BPTC Guides d'étude, Notes de cours & Résumés

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 disabi...

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...

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 decea...

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;

The extent of the duties under CDs 3 & 4 - - You must not do anything that could be reasonably be seen by the public to undermine my honest, integrity (CD3) and independence (CD4) How do my duties to act with honesty, integrity and independence relate to my duty to act in my client's best interests? - They take primacy over them. In other words, if acting in your client's best interests required you to anything inconsistent with your obligations under CD3 and $ it's a NO NO PERSONAL R...

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...

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 When does the limitation period begin when the Claimant lacks mental capacity...

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...

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 ...