkeepers
  • actions
  • lien
  • sale

 

Insurance

  • classification of insurance business and insurers
  • insurance legislation and related legislation
  • authorised insurers
  • general principles of non-marine insurance, includes:
  • non-disclosure and misrepresentation
  • formation of a contract to insure
  • the policy
  • the risk
  • the premium
  • claims under policies
  • marine insurance, includes:
  • nature of marine insurance
  • insurance policies
  • perils insured against
  • general average
  • measure of loss for which insurers are liable
  • mutual insurance associations
  • aviation insurance
  • long term insurance, includes:
  • assignment of long term insurance policies
  • endowment insurance
  • accident and sickness insurance
  • property insurance, includes:
  • fire insurance
  • insurance against burglary, theft and fraud
  • liability insurance, includes:
  • employer’s liability insurance
  • public liability insurance
  • professional indemnity insurance
  • motor vehicle insurance, includes:
  • nature and scope of insurance
  • standard forms of cover
  • compulsory insurance in relation to motor vehicles
  • reinsurance, includes:
  • formation of reinsurance contracts
  • losses under reinsurance contracts
  • pecuniary loss insurance, includes:
  • fidelity insurance
  • debt insurance
  • consequential loss insurance
  • war risks and acts of terrorism
  • regulation of insurance companies
  • the Financial Services Authority
  • the Financial Services Compensation scheme
  • the Financial Ombudsman service

 

Juries

  • constitution and duties of juries
  • qualification, exemption and excusal of jurors
  • summoning of jurors
  • proceedings before juries, includes:
  • selection of jury
  • swearing and giving in charge
  • giving of verdict and discharge
  • payment of jurors
  • liability

 

Land Charges

  • system of registration, includes:
  • the registers and index
  • subjects of central registration, includes:
  • land charges
  • pending actions
  • writs and orders affecting land
  • annuities
  • local land charges, includes:
  • the register and index
  • effecting registration
  • searches
  • subjects of central registration
  • local land charges

 

Land Registration

  • registration of title to land, includes:
  • the register
  • interests capable of registration
  • quality of title
  • special cases
  • dispositions of registered land, includes:
  • powers of disposition
  • matters relating to title
  • alteration of the register and indemnities
  • notices and restrictions, includes:
  • protection of pending land actions, writs, orders and deeds of arrangement
  • adverse possession, includes:
  • periods of limitation disapplied
  • defences in proceedings for possession of land
  • electronic conveyancing, includes:
  • Land Registry network
  • administration and offences, includes:
  • the Land Registry
  • rules, regulations and orders
  • offences
  • proceedings and adjudication
  • proceedings before the registrar
  • adjudication
  • the court

 

Landlord and Tenant

  • relationship of landlord and tenant, includes:
  • creation of tenancy
  • leases distinguished from licences to occupy land
  • legislative intervention
  • jurisdiction and procedure
  • agreement for leases
  • distinction between a lease and an agreement for lease
  • agreements for leases
  • leases and underleases, includes:
  • requisites for demise by lease
  • concurrent and future leases
  • underleases
  • completion
  • variation of leases
  • demised premises, includes:
  • parcels
  • flats
  • fixtures
  • trees and underwood
  • duration of tenancy, includes:
  • tenancy at will
  • tenancy at sufferance
  • term of years
  • payment of rent, includes:
  • rent books
  • demands for rent
  • permitted deductions
  • recovery of rent and related sums
  • rent review, includes:
  • implementing the review
  • valuation criteria
  • service and administration charges; insurance includes:
  • insurance in relation to dwellings
  • management of premises, includes:
  • management by RTM companies
  • codes of practice and local authority management orders
  • repair, fitness and alteration, includes:
  • landlord’s obligations towards the tenant
  • remedies for breach
  • nuisance, negligence etc
  • covenants as to alienation and use, includes:
  • other covenants, includes:
  • covenants for quiet enjoyment
  • covenants relating to licensed premises
  • assignment and devolution of leases, includes:
  • agreement to assign
  • assignment of leases
  • devolution on tenant’s death
  • terminating leases; recovering possession, includes:
  • forfeiture
  • surrender
  • merger
  • disclaimer
  • landlord’s remedies for tenant’s failure to deliver possession
  • business and agricultural tenancies
  • protection of business tenancies
  • protection of agricultural tenancies
  • tenancies under the Rent Act 1977, includes:
  • protected and statutory tenancies
  • rent under regulated tenancies
  • security of tenure; recovery of possession
  • restricted contracts and protected short holds
  • assured and assured short hold tenancies, includes:
  • exceptions and exclusions
  • implied terms of assured tenancies
  • reversions on assured tenancies
  • rent
  • jurisdiction and procedure
  • agricultural houses, includes:
  • protected occupancies and statutory tenancies
  • rehousing
  • power to obtain information
  • special protection from eviction for agricultural workers
  • long residential tenancies at low rents
  • the Landlord and Tenant Act 1954
  • the Local Government and Housing Act 1989
  • mobile homes, includes:
  • terms of the agreement
  • introductory, secure and demoted tenancies, includes:
  • County court jurisdiction
  • enlargement of long terms
  • enfranchisement etc; private sector houses, includes:
  • right to enfranchisement or extension
  • extension of lease
  • management schemes
  • settlement of disputed questions
  • enfranchisement etc; private sector flats, includes:
  • tenants’ statutory rights; in general
  • procedure
  • special categories of landlord
  • tenancies of flats; other collective rights
  • collective right of first refusal
  • collective compulsory acquisition by tenants of landlord’s interest
  • public or social housing sector right to buy, includes:
  • the right to buy and acquire
  • future disposals
  • powers of the Secretary of State etc
  • registration of title

 

Libel and Slander

  • the causes of action, include:
  • parties
  • defamatory statements
  • publication
  • defences, includes:
  • justification
  • absolute privilege
  • qualified privilege
  • the statutory defence for printers, distributors and other secondary publishers
  • leave and licence
  • pleading, practice and relief, includes:
  • proceedings before trial
  • interlocutory matters
  • discovery and interrogatories
  • trial
  • damage
  • final injunctions
  • malicious falsehood, includes:
  • the cause of action
  • pleading
  • malice
  • injunctions
  • criminal proceedings
  • defamatory libels and their punishment
  • prosecution
  • trial
  • statutory restrictions on reporting of certain derogatory assertions

 

Lien – concept of lien in the simple sense of a legal right to keep possession of property until a claim has been met has been extended to cover a number of analogous rights.

