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Pokémon Red and Blue/To Lavender Town. Vermilion City. Your next destination is Lavender Town. The fastest way there is via Route 11, to the east of Vermilion City. Route 11. This Route has paved pathways, lots of tall grass, and no fewer than 10 enemy Trainers. The small cave you see at the beginning of the Route does not lead to Lavender Town, so skip that for now. Towards the east end of the Route you will see an enemy Trainer looking at a bush. If you examine this bush, you will find an Escape Rope. You will reach a small gatehouse at the east end of the Route. Be sure to go upstairs, as there you will find one of Professor Oak’s assistants. Check the “Owned” number in your Pokédex. If this number is 30 or more, talk to him and he will give you the Itemfinder, which helps pinpoint the locations of hidden items. You will also find an individual willing to trade a Nidorido for a Nidorida. Continue east. Route 12. Uh oh… what’s this? It seems that a giant Pokémon called Snorlax has fallen asleep in the most inconvenient spot in all of Kanto. You will need a special item to wake him that you do not have. We must turn back, unfortunately. Go back down Route 11, and this time enter the small cave you passed by earlier. Diglett’s Cave. This small cave is a straight line (well, a diagonal line) connecting Vermilion City to Route 2. It is completely featureless except for the prodigious amount of wild Diglett you will encounter. A Flying-type Pokémon may be your friend here. Route 2. You will emerge from the cave not far from the north entrance to Viridian Forest. Except, this time, you are located on the other side of those maddening Cut trees you saw when you first came through here. Go due south from the cave entrance. Inside the house, you will find a man who wants an Abra. These common but obnoxious Pokémon flee whenever you try to battle them. If you happen to have a spare one (that hasn’t evolved), you can trade your Abra for Mr. Mime, the only Mr. Mime in the game. Continue south. Inside the larger building, you will find another of Professor Oak’s aides. If you have a full team of six, plus at least four Pokémon in the PC box (ten or more Pokémon overall), talk to him and he will give you HM 05 (Flash). You will need this soon. South of there, you will find an HP Up and after that a rare Moon Stone. At this point, since you’re in the neighborhood, let’s do a bit of backtracking. Since you now have Cut, you can destroy the Cut trees to travel around (rather than through) Viridian Forest. Viridian City. Remember this place? The Gym is still closed. But that’s OK; we’re here for something else. In the southwest corner of the city is a pool of water and a man behind a Cut tree. Destroy this Cut tree and talk to him. He will give you TM 42 (Dream Eater). Now head back north. Pewter City. Remember the back door to the Pewter City museum? We can now get into that, too. Destroy the Cut tree and enter the building. Inside, one of the researchers will give you an Old Amber. This item works just like the Dome Fossil and the Helix Fossil you saw back in Mt. Moon. If you take this item to a lab in a distant town, you will receive a Pokémon found nowhere else. You now need to return to Cerulean City. You can either go east through Mt. Moon, or back through Diglett’s Cave and north using the underground tunnel. Cerulean City. Exit east this time. You will find a Cut tree; dispose of it. Route 9. This Route has a lot of ledges and a lot of enemy Trainers. You will have to take a roundabout path to reach the patch of tall grass you may see just after entering the Route. Due south of the first enemy Trainer, you will find TM 30 (Teleport). If you do wander about in the tall grass on this route, be sure to examine the lone tree at the end of the ledge. You’ll find an Ether hidden there. Route 10. Now this is interesting. There is only one enemy Trainer on this route, but if you go all the way south you can see a huge building. This is the Power Plant. Sadly, the only way you can reach the Power Plant is via the river that runs down the east end of this Route, but you can’t swim. Remember this place well, though, as a Legendary Pokémon hides within it. You will find a Super Potion hidden in the cliff face immediately to the east of the cave entrance. Rock Tunnel. Get ready for another cave. Unlike Mt. Moon, however, you can’t see a thing! It’s pitch black in here. This is the place where the HM for Flash comes in handy. Teach it to a Pokémon and use it to light up the cave. There is little to do in this area except move through it or stay and catch Pokémon. Here is the fastest path to the other side: Route 10 (southern part). You will emerge from the cave right next to an enemy Trainer. Go east instead and search the very conspicuous rock to find a Max Ether. Then go south and you’ll finally reach Lavender Town. Lavender Town. Finally, a Pokémon Center! Be sure to check out the Poké Mart here, as it sells several new items. This includes the Great Ball (more effective at catching a Pokémon than a regular Poké Ball) and the object called a Revive (use it on a fainted Pokémon and it will un-faint and regain half its health). In the southeast of the three houses in this town, you will find a man called the Name Rater. This apparent eccentric actually serves a very useful purpose: editing (or adding) the nicknames you give to Pokémon when you catch them. The house at the center of town is the residence of a kind old man named Fuji. He has mysteriously disappeared. The large tower to the northeast is Pokémon Tower. You are not intended to explore the tower at this point in the game. If you do, you will run into a rival battle (balanced for a more powerful team than yours is now), and past that you will find that the ghosts inhabiting the tower make progress impossible. You will have to come back later.

