BPTC Study guides, Class notes & Summaries

What is CD1 and how does it relate to other CDs? - I owe a duty to the court to act independently in the interests of justice. This duty overrides any inconsistent obligations you may have other than obligations under criminal alw. What 5 requirements does CD1 impose on you as a barrister? I must... - 1. I must not knowingly or recklessly mislead the court 2. I must not abuse my role as an advocate 3. I must take reasonable steps to avoid wasting the court's time 4. I must take reasonabl...

What are CD2, CD6 and CD7? - - I must act in the BEST INTERESTS of each client - I must keep the affairs of each client CONFIDENTIAL - I must provide a COMPETENT standard of work and service to each client How Core Duty 2 relates to other Core Duties? - Your duty to act in the best interests of each client is subordinate to your duty to the court in the administration of justice, duty to act with honesty and integrity and duty to act independently To whom do I owe the duties under CD 2, 6,...

What is the general rule regarding Beneficiaries of Trustees in a claim? - Beneficiaries do not need to be added as a party when a claim is brought against them. Any judgment or order is binding on the beneficiary unless the court orders otherwise. What happens when a person who had an interest in a claim dies and they have no personal representative? - The court can order the claim proceeds in the absence of a representative, or a person is appointed to represent the estate of the deceased...

Circumstances where you must NOT NOT NOT accept Instructions - You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and ...

If the contract was breached at on 20th August when does the time begin to run? - 21st August When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday When does the limitation period begin when the Claimant lacks mental capacity? - Time does not start to run against them at the time of the cause of action. If the Claimant's disabili...

Circumstances where you must NOT NOT NOT accept Instructions You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and on...

What is CD1 and how does it relate to other CDs? - I owe a duty to the court to act independently in the interests of justice. This duty overrides any inconsistent obligations you may have other than obligations under criminal alw. What 5 requirements does CD1 impose on you as a barrister? I must... - 1. I must not knowingly or recklessly mislead the court 2. I must not abuse my role as an advocate 3. I must take reasonable steps to avoid wasting the court's time 4. I must take reason...

Define Limitation Period - The period within which a person who has a right to claim against another must start court proceedings to establish that right. The expiry of which may be used as a defence. When does the limitation period begin when the Claimant is a child at the date of the cause of action? - Time starts to run on the Claimant's 18th Birthday- S 28 LA 1980. For PI cases add 3 years, I.e. 21st Birthday

Circumstances where you must NOT NOT NOT accept Instructions - You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client;

What are CD2, CD6 and CD7? - - I must act in the BEST INTERESTS of each client - I must keep the affairs of each client CONFIDENTIAL - I must provide a COMPETENT standard of work and service to each client How Core Duty 2 relates to other Core Duties? - Your duty to act in the best interests of each client is subordinate to your duty to the court in the administration of justice, duty to act with honesty and integrity and duty to act independently To whom do I owe the duties under CD 2...