  • type of lien
  • comparisons and distinctions
  • legal lien, includes:
  • nature and essentials
  • enforcement
  • extinction of legal lien
  • equitable lien, includes:
  • vendor and purchaser
  • lien for expenditure on the property of another
  • covenants to settle specific property
  • enforcement
  • extinction of equitable lien

 

Limitation of Actions

  • statutory barring of actions by time, includes:
  • the legislation
  • application of the limitation acts
  • the effect of expiry of limitation periods
  • practice and procedure
  • particular causes of action
  • contract, tort and other actions
  • land and rent
  • money secured on property or proceeds of sale
  • trust property and estates of deceased persons
  • extension or postponement of limitation periods, includes:
  • disability
  • fraud, deliberate concealment or mistake
  • enemies and war prisoners
  • foreign limitation

 

Magistrates

  • the office and jurisdiction of magistrates, includes:
  • appointment and qualifications
  • duration of office
  • functions
  • liability, protection and indemnity
  • magistrates’ courts, includes:
  • petty sessions
  • administration and finance
  • proceedings in magistrates’ courts, includes:
  • criminal and civil jurisdiction
  • penal and civil powers
  • appeals from magistrates’ courts

 

Markets, Fairs and Street Trading

  • the rights of market, includes:
  • nature
  • creation
  • rights and liabilities
  • tolls, stallages and profits
  • the holding of markets and fairs, includes:
  • days and hours
  • regulation by byelaw
  • regulation by statute
  • occasional sales
  • pedlars
  • street trading, includes:
  • street trading in districts
  • street trading in greater London

 

Matrimonial Law – concept, in its widest sense, embraces marriage and the incidents of marriage, the settlement of disputes as to family property and other matters, the modes of dissolving a marriage once solemnised, the subsequent division of family property and rights to maintenance, rights of inheritance and matters relating to any children of the family.

  • marriage, includes:
  • ante-nuptial agreements
  • confirmation of invalid marriages
  • presumption and proof of marriage
  • rights and obligations of parties arising from marriage
  • legal proceedings
  • separation and maintenance agreements
  • family homes; domestic violence
  • property rights in the family home
  • courts’ powers under the Married Women’s Property Acts
  • courts’ powers under the Trust of Land and Appointment of Trustees Act 1976
  • family homes and domestic violence
  • matrimonial causes; grounds for relief; bars to relief, includes:
  • jurisdiction in proceedings for nullity of marriage, divorce or judicial separation
  • nullity
  • divorce
  • presumption of death and dissolution of marriage
  • practice and procedure in matrimonial causes, includes:
  • institution and defence of proceedings
  • preparations for trial
  • finding and decree
  • functions of the Queen’s Proctor and of the members of the public
  • ancillary relief, includes:
  • maintenance pending suit
  • reliefs after suit
  • provisions for children
  • transfer of tenancy orders
  • enforcement of orders for ancillary relief, includes:
  • orders to be enforced
  • methods of enforcement
  • aids to enforcement
  • appeals; applications for new trial; rehearings; judicial review
  • costs in matrimonial causes, includes:
  • orders for costs
  • basis of assessment
  • effect of misconduct; wasted costs
  • jurisdiction of magistrates’ courts, includes:
  • variation of maintenance agreements
  • orders for financial provision

 

Medical Professions

  • the medical profession and medical practice, includes:
  • regulation of the profession
  • the General Medical Council
  • registration, training and qualification
  • the practice of medicine
  • human tissue, transplants and the practice of anatomy
  • human fertilisation and embryology
  • the regulation of the health care professions
  • regulation under the Health Act 1999
  • the Council for the regulation of health care professionals
  • regulation by the health professions Council
  • the profession of dentistry and dental practice, includes:
  • the regulation of the profession
  • the General Dental Council
  • professional training and development
  • dental auxiliaries
  • osteopaths, includes:
  • the General Osteopathic Council
  • registration
  • liability and offences
  • chiropractors, includes:
  • the General Chiropractic Council
  • professional education
  • professional conduct and fitness to practice
  • nurses, midwives and nurses agencies, includes:
  • the Nursing and Midwifery Council
  • registration of nurses and midwives
  • liability and offences
  • opticians, includes:
  • the General Optical Council
  • registration, qualification and enrolment
  • dispensers of hearing aids, includes:
  • the Hearing Aid Council
  • discipline
  • pharmaceutical chemists and pharmacies, includes:
  • the Royal Pharmaceutical Society of Great Britain
  • lawful conduct of business; use of titles
  • apothecaries, includes:
  • the Society of Apothecaries
  • examinations and qualifications

 

Medicinal Products and Drugs (the Medicines Act 1968)

  • control of medicinal products, includes:
  • licenses and licensing
  • clinical trials
  • tests on animals
  • sale and supply of medicinal products
  • enforcement and offences
  • blood safety and quality
  • homoeopathic medicinal products
  • traditional herbal medicinal products
  • medical devices
  • controlled drugs, includes:
  • the Advisory Council on the Misuse of Drugs
  • the control of drugs
  • directions to practitioners and pharmacists
  • poisons, includes:
  • the control of poisons
  • enforcement, penalties and proceedings

 

Mental Health (and incapacity)

  • terminology
  • general scheme of legislation
  • mental health services, includes:
  • health and hospital services
  • social services
  • education and employment services
  • care and treatment of patients, includes:
  • approved social workers
  • relatives
  • guardianship
  • hospital and guardianship orders by criminal courts
  • after-care under supervision
  • place of safety powers
  • consent to treatment
  • mental health review tribunals, includes:
  • constitution
  • applications and references
  • procedure
  • mental disorder and legal incapacity, includes:
  • civil capacity
  • disqualifications
  • payments out of public and similar funds
  • litigation
  • persons who lack capacity under the Mental Capacity Act 2005
  • management of patients’ property and affairs, includes:
  • the special judiciary and the Court of Protection
  • procedure
  • preservation of others’ interests
  • offences