Bengali/Script/Symbols 1. Modifiers and others. ঃ "-h" and ং "-ng" are also often used as abbreviation marks in Bengali, with ং "-ng" used when the next sound following the abbreviation would be a nasal sound, and ঃ "-h" otherwise. For example, ডঃ "ḍôh" stands for ডক্টর "ḍôkṭor" "doctor" and নং "nông" stands for নম্বর "nômbor" "number". Some abbreviations have no marking at all, as in ঢাবি "ḍhabi" for ঢাকা বিশ্ববিদ্যালয় "Ḍhaka Bishshobiddalôe" "Dhaka University". The full stop can also be used when writing out English letters as initials, such as ই.ইউ. "i iu" "E.U.". The "jôphôla" is sometimes used as a diacritic to indicate non-Bengali vowels of various kinds in transliterated foreign words. For example, the schwa is indicated by a "jôphôla", the French u and the German umlaut ü as উ্য, the German umlaut ö as ও্য or এ্য, etc. The apostrophe, known in Bengali as ঊর্ধ্বকমা "urdhokôma" "upper comma", is sometimes used to distinguish between homographs, as in পাটা "paţa" "plank" and পা'টা "paţa" "the leg". Sometimes a hyphen is used for the same purpose (as in পা-টা, an alternative of পা'টা).

Pokémon Red and Blue/Rainbow Badge. Route 8. When you’re ready to leave Lavender Town, use the west exit. (The south exit will take you past a lot of water and bridges until you get stuck at that same Snorlax you saw earlier.) Head due west on Route 8. If you follow the paved road, you will encounter seven enemy Trainers on the way, plus two more in the clearing at the end. There is tall grass here, but you will need to remove Cut trees to access it. At the west end of Route 8 you find a third entrance to Saffron City — and you can’t get in this way, either! This is getting to be annoying. Thankfully, the smaller house nearby contains another underground tunnel, like the one that you traveled through on your way to get the Thunder Badge. There are two items hidden here as well. The first item, a Nugget, can be found in the bottommost “row” of tiles, thirty-five tiles west of the entrance. The other, an Elixir, can be found in the second row, nineteen tiles east of the west exit. Route 7. Route 7 is a very small Route on the west side of Saffron City. You’ll find one last entrance to the city here, blocked off as usual. Saffron City is completely inaccessible for some reason. Your only clue as to why are that the guards blocking your way are thirsty. What might that mean? Pass by the patch of tall grass and head northwest to enter Celadon City. Celadon City. This large city is home to several tourist attractions: the Celadon City Gym, the Department Store, and the Game Corner (casino). As you enter, go around the back of the Pokémon Center and west after you pass through the tree line. The next gap in the trees that you will see is a back entrance to that building. Head all the way up to the top floor and you will reach a person who will give you an Eevee, the only one in the game. Eevee is notable for having three different evolutions (and even more in later generations), but it does not evolve on its own. To evolve an Eevee, use any evolutionary stone on it except for the Moon Stone, which Eevee does not respond to. Conveniently enough, you can buy these stones at the Department Store. If you enter through the front door of that building, you will reach Game Freak. This recurring trope in Pokémon games has a man waiting to give you a prize if you can show him a Pokédex with all 151 Pokémon “seen” in it. This is blatantly impossible. Pokémon #151, Mew, is what is called an event legendary. These Pokémon were only released at certain limited-time real-world events back in the 1990s. It is impossible to catch a Mew today, and you will need one to satisfy this man. Just forget about it. Skip the Game Corner for now. We’ve got a Gym to beat. Celadon City Gym. This Gym is very small. Erika, the Gym Leader, is standing inside an enclosed area at the top of the room along with three other enemy Trainers. There are four more around the perimeter of this area. You will need to dispose of a Cut tree to get to the Gym Leader. As always, see the Enemy Trainers section of this guide for information on the Pokémon you will encounter in this Gym. Boss — Erika (•2871 reward) After you defeat Erika, you will receive the Rainbow Badge as well as TM 21 (Mega Drain). Possession of the Rainbow Badge grants you the ability to control traded Pokémon up to level 50.

