SQE Study

The principles of  vicarious liability , which holds an employer responsible for the torts an employee commits due to their working relationship, even if the employer did not personally commit the wrongful act. The source clarifies that for vicarious liability to be established, the tortfeasor must be an employee, acting  in the course of their employment , and the action must not be expressly pro...

A comprehensive overview of  legal defences in tort law , primarily focusing on how a defendant can reduce or eliminate liability for harm caused.  Volenti Non Fit Injuria  is explained as a complete defence, applying when a person knowingly and willingly accepts a risk, with case examples demonstrating the required elements of knowledge and voluntary consent, particularly noting exceptions for em...

A comprehensive look at the tort of negligence, particularly focusing on the establishment of a  duty of care  and the calculation of  damages  in personal injury and death claims. Multiple case summaries illustrate when a  duty of care  exists, such as an employer's  non-delegable duty  to provide a safe work environment, contrasting with situations where public bodies, like the police, gener...

The  application of legislation  across Wales and England, focusing on the distinct law-making powers of the  Senedd Cymru (Welsh Parliament)  and the  UK Parliament (Westminster) . Laws passed by the Senedd Cymru have jurisdiction  only within Wales  and cover "devolved matters" such as education and health. Conversely,  Westminster's laws apply to both England and Wales , addressin...

A comprehensive overview of  statutory interpretation —the methods courts use to determine and apply the meaning of written law when the text is unclear or leads to problematic results. Initially, the  Literal Rule  mandates adhering strictly to the plain meaning of words, despite potential absurd outcomes, while the  Golden Rule  offers a remedy by allowing modification of the literal meaning to...

The  structure and components of statutes , which are laws formally enacted by legislative bodies like the UK Parliament or the Senedd Cymru. Acts of Parliament serve as a  primary source of law  in the UK, existing alongside and taking precedence over common law. The sources meticulously describe the structural elements of an Act, including the  short title, citation, long title, preamble, Royal...

A comprehensive overview of the  UK common law system , focusing primarily on the  Doctrine of Precedent , also known as  stare decisis . It explains that common law relies on judicial decisions and  case law , distinguishing it from code-based civil law systems. A key element discussed is the binding nature of precedent, detailing the concepts of  vertical binding effect  (higher courts bind lowe...

A  comprehensive overview of the UK's legal system , primarily focusing on England and Wales, outlining its foundational components and operational structure. The texts begin by identifying the  diverse sources of law , including legislation, common law (case law and equity), assimilated European Union law, international treaties, the Royal Prerogative, and constitutional conventions. They det...

The  scope and function of anti-avoidance provisions  within tax law, differentiating between generally legal tax avoidance and illegal tax evasion. Central to these provisions is the  General Anti-Abuse Rule (GAAR) , which is a broad tool empowering tax authorities to counteract schemes that are considered abusive or undermine the spirit of the law, regardless of their technical legality. The doc...

A detailed overview of  Stamp Duty Land Tax (SDLT)  in England and the distinct  Land Transaction Tax (LTT)  in Wales, which replaced SDLT in that region on April 1, 2018. The sources explain that both are taxes imposed on property transactions, with SDLT replacing the older Stamp Duty, which taxed documents instead of transactions. The explanation covers the applicability of SDLT and LTT to  resi...

A comprehensive overview of  Inheritance Tax (IHT)  in the UK, detailing the process for calculating liabilities both upon death and for lifetime transfers. The texts explain key concepts such as the  Nil Rate Band (NRB)  and the  Residence Nil Rate Band (RNRB) , which allow for a substantial portion of an estate to be tax-free, and outline the general IHT rate of  40% . Furthermore, the documents...

An extensive overview of the  Value Added Tax (VAT)  system, defining it as a consumption tax levied on goods and services, collected by businesses for the government. It thoroughly explains the core concepts of  Output VAT  (tax charged on sales) and  Input VAT  (tax paid on purchases), detailing how businesses calculate the net amount payable or reclaimable from  HM Revenue and Customs (HMRC) ....