 

Mines, Minerals and Quarries

  • ownership, includes:
  • property in mines; presumption of ownership
  • rights incidental to ownership
  • reorganisation of the coal industry, includes:
  • licensing of coal-mining operations
  • registration and information
  • rights affecting mines in general, includes:
  • right of support
  • statutory right to withdraw support: coal mining
  • subsidence damage
  • rights of way
  • rights as to water
  • rights as to air
  • disposition, includes:
  • powers of disposition
  • leases
  • licenses
  • right t work minerals, includes:
  • rights apart from statute
  • statutory rights of working
  • opencast working of coal, includes:
  • opencast planning permission and ancillary rights
  • acquisition of temporary rights of use and occupation
  • claims and payments
  • regulation of mines and quarries in general
  • common law obligations
  • statutory regulation
  • ironstone district restoration
  • local rights and customs, includes:
  • tin bounding in Cornwall and Devon
  • mining and quarrying in Gloucestershire

 

Misrepresentation and Fraud

  • actionable misrepresentation, includes:
  • the representation
  • parties to a representation
  • misrepresentation
  • inducement and materiality
  • the effect of misrepresentation
  • claims for damages
  • damages for deceit
  • damages for negligent words
  • defence to claim for damages
  • measure of damages
  • claims for rescission
  • the relief
  • the claim for rescission
  • defences in claims for rescission
  • other fraudulent transactions, includes:
  • constructive fraud
  • voidable transactions

 

Mistake – the consequences of mistake (whether of fact or law) as a ground for relief, or the basis of a defence, between the parties to civil proceedings.

  • legal consequences and classification of mistake, includes:
  • mistake of law
  • mistake generally
  • third party determinations
  • mistake in expression of intention
  • remedies, includes:
  • specific performance
  • rescission
  • recovery of money paid under a mistake
  • recovery of property transferred under a mistake

 

Mortgage

  • definition and classification, includes:
  • legal and equitable mortgages
  • collateral transactions accompanying mortgages
  • parties to mortgages, includes:
  • absolute owners of property
  • fiduciary owners
  • creation of mortgages and charges, includes:
  • legal mortgages of land
  • legal mortgages of personalty
  • mortgages of ships, freight, aircraft and hovercraft
  • consumer credit securities
  • priority of mortgages, includes:
  • priority between mortgages of land
  • priority between mortgages of personalty and of equitable interests in land
  • failure to gain, or loss of, priority
  • the equity of redemption, includes:
  • nature of equity of redemption
  • persons entitled to redeem
  • restrictions on right to redeem
  • enforcement of the equity of redemption
  • loss of right to redeem
  • rights and liabilities of the mortgager, includes:
  • right to possession and receipt of rents and profits
  • status of the mortgager in possession
  • power to grant leases
  • liability for waste
  • other rights and liabilities
  • estate and interest of the mortgagee, includes:
  • assignment and devolution
  • rights and liabilities of the mortgagee, includes:
  • right to protect security
  • sale out of court
  • appointment of receiver out of court
  • rights as regards titles deeds
  • remedies of mortgagees, includes:
  • general right to pursue remedies
  • legal proceedings in general
  • claim on covenant for payment
  • foreclosure
  • orders for sale, includes:
  • order for sale in mortgage proceedings
  • order for sale in proceedings relating to land
  • sale of land belong to bankrupt
  • discharge of mortgages, includes:
  • burden of discharge
  • effect of payment, receipts and transfers and delivery of deeds
  • merger
  • release
  • discharge or modification by statute
  • accounts between mortgager and mortgagee, includes:
  • accounts of principal and interest
  • costs, charges and expenses, includes:
  • types of costs and expenses which may be added to security
  • costs of proceedings between the mortgagee and third parties

 

Negligence (clinical/medical and professional)

  • general principles of the law of negligence
  • nature of negligence
  • the standard of care
  • negligence causing death
  • situations in which a duty of care arises, includes:
  • duty of occupier
  • duty in relation to goods supplied
  • negligence in relation to highways and public places
  • civil proceedings and remedies, includes:
  • the proving of negligence
  • defences
  • apportionment of liability

 

Notaries

  • the office, appointment and supervision of notaries
  • functions and notarial acts

 

Nuisance

  • scope of nuisance
  • description and classification
  • nuisances between neighbouring properties
  • other particular cases of nuisance
  • dangerous property
  • legal proceedings and defences
  • types of proceedings
  • action for private nuisance
  • action for public nuisance
  • defences
  • remedies, includes:
  • abatement
  • damages
  • injunction

 

Open Spaces and ancient monuments – open spaces referred to here are those to which the public have rights of access for recreational purposes.

  • national institutions, parks and places, includes:
  • nature conservation
  • access to the countryside, includes:
  • access agreements and access orders
  • acquisition of land
  • maps and notices
  • public open spaces, parks and recreation grounds
  • various categories of open spaces
  • London
  • control of litter
  • ancient monuments and archaeological areas, includes:
  • miscellaneous and supplemental provision
  • the ordnance survey

 

Parliament

  • nature and authority
  • communication with the Crown
  • relations between the two houses of Parliament
  • the House of Lords, includes:
  • procedure and conduct of business
  • committees of the House of Lords
  • the House of Commons, includes:
  • members and constituencies
  • disqualification of members
  • conduct of business
  • select committees
  • Parliamentary property
  • property generally
  • Parliamentary premises
  • meeting, adjournment, prorogation and dissolution of Parliament
  • the legislative work of Parliament, includes:
  • drafting of public bills
  • private legislation
  • subordinate legislation
  • the financial work of Parliament, includes:
  • public expenditure
  • financial procedure of the House of Commons
  • broadcasting
  • members’ interests and conduct
  • in the House of Lords and in the House of Commons
  • privileges of Parliament, includes
  • jurisdiction of Parliament