Pokémon Red and Blue/Rocket Hideout. Don’t even think about leaving Celadon. If you try to exit to the west, you will find another extremely inconveniently placed sleeping Snorlax. Instead, let’s look at the town’s other attractions. There is something fishy going on in this town. Go to the local diner (in the southeast) and chat up the clientele. Something very suspicious indeed, and no one can agree on what. If you try the shipping warehouse next door, you will learn that this depot is shipping over 2,000 Pokémon a month, most to be given as prizes at the Game Corner. One of the men says that any suspicious activity has "absolutely nothing" to do with the man standing in front of the poster inside the Game Corner. Nothing at all! The fool. Go to the Game Corner. Talk to the man. He will turn out to be a Rocket. Defeat him and he will flee. Now examine the poster he was standing in front of, and a staircase will magically appear to the east. Welcome to… The Rocket Hideout. You’ve stumbled upon Team Rocket’s secret base! It is your responsibility as protagonist to thwart whatever evil schemes Team Rocket might be planning. Let’s get to it! This is a large area, with many branching paths, and many hidden items. Team Rocket must be running some very profitable scams, as virtually every item in their base is rare or valuable. Rooting out Team Rocket completely will take a lot of time because their base is something of a labyrinth. If you follow this path, you will defeat every Rocket and collect every item in the area, and then defeat the mob boss leading this whole operation. Go south into the large hallway. To the west is a Rocket, and, in the room behind him, an Escape Rope. To the east there is a room guarded by another Rocket. There is nothing in this room except a strange door that you cannot open. This will be your exit from the hideout once you’re finished here. In between these two rooms you will find an area with many potted plants. Examine the bottommost plant on the right side to find a hidden PP Up. Now go down the stairs to the second level. You will now see one of the game’s most complex puzzles: directional pads. After you defeat the Rocket standing near the stairs, look at the area between the walls. Directional pads have arrows on them, and if you step on one, you will be launched in that direction, traveling in a straight line until you either hit another directional pad, or a stop pad that looks like four squares. Here is a path through this maze that will enable you to collect every item within it: These stairs will take you to a large room on the entry level. There are two Rockets and a Hyper Potion here. To get out of the maze, step on the pad that leads up and you will be deposited back at the entrance. Now go down to the next floor. Getting the Lift Key. When you arrive, go south to find a Rocket and TM 10 (Double-Edge) in a dead end. Go to the west, through the small opening… and find another directional pad maze. Fortunately, this one is much simpler. As you exit the maze you’ll fight a Rocket. Head south from him through the opening, then go northeast, where you will find another set of stairs. Take them down to the bottommost floor. In this corridor, go south. You will find a room where there is a table with an HP Up on it. Now go north. Go around the table to the south and you will find TM 02 (Razor Wind). The next Rocket you fight was instructed to guard a valuable item: the Lift Key. Problem is, where’s the lift to use it on? Using the Lift Key. Return to the floor where the first giant pad maze was. Traverse the maze as before until you get to the stairs, but don’t take them this time. Continue on instead and you will reach an elevator. This elevator will take you to the first, second, or fourth floors of the hideout. First, let’s make a shortcut. Choose the first floor and go north past the Rocket. Once you defeat him, the large metal door you saw earlier will open, allowing you easy access to the entrance of the base. Now might be a good time to use the Pokémon Center, as we have a boss coming up. Once you are prepared, return to the elevator and choose the fourth floor. Look at what we have here: a locked door with two Rockets guarding it. Something important must be inside. Before you take them on, check the room to the southwest to find an Iron. Defeat both Rockets and the door will open, allowing you to invade the boss’s office. Boss — Giovanni (•2871 reward) Once you teach Team Rocket’s leader a lesson, he will give you something called the Silph Scope. Giovanni will then escape, to plot and scheme another day. Before you leave the area, examine the computer Giovanni was standing in front of to find the last item here, a Super Potion.