A comprehensive guide to  Corporation Tax  in the UK, detailing its application to company profits, including trading income, investments, and capital gains. It explains the current progressive tax structure introduced post-April 2023, which includes a  Small Profit Rate  (19%), a  Main Rate  (25%), and a  Marginal Relief  mechanism to smooth the transition between the two rates. The text outlines...

A comprehensive guide to understanding and calculating  trading profits  and applying  trading loss reliefs  for businesses in a tax context. The first source details the calculation of trading profits, distinguishing them from income and capital profits, and explaining the formula which involves  chargeable receipts ,  deductible expenditure , and  capital allowances  such as the Annual Investmen...

A comprehensive overview of  Capital Gains Tax (CGT) , covering its fundamental components, calculations, and various reliefs. The first source defines CGT as a tax on the  "gain"  made by a  "chargeable person"  from the  "disposal"  of a chargeable asset, detailing who is liable, such as individuals, sole traders, and partners. The second source outlines key  exempt...

A comprehensive overview of  UK Income Tax rules and calculation methods , primarily aimed at legal candidates preparing for the Solicitors Qualifying Examination ( SQE ). The documents explain the  basis of charge  for various entities, such as sole traders and partners, detailing how different income types, including non-savings non-dividend ( NSND ), savings, and dividends, are categorized and...

The essential  requirements for law firms  concerning the management and reconciliation of client accounts. Specifically, law firms must  obtain bank statements  for all client and business accounts from financial institutions at least every five weeks to ensure they have current financial information. Furthermore, firms are mandated to  perform a reconciliation  of all client accounts every five...

An extensive overview of  Value Added Tax (VAT)  regulations for law firms, focusing specifically on billing clients for professional charges and disbursements. The documents establish that solicitors must  separately itemise professional fees, disbursements, and VAT  on invoices and that any bill reductions require  proportional VAT recalculations . Crucially, the sources differentiate between  t...

An outline of the stringent requirements for solicitors regarding the management of client money, focusing heavily on  transparency and accountability  through the SRA Accounts Rules. A central requirement is the  mandatory obtaining and delivery of an accountant’s report  within six months of the accounting period's end, serving as independent verification that client funds have been safeguar...

An extensive overview of  Third-Party Managed Accounts (TPMAs) , which solicitors can use to hold client funds via an independent, authorized provider, acting similarly to an escrow service. The text explains that because the solicitor does not directly hold the money, TPMA funds are  exempt from standard SRA Accounts Rules  but require solicitors to fulfill specific  due diligence and client comm...

A detailed examination of how solicitors manage client funds through two distinct mechanisms:  Joint Accounts  and the  Operation of a Client's Own Account .  Joint Accounts  are typically used in estate administration, involving shared control and responsibility between the solicitor and the client or third party, and though not classified as a traditional "client account," the fund...

A comprehensive overview of the  Solicitors Regulation Authority (SRA) Accounts Rules , focusing on the rigorous standards for managing client funds in the legal profession. Key requirements include the  strict separation of client money from business money  in designated client accounts, mandated by Rule 4.1, to protect client interests and maintain public trust. The documents define crucial term...

An extensive overview of  planning law in England and Wales , focusing on the rules governing land development and use, which are primarily based on the  Town and Country Planning Act 1990 . It explains that  "development"  generally requires planning permission, defining it as either  operational development  (physical changes) or a  material change of use , while detailing specific exe...

A comprehensive overview of  leasehold law , focusing on the granting, management, assignment, and termination of commercial leases. The documents explain the  fundamental structure of a lease , detailing crucial clauses such as repair obligations, rent review mechanisms, and restrictions on  alienation  (transferring the leasehold interest). Significant attention is given to the  procedural steps...

A detailed overview of the English and Welsh property  conveyancing process , the legal procedure for transferring property ownership. The texts distinguish between  freehold and leasehold ownership  and structure the conveyancing timeline into five key stages: pre-contract, exchange, pre-completion, completion, and post-completion. Significant focus is placed on the  pre-exchange stage , detailin...