 

Partnership

  • creation and duration
  • nature of partnership
  • the question whether a partnership exists
  • formation and duration
  • relations between partners and third persons
  • power of one partner to bind the firm
  • liability of partners to third persons
  • legal proceedings
  • relations between partners, includes:
  • necessity for good faith
  • admission of other partners
  • shares in partnerships
  • division of profits and incidence of losses
  • right to indemnity
  • partner’s lien
  • enforcement of partners’ rights between themselves
  • dissolution, includes:
  • dissolution otherwise than by the court
  • dissolution by the court
  • notice of dissolution
  • winding up the partnership business
  • limited partnerships
  • definitions and constitution
  • registration of limited partnerships
  • modifications of the general law of partnership

 

Patents and Registered Designs

  • the patents system, includes:
  • legislation
  • development of intentions
  • grant and duration of patent
  • applicants and applications
  • grant and term
  • patents after grant; amendment; renewal and restoration; surrender
  • ownership, devolution and assignment
  • licenses and crown use, includes:
  • licences by agreement
  • licences of right
  • compulsory licences
  • restrictions on contracts
  • construction of specification and claims
  • validity, includes:
  • validity of old patents
  • validity of new patents
  • infringement
  • cause of action for infringement
  • acts of infringement
  • proceedings for infringement, threats and revocation, includes:
  • declaration of non-infringement
  • action for threats
  • appeals
  • administration; patent agents; the patents court; the patents county court, includes:
  • European patent attorneys
  • international conventions
  • the international convention for the protection of industrial property
  • the patent co-operation treaty
  • the European patent convention
  • the community patent convention
  • registered designs, includes:
  • legislation and administration
  • the court and the appeal tribunal
  • rights on registration; infringement and threats actions
  • crown use
  • cancellation of registration

 

Peerages and Dignities

  • dignities
  • the peerage
  • the baronetage
  • knighthood, orders and decorations
  • armorial bearings
  • change of name and arms
  • foreign dignities, orders and decorations

 

Perpetuities and Accumulations – the rules of law affecting perpetuities are based upon consideration of public policy. Although the principle of private ownership requires that an owner of property is to have power to dispose as he thinks fit, either during life or on death, of his whole interest in the property he owns, public policy requires that the power should not be abused. Accordingly, the law has discouraged dispositions of property which either impose restrictions of future alienations of that property, or fetter to an unreasonable extent its future devolution or enjoyment.

  • the rule against perpetuities, includes:
  • period allowed for suspension of vesting
  • interests subject to the rule
  • application of the rule in general
  • failure of a limitation under the rule
  • general inapplicability of the rule to securities
  • restriction of accumulation
  • limits of period of accumulation
  • exceptions from the statutory restrictions
  • applications of surplus accumulations

 

Personal Property – personal property or personalty may be roughly described as comprising all forms of property, movable or immovable, corporeal or incorporeal, other than freehold estates and interests in land (which may include chattels affixed to land) and its appurtenances.

  • chattels personal
  • goodwill
  • possession, includes:
  • possession of different persons
  • acquisition of possession
  • effect of possession
  • loss of possession
  • ownership, includes:
  • acquisition of ownership
  • co-ownership
  • alienation, includes:
  • voluntary alienation
  • involuntary alienation
  • property acquired after act of alienation
  • restraints on alienation
  • change of name, includes:
  • authentication of change

 

Pledges and Pawns

  • pawns at common law, includes:
  • the contract of pledge or pawn
  • warranties and rights of pawnor
  • rights, duties and remedies of pawnee
  • intervening rights of third persons
  • consumer credit legislation in relation to pawns

 

Police

  • the office of constable
  • development of the law governing police forces
  • the special constabulary
  • police cadets
  • other bodies of constables
  • police administration, includes:
  • police areas and authorities
  • functions and powers of police authorities
  • functions of the Secretary of State
  • national policing improvement agency
  • police organisation, includes:
  • members of police forces
  • police representative institutions
  • serious organised crime agency, includes:
  • functions
  • plans, reports and finance
  • central supervision and direction
  • special powers of designated staff
  • the preservation of the Queen’s peace, includes:
  • powers, duties and privileges generally
  • interference with property or wireless telegraphy under the Police Act 1997
  • surveillance and covert human intelligence sources
  • police custody
  • property in police possession
  • exercise of police powers by civilians

 

Powers – ‘power’ is a term of art, denoting an authority vested in a person, called ‘the donee’, to deal with or dispose of property not his own. A power may be created by reservation or limitation; the dealing or disposition may be total or partial, and for the benefit either of the donee or of others; and the property may be real or personal.

  • powers in the nature of trusts and discretionary trusts
  • creation of powers
  • creation of powers in general
  • creation of particular powers
  • exercise of power, includes:
  • exercise by instrument inter vivo
  • exercise by will
  • contingent and determinable powers
  • revocation of appointments
  • invalid exercise of powers
  • excessive execution
  • defective execution
  • fraud on a power
  • election
  • extinguishment and release
  • disclaimer and release
  • alienation and acquisition of estate
  • satisfaction and exercise
  • order of court

 

Press, Printing and Publishing

  • publishing and publications, includes:
  • offences and liabilities
  • advertisements
  • reports of judicial proceedings
  • newspapers and the press, includes:
  • proprietors, editors and journalists
  • privileges and control of the press

 

Prize – a term applied to a ship or goods captured by the maritime force of a belligerent at sea or seized in port. The term has been extended by statute to aircraft and goods carried in them, and save for certain exceptions, the law relating to prize applies in relation to aircraft and goods carried in them as it applies in relation to ships and goods carried in them, and it so applies notwithstanding that the aircraft is on or over land.

  • validity of capture
  • rights and duties of captors
  • condemnation of prize
  • ransom
  • prize salvage and prize bounty
  • exercise of prize jurisdiction
  • British prize courts
  • procedure

 

Practice and Procedure – civil procedural law is a separate, distinct branch of the law which exercises a persuasive influence over all the other branches of the law, except criminal law and procedure.

