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where does solicitor sign and date the particulars of claim? -
correct answer ✅underneath the claim for interest
what is the phrasing for claiming interest in the County Court? -
correct answer ✅The claimant claims interest on the damages
awarded under section 69 of the County Courts Act 1984 for such
period and at such rate as the court thinks fit.
what is the phrasing for claiming interest in the High Court? -
correct answer ✅The claimant claims interest on the damages
awarded under section 35A of the Senior Courts Act 1981 for such
period and at such rate as the court thinks fit.
what is the phrasing for claiming interest on a specified claim? -
correct answer ✅The claimant claims interest at a rate of X% per
year pursuant to clause X of the written contract from DATE to DATE
(X days) amounting to £X and continuing at the rate of £X per day
until judgment or earlier payment.
what is the wording for a statement of truth? -
correct answer ✅I believe that the facts state in these X are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false statement
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in a document verified by a statement of truth without an honest
belief in its truth."
If needed: I am duly authorised by the Claimant to sign this
Statement - eg where claimant is company and being signed by
director of co
what is the act for claiming interest for a late payment of
commercial debt? -
correct answer ✅The Late Payment of Commercial Debts (Interest)
Act 1998
what is the practice direction of the CPR that outlines rules relating
to witness statements -
correct answer ✅Practice Direction 32
name 7 requirements of a witness statement -
correct answer ✅1. name, address, occupation of witness and if it
is an employee of any party
2.should describe the process by which it has been prepare - face-
to-face, over the telephone, through an interpreter
3. drafted in witness own language
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4. expressed in first person
5. must be in the witness' own words
6. state where any source of info is from someone else: identified
by name
7. numbers should be expressed as FIGURES not words
what is the phrasing used for indemnity covenants in panel 11 of
TR1 - sale of freehold -
correct answer ✅The transferee covenants with the transferor to:
11.1 (by way of indemnity only) observe and perform the covenants
referred to in entry X of the charges registers of title number XXXX
('the Covenants') so far as they are subsisting and capable of taking
effect; and
11.2 indemnify the transferor against any liability incurred for any
breach of non-observance of the Covenants occurring after the
date of this transfer.
what is the phrasing used for indemnity clause in panel 11 of TR1
for assigning a lease? -
correct answer ✅The transferee covenants to indemnify the
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transferor against any liability for any future breach of the tenant's
covenants in the Lease and to perform such covenants from and
after the date of this transfer.
what is the phrasing for a modification clause in panel 9 of TR1 to
assign lease -
correct answer ✅The covenants for title set out in section 4 of the
Law of Property (Miscellaneous Provisions) Act 1994 will not extend
to any breach of the tenant's covenants relating to the physical
state of the property contained in the lease dated [DATE] and made
between (1) [the LANDLORD] and (2) the transferor ("the Lease").
draft a special condition in contract for sale for appointing a second
trustee -
correct answer ✅The seller shall in the transfer to the buyer
appoint [name of new trustee] to be a trustee of the transfer in
place of [name] who died on [date] and jointly with the seller for
the sole purposes of acknowledging receipt of the purchase price.
The second trustee appointed will give no title guarantee in the
transfer.'
draft special condition in contract of sale about existing defective
title insurance policy (for unknown covenants) -
correct answer ✅The property is sold subject to the covenants in a