  • nature and objectives of civil procedural law
  • sources of civil procedural law
  • general definitions
  • the new civil procedure
  • the Civil Procedure Act 1997
  • the civil procedure rules; general introduction
  • the overriding objective
  • case management tracks
  • sanctions
  • organisation and administration of civil courts; in general, includes:
  • jurisdiction and assignment of proceedings in the high court
  • district registries
  • sittings and vacations
  • transfer of proceedings
  • court documents
  • fees
  • conduct before commencement of proceedings:
  • the pre-action protocols
  • disclosure
  • inspection and preservation of evidence or property
  • offers of settlement
  • parties, includes:
  • joinder of parties
  • particular parties
  • death of a party
  • group litigation
  • vexatious litigants
  • commencement of proceedings, includes:
  • alternative procedure for claims
  • vexatious proceedings
  • service of documents, includes:
  • general rules about service
  • special provisions about service of the claim form
  • service out of the jurisdiction
  • responding to a claim, includes:
  • admissions
  • defence
  • disputing the jurisdiction of the court
  • case management, includes:
  • the preliminary stage of case management
  • the small claims track
  • the fast track
  • the multi-track
  • disclosure of documents
  • disclosure and inspection of documents
  • objections to production for inspection
  • progress of proceedings, includes:
  • statements of case
  • amendments to statements of case
  • statements of truth
  • counterclaims and other Part 20 claims
  • offers to settle and payments into court
  • security for costs
  • applications and interim proceedings and remedies, includes:
  • disposal of proceedings without trial, includes:
  • settlement or compromise of proceedings
  • default judgment
  • summary judgment
  • stay of proceedings
  • evidence, includes:
  • evidence at hearings other than trial
  • evidence for use in foreign proceedings
  • the trial process, includes:
  • date of trial and listing for trial
  • trial otherwise than by judge alone
  • recording of proceedings
  • trial of separate issues
  • judgments and orders, includes:
  • orders relating to the sale, mortgage, partition or exchange of land
  • orders for the award or provisional damages
  • judicial decisions as authorities
  • miscellaneous proceedings, includes:
  • alternative procedure for claims under Part 8 of the civil procedure rules
  • judicial review
  • habeas corpus proceedings
  • commercial proceedings and other specialist proceedings
  • references to the European Court of Justice
  • appeals, includes:
  • general rules
  • county court and High Court appeals
  • appeals by way of case stated
  • divisional court appeals
  • assignment of miscellaneous applications and appeals to the High Court
  • appeals to the Court of Appeal
  • appeals to the House of Lords

 

Protection of Environment and Public Health

  • legislation
  • domestic legislation
  • European legislation
  • public health administration
  • central administration
  • local administration
  • general public health provisions
  • application of the legislation to the Crown and visiting forces
  • general provisions of the Public Health Act 1936
  • general provisions of the Control of Pollution Act 1974
  • general provisions of the Public Health (Control of Disease) Act 1984
  • general provisions of the Environmental Protection Act 1990
  • general provisions of the Environment Act 1995
  • general provisions of the Clean Neighbourhoods and Environment Act 2005
  • pollution control, includes:
  • integrated pollution control
  • integrated pollution prevention and control
  • air quality and air pollution, include:
  • legislation
  • national air quality strategy
  • waste management includes:
  • powers and duties
  • unauthorised or harmful depositing, treatment or disposal of waste
  • waste management licences
  • waste collection
  • registers and information
  • appeals
  • litter and graffiti, includes:
  • provisions relating to litter
  • graffiti and other defacement
  • motor salvage
  • accumulations of rubbish
  • contaminated land
  • injurious and hazardous substances
  • genetically modified organisms, includes:
  • acquisition, importation, release, marketing and keeping of genetically modified organisms
  • activities involving genetic modification
  • statutory nuisances and noise control, includes:
  • proceedings for statutory nuisances
  • other measures relating to noise control
  • cleansing, fumigation and destruction of pests, includes:
  • cleansing of premises, articles and persons
  • prevention and control of disease, includes:
  • prevention and treatment
  • notifiable diseases
  • precautions in relation to ships and aircraft
  • precautions in relation to international trains
  • lodgings, movable dwellings and canal boat, includes:
  • tents, vans and sheds
  • licensing and cleanliness of certain premises, includes:
  • acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis
  • hairdressers and barbers
  • sanitation
  • baths, washhouses and swimming pools
  • sanitary conveniences
  • sewers and drains, includes:
  • public sewers and drains and sewage disposal
  • private sewers and drains

 

Railways, inland waterways and pipelines

  • railways legislation, includes:
  • railways byelaws
  • exercise of statutory powers
  • cognate law and legislation
  • railway infrastructure
  • construction and ancillary powers
  • particular works
  • accommodation works
  • safety, includes:
  • overview of safety legislation
  • prevention of accidents
  • notice and investigation of accidents
  • liability for accidents
  • offences and legal proceedings, includes:
  • maintenance of order: offences and penalties
  • summary recovery of damages and penalties
  • protection of creditors
  • independent railway companies
  • railways in London
  • London Regional Transport
  • control over London passenger transport services
  • pipelines, includes:
  • control of construction
  • compulsory acquisition of land
  • safety requirements

 

Real Property – the term ‘property’ is used to denote either rights in the nature of ownership or the corporeal things, whether lands or goods, which are the subjects of such rights. ‘Real’ denotes that the thing itself, or a particular right in the thing, may be specifically recovered; and, since originally specific recovery was only allowed in cases where the claimant was entitled to a freehold interest, ‘real property’ denotes (1) land and things attached to land so as to become part of it; and (2) rights in the land which endure for a life or were, under the law before 1926, inheritable, whether these involve full ownership or only some partial enjoyment of the land or the profits.

  • the common law
  • the influence of equity
  • copyhold enfranchisement
  • the property legislation of 1925
  • the Trusts of Land and Appointment of Trustees Act 1996
  • statutory restriction of proprietary rights
  • land and interests in land
  • corporeal and incorporeal rights
  • chattels identified with real estate
  • legal estates
  • the fee simple absolute
  • estate for years
  • equitable interests, includes:
  • determinable fees
  • entailed interests
  • future interests
  • enforcement of equitable interests
  • co-ownership, includes:
  • joint tenancy
  • coparcenary
  • tenancy by entireties
  • acquisition, transfer and extinction of title
  • capacity to hold and transfer land
  • transfer inter vivo
  • extinction of title
  • actions for the recovery of land, includes:
  • jurisdiction
  • procedure

 

Receivers

  • the office, functions and liabilities of a receiver, includes:
  • appointment by the court
  • powers and duties of a receiver
  • liabilities of a receiver
  • accounting, discharge and sureties, includes:
  • receiver’s accounts
  • allowances
  • default in accounting
  • position of sureties
  • managers
  • appointment
  • powers, indemnity, remuneration and discharge of manager

 

Rentcharges and Annuities

  • nature of rentcharges and annuities, includes:
  • nature of a rentcharge
  • nature of an annuity
  • satisfaction
  • creation, duration and charge, includes:
  • creation of rentcharges
  • creation of annuities
  • capital or income
  • payment and remedies, includes:
  • interest on arrears
  • recovery of rentcharges
  • recovery of annuities
  • extinguishment of rentcharges and annuities

 

Road Traffic

  • legislation and administration
  • road traffic and highway legislation
  • administration and finance
  • passenger services
  • constitution and jurisdiction of the transport tribunal
  • disabled persons transport advisory committee
  • construction of vehicles, includes:
  • construction, equipment and maintenance of vehicles
  • plates, markings, testing and inspection
  • lighting of vehicles
  • pedal cycles
  • horse-drawn vehicles
  • driving instruction, includes:
  • the legislation
  • examinations and tests of ability to give driving instruction
  • requirements for disabled instructors
  • general provisions
  • driver licensing, includes:
  • licensing of drivers of vehicles generally
  • newly-qualified drivers
  • vehicle registration, includes:
  • legislation
  • exhibition of licenses and registration marks
  • trade licences
  • visiting vehicles
  • use of vehicles, includes:
  • legislation and administration
  • laden weight
  • trailers and sidecars
  • use of motor vehicles for the carriage or haulage of dangerous goods
  • control of noise
  • avoidance of danger
  • duties of drivers
  • driver information systems
  • testing and type approval of vehicles, includes:
  • issue of test certificates
  • examiners and inspectors
  • road traffic regulation, includes:
  • crossings and playgrounds
  • parking
  • traffic signs
  • speed limits
  • control and enforcement
  • insurance against third party liabilities
  • offences and legal proceedings, includes:
  • offences and penalties
  • public passenger vehicles
  • the legislation
  • public service vehicles
  • road passenger transport
  • offences and legal proceedings
  • goods vehicles, includes:
  • goods vehicle licensing
  • passenger and goods vehicles drivers’ hours and records, includes:
  • recording equipment (tachographs)
  • records on domestic driving or work
  • control procedures and inspection
  • taxis and private hire vehicles, includes:
  • the legislation
  • taxis outside London
  • omnibus outside London
  • taxis in London
  • private hire vehicles in London, includes:
  • London operators’ licences
  • licence applications and fees
  • suspension, revocation and variation of licences
  • powers and duties of licensing authorities
  • tramways, includes:
  • Tramways Act 1870
  • Light Railways Act 1896
  • Transport and Works Act 1992
  • other legislation relating to tramways
  • international road traffic, includes:
  • international circulation of motor vehicles
  • control of foreign vehicles
  • international transport of passengers and goods

 

Restitution – the law of restitution is that part of the law which is concerned with reversing a defendant’s unjust enrichment at the claimant’s expense.

  • the structure of the modern law
  • mistake, includes:
  • mistake of fact
  • mistake of law
  • defences
  • proprietary claims
  • improvements, contracts and misrepresentation
  • duress, undue influence and inequality, includes:
  • unconscionable bargains
  • ultra vires demands by a public authority
  • discharge of debts, includes:
  • compulsory discharge of another’s debt
  • contribution
  • total failure of consideration, includes:
  • contracts discharged by breach
  • contracts discharged by frustration
  • void contracts
  • claim by the party in breach to recover money paid
  • defences
  • quantum meruit and quantum valebat, includes:
  • discharge for breach: the claim of the innocent party
  • discharge for breach: the position of the party in breach
  • void and unenforceable contracts
  • free acceptance of goods or services
  • defences
  • necessity
  • incapacity
  • receipt of the claimant’s property
  • restitution for wrongs, includes:
  • benefits acquired by fraud
  • benefits acquired by breach of confidence
  • waiver of tort and election between remedies
  • defences, includes:
  • change of position
  • estoppel
  • bona fide purchase
  • illegality
  • incapacity

 

Sale of Goods and Supply of Services – sale is the transfer by mutual assent of the ownership of a thing from one person to another for a money price. Where the consideration for the transfer consists of other goods or some other valuable consideration (not being money), the transaction is called exchange or barter, although in certain circumstances it may be treated as one of sale.

  • legislation relating to the sale of goods and supply of services
  • cognate law
  • the contract, includes:
  • contracts within the Sale of Goods Act 1979
  • contracts within the Supply of Goods and Services Act 1982
  • formalities of the contract
  • agency and brokers
  • prohibited sales
  • the price
  • conditions and warranties
  • effects of the contract
  • transfer of the property from seller to buyer
  • defect in title
  • performance of the contract
  • general duties of seller and buyer
  • delivery of the goods
  • acceptance of the goods
  • payment
  • rights of unpaid seller against the goods
  • seller’s lien
  • stoppage in transit
  • right of withholding delivery
  • resale by seller
  • breach of contract
  • remedies of the seller
  • remedies of the buyer
  • special damages, interest and failure of consideration
  • international sale contracts, includes:
  • cif contracts
  • fob, fas, for and ex-ship contracts
  • restrictions on import or export
  • bills of lading
  • uniform laws on international sales
  • consumer protection, includes:
  • EU legislation
  • regulation of consumer protection
  • rights as between the parties
  • statutory protection; in general
  • statutory protection in particular circumstances
  • consumer redress

 

Sale of Land

  • the contract and preliminary matters, includes:
  • inquiries and searches before contract
  • disclosure of material facts
  • conditions of sale and special conditions
  • sales under orders of the court
  • rights and duties prior to completion, includes:
  • proof and investigation of title
  • rights and duties with respect to the property
  • applications by vendor or purchases for summary order
  • remedies under an uncompleted contract
  • completion, includes:
  • assuring the property and discharging incumbrances
  • form of assurance of freeholds
  • form of assurances of leaseholds
  • purchase money
  • enrolment etc, stamps and notices
  • costs
  • position of the parties after completion
  • benefits enjoyed with the property sold
  • covenants for title
  • parties’ remedies after completion

 

Set-off and Counterclaim

  • the right to set-off and the right to counterclaim, includes:
  • abatement at common law
  • set-off at law
  • equitable defence
  • the modern right of set-off
  • counterclaims and associated claims
  • pleading and practice
  • pleading a set-off, counterclaim or associated claim
  • service, acknowledgement, striking out etc
  • responding to a set-off, counterclaim or associated claim
  • interlocutory matters
  • judgment
  • costs
  • offers and payments into court

 

Settlements

  • nature and validity of settlements, includes:
  • capacity to make a settlement
  • contracts for settlements
  • consideration
  • trustees’ duties of administration
  • unauthorised transactions effected under court orders
  • settlements of land under the Settled Land Act 1925, includes:
  • settlements within the Act
  • vesting deeds and trust instruments
  • beneficial interests
  • the estate owner
  • statutory powers
  • trusts of land
  • creation of trusts of land
  • trustees of land
  • settlements of personalty
  • constitution of the settlement
  • beneficial interests
  • settlements of personalty to devolve with realty
  • capital and income and waste, includes:
  • income and capital receipts
  • adjustment of burdens between capital and income
  • adjustments of losses between tenant for life and remainder man
  • family arrangements, includes:
  • general principles
  • formalities
  • consideration
  • validity
  • effect

 

Shipping and Navigation

  • maritime legislation; administration; legal proceedings, includes:
  • conventions and legislation
  • general financial provisions
  • funding of maritime services
  • enforcement officers and powers
  • war
  • ships
  • British ships
  • vessels in commercial use for sport or pleasure
  • high-speed craft
  • fishing vessels
  • ownership
  • registration
  • hovercraft, includes:
  • civil liability
  • registration etc
  • protection of shipping and trading interests
  • protection of shipping etc interests from foreign action
  • protection of coastal shipping services
  • liner conferences, includes:
  • contents of the code of conduct for liner conferences
  • implementation of the code of conduct for liner conferences in the UK
  • masters and seamen, includes:
  • engagement and discharge of crews
  • safety, health and welfare
  • offences by seamen etc
  • inquiries into fitness or conduct
  • civil liability of seamen for offences
  • relief and repatriation; relief costs
  • handing over of documents by master
  • safety, includes:
  • safety and health on ships
  • special provisions
  • assistance at sea
  • unsafe ships
  • temporary exclusion zones
  • power to require ships to be moved
  • control of, and returns as to , persons on ship
  • offences against the safety of ships etc
  • pilot age and towage
  • collisions, includes:
  • the Collision Regulations 1972
  • duties after collision
  • negligence causing damage; division of damage or loss in proportion to fault
  • rights and remedies of injured parties
  • collision as affecting salvage
  • salvage and wreck
  • lighthouses, includes:
  • lighthouse authorities
  • functions of general lighthouse authorities
  • inspection by the Secretary of State
  • general light duties
  • disclosure of information
  • financial and administrative provisions
  • offences in connection with lighthouses, buoys, beacons etc
  • pollution, includes:
  • Prevention of Oil Pollution Act 1971
  • Merchant Shipping Act 1995
  • deposits in the sea
  • dumping of sludge
  • accident investigations and inquiries
  • marine accident investigations
  • formal investigations into marine accidents
  • inquiries into and reports on deaths and injuries
  • carriage of goods by sea, includes:
  • charter parties
  • bills of lading and other shipping documents
  • the voyage
  • payment of freight
  • general average
  • carriage under the Carriage of Goods by Sea Act 1971
  • liens on ships, freight and cargo
  • maritime liens
  • statutory and possessory liens
  • ranking of liens
  • enforcement and extinction of liens
  • carriage of passengers
  • the contract of carriage generally
  • international carriage
  • limitation of liability of shipowners etc
  • in general
  • exclusion of liability
  • multiple fault; apportionment, liability and contribution
  • time limit for proceedings against owners or ship
  • application to the Crown and its ships
  • requirements for insurance or security

 

Solicitors

  • solicitors’ profession and qualifications, includes:
  • legislation and regulation of the profession
  • the Law Society
  • training and qualification
  • practising certificates
  • rights, privileges and liabilities of solicitors, includes:
  • right to practise
  • provision of legal services; rights of audience and rights to conduct litigation
  • liability to third parties
  • solicitor and client, includes:
  • authority of solicitor
  • solicitor’s obligations towards his client
  • remuneration of solicitors; costs, includes:
  • amount regulated by law
  • delivery of bill of costs
  • taxation of bill of costs
  • solicitor’s remedies for costs
  • lien
  • liabilities of solicitors as officers of the Supreme Court, includes:
  • liability on undertakings given as a solicitor
  • liability to pay over clients’ money
  • liability to committal
  • partnerships between solicitors, includes:
  • multi-national partnerships
  • incorporated practices, includes:
  • management etc
  • disciplinary control of recognised bodies
  • legal agents
  • employment of agent
  • relations between agent and client of principal solicitor
  • relations between agent and principal solicitor
  • relations between agent and opposite parties
  • profit sharing with foreign lawyers
  • solicitors’ professional discipline, includes:
  • the handling of clients’ money
  • compensation for clients
  • practice rules
  • offences relating to unqualified persons etc, includes:
  • offences under the Solicitors Act 1974
  • offences relating to recognised bodies
  • legal executives
  • licensed conveyancing, includes:
  • authorisation in respect of rights of audience etc
  • code of conduct
  • disciplinary and other proceedings

 

Specific Performance – equitable relief, given by the court to enforce against a defendant the duty of doing what he agreed by contract to do; a plaintiff may, therefore, obtain judgment for specific performance even though there has not, in the strict sense, been any default by the defendant before the issue of the writ.

  • general limits of jurisdiction
  • application to particular contracts
  • defences to claims for specific performance, includes:
  • contract not included
  • contract concluded at law; uncertainty in equity
  • illegality of the contract
  • hardship
  • misrepresentation, fraud and mistake
  • defects in subject matter of contract
  • rescission or variation of the contract
  • lapse of time
  • public policy
  • proceedings for specific performance, includes:
  • institution of proceedings
  • proceedings for summary judgment
  • relief
  • specific performance with compensation
  • damages with or instead of specific performance
  • relief after judgment

 

Social Services and Community Care

  • introduction to social services and community care, includes:
  • training and research
  • local and central authorities
  • community care services, includes:
  • welfare arrangements
  • residential accommodation
  • residential care homes
  • registration
  • conduct, control and records
  • chronically sick and disabled persons
  • removal of persons and protection of property

 

Theatres and other Forms of Entertainment

  • places of entertainment
  • entertainments
  • employment
  • theatres and cinemas
  • theatres and plays
  • cinemas
  • musical and similar entertainments, includes:
  • public entertainments in Greater London
  • public entertainments outside Greater London
  • private places of entertainment
  • sports entertainments
  • sports in general
  • football matches
  • licensing and restriction of other forms of entertainment, includes:
  • night café licensing in London
  • demonstrations of hypnotism
  • registration of door supervisors in London
  • video recordings
  • statutory control of video recordings
  • offences and proceedings

 

Time

  • the divisions of time
  • the year
  • divisions shorter than a year
  • the legal time
  • general holidays and Sundays
  • computation of time, includes:
  • calculation of a prescribed period of time
  • period on expiration of which an act may be done
  • fractions of a day
  • special rules affecting executive and judicial acts

 

Tort

  • the general law of tort
  • nature and definition of tort
  • hybrid or ambiguous forms of liability
  • the conjunction of damage and injury
  • liability in tort
  • joint and several tortfeasors: indemnity
  • remedies and defences
  • specific torts
  • libel and slander
  • misrepresentation and negligent statements
  • negligence and breach of statutory duty
  • nuisance and associated torts
  • trespass and associated torts
  • tort and employment
  • independent contractors and other persons’ employees
  • liabilities between employer and employee
  • liabilities to third persons
  • liabilities of third persons
  • public officers and public authorities
  • tort and human rights

 

Trade Marks and Trade Names – this title deals primarily with registered trademarks and passing off. Registered trademarks can be either UK registered trademarks, or the recently introduced Community trademarks which are applied for in respect of, and have effect throughout, the territory of the EC.

UK registered trademarks (including protected international trade marks (UK)), includes:

  • administration
  • requirements for registration of UK trademarks and protected international marks
  • surrender, revocation, invalidity, alteration and rectification
  • groundless threats of infringement proceedings
  • offences
  • importation; powers of the commissioners of customs and excise
  • collective marks
  • certification marks
  • community trade marks, include:
  • administration
  • requirements for registration
  • effects of community trade marks
  • national actions relating to community trade marks
  • community trade marks as objects of property; assignment and licensing
  • procedure in the office
  • passing off
  • the elements of passing off
  • establishing passing off
  • specific topics
  • procedure relating to trademarks and passing off, includes:
  • procedure on application for registration of trade mark or protection of international mark
  • appeals and High Court applications
  • actions for infringement and passing off
  • relief
  • hallmarks, business names, arms and emblems, includes:
  • proof and marking of gun barrels
  • control over business and company names
  • use of royal arms
  • use of armorial bearings
  • use of Red Cross and military emblems

 

Trusts

  • nature and creation of trusts, includes:
  • express trusts
  • constructive and resulting trusts
  • the trust estate
  • beneficiaries under the trust
  • termination of the trust
  • trustees
  • kinds of trustees
  • appointment of trustees
  • vesting orders
  • vacation of office
  • rights of trustees
  • disabilities of trustees
  • administration of trusts
  • duties of trustees
  • powers of trustees
  • intervention by the court
  • rights and liabilities in relation to strangers to the trust
  • breach of trusts
  • liability
  • exemption under a provision in the trust instrument
  • statutory exemptions
  • relief from liability for breach of trust
  • contribution and indemnity
  • conflict of laws

 

Weights and Measures

  • legislation
  • UK legislation
  • European legislation
  • cognate law
  • administration, includes:
  • local administration; inspectors and approved verifiers
  • fees
  • units and standards of measurement
  • equipment for use for trade, includes:
  • approval and stamping of equipment
  • general specifications
  • false or unjust equipment; fraud
  • public weighing or measuring equipment
  • transactions in goods, includes:
  • scope of statutory provisions
  • power to make orders and regulations
  • exemptions
  • offences
  • selling by quantity
  • unit pricing; prescribed quantities
  • net and gross weight
  • marking of goods
  • packaged goods, includes:
  • quantity control
  • enforcement of control
  • criminal proceedings
  • prosecution of offences
  • defences

 

Wills (and Probate)

  • testamentary disposition, includes:
  • testamentary capacity
  • property capable of disposition
  • donees
  • alterations and erasures
  • revocation
  • revival
  • rectification
  • incidents and failure of gifts, includes:
  • interests which may be created
  • conditions attached to gifts
  • acceptance and disclaimer
  • ademption
  • dissolution or annulment of marriage or civil partnership
  • construction of wills
  • courts of construction
  • admissibility of evidence
  • principles of construction
  • construction of particular dispositions
  • property passing
  • persons entitled to take
  • quantity of interest taken
  • conditional gifts
  • implied gifts

 

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