Transportation Planning Casebook/Fast(er) Rail in NSW. Summary. The New South Wales (NSW) Faster Rail Program is a significant government initiative to improve regional rail services and reduce travel times between regional centres and Sydney, Australia's largest city. The program, officially announced by the NSW government in November 2020, is part of the government's broader transport infrastructure plan and includes upgrading existing rail infrastructure and introducing new rail lines to provide passengers with faster and more reliable services . The program includes several key projects, such as upgrading the North Coast Line between Sydney and Brisbane, constructing a new rail line between the Western Sydney Aerotropolis and St Marys, and introducing faster and more frequent services on several regional rail corridors. The NSW government has committed $2.8 billion towards the program, which will fund planning and design work, construction and upgrade works, and purchasing new rolling stock. The government has also indicated that it will explore other funding options, such as public-private partnerships, to support the delivery of the program. While the program is still in its early stages, the government has made progress on several fronts, including planning and design work, community engagement, and some early construction and upgrade works. The government has indicated that construction of the upgrades and new rail lines will commence in stages over the coming years, subject to the completion of planning and design work, environmental assessments, and funding arrangements. The program is expected to significantly benefit passengers, regional communities, and the broader NSW economy by improving connectivity, reducing travel times, and supporting economic growth and development. NSW Faster Rail is expected to provide several benefits to New South Wales upon its completion, including: Overall, the Faster Rail program is expected to provide significant benefits to the people of New South Wales, improving connectivity, reducing travel times, and supporting economic growth and development. Timeline of Events. Electrification and express services (~1982). In 1964, the first High-Speed train - the Shinkansen - was launched in Japan, and it seemed to be economically successful. Several European countries followed and started operating High-Speed Train services such as the French TGV in 1981. Australia also sought the possibility of the speed improvement of trains. As all Shinkansen lines are electrified, electrification is one of the keys to High-Speed Train services. In 1979, researchers revealed that electrification could accelerate the speed of trains in the case of the train line between Sydney and Melbourne. The study showed that improving speed could lead to saving travel time, energy, labour costs and maintenance costs. Therefore, a plan of electrification seemed to be proposed. Indeed, Prime Minister Malcolm Fraser supported the proposal, and the possibility of the plan was examined by the Senate Standing Committee on National Resources. However, they rejected the proposal because of economic impacts and the efficiency of energy. Although the electrification plan was rejected, the New South Wales government started operating express services by developing diesel-engine cars: XPT. The XPT connects major cities such as Sydney, Brisbane, and Melbourne, and it was launched in 1982. Power cars were placed at both ends of the train, so one power car pushes, and the other one pulls the train. Maximum speed is approximately 160km/h, slower than the British InterCity125 is it based on. The trains are capable of higher speeds, a test run shows the train could run 193km/h in 1992, but they are still limited to the 160km/h track speed. High-Speed Rail plans to connect major cities of Australia (1982~2018). Several High-Speed Train plans were proposed and rejected or abandoned in Australia. CSRIO proposed High-Speed Train between Sydney and Canberra, and the line would be operated via trains based on the French TGV. However, the plan seemed to have some financial issues. The initial costs may achieve 2.5 billion dollars, and revenue was estimated to be 120 million dollars while operation costs might be 50 million dollars. Therefore, the plan was rejected due to financial issues. The Very Fast Train (VFT) is another Australian High-Speed rail proposal. The joint venture for the project was founded in 1986, and this is a private venture. The venture proposed High-Speed Train lines between Sydney and Melbourne via Canberra as with CSRIO’s plan. To analyse the feasibility, some investigations seemed to be conducted. In 1980, the VFT venture was found to be feasible economically and technologically. However, the proposal was not supported by the government so the plan was abandoned. It may be the result of other factors. For instance, environmental impact was a concern, and the partial deregulation of aviation market making air travel more competitive. Similarly, the High-Speed train proposal from Speedrail Pty. Ltd. and abandoned due to the government’s concerns. Speedrail Pty Ltd proposed the line between Sydney and Canberra in 1993. To seek feasibility, the line was investigated again in 1999. It seemed to have several advantages such as creating job opportunities. Compared to the Very Fast Train, the joint venture showed that it was feasible without any tax reduction. However, the government rejected the plan because huge subsidies seemed to be needed. The NSW Government government and the ACT government still sought the possibility of High-Speed Train. In 1990, they show the interests toward Swedish high-speed train: the X2000 tilt train. This train is operated at over 200km/h and is manufactured and operates in Sweden. In 1995, the X2000 tilt train was trialled by the NSW government to investigate the feasibility of the train in rural areas. The trial was unsuccessful and the government concluded that the tilt train may not be suitable for the line between Sydney and Canberra. Other studies of the feasibility of the High-Speed train were conducted by Anthony Albanese, then Federal Minister for Transport and Infrastructure. This study was announced in 2010 and was released in 2013. This study examined construction costs, demand, travel times, speed, estimated distance, and carbon emissions on a proposed line between Sydney and Melbourne via Canberra. Recent NSW Faster Rail plans to connect major cities (2018~2023). In contrast to previous attempts to connect state capitals, in recent years, the NSW government's Faster Rail proposal seeks only to connect major cities in NSW and the ACT. In 2018, the New South Wales government released their vision for the next 20 years according to which they plan to create new job opportunities and encourage population growth in regional areas with Faster Rail being a key part of this. In general, transport infrastructure accelerates the economy of countries, enhances social inclusion and well-being, and creates job opportunities. In 2018, the government the plan for Faster Rail to connect major cities and allocate a budget to investigate the feasibility of the project. The investigation is still ongoing in 2023. One route, that between Sydney and Canberra, is very similar to High-Speed Rail plans proposed over the last 50 years. Map of Locations. Figure 1 shows the proposed routes and stations of Faster Rail. There are 4 potential routes for investigation: In addition to this, the New South Wales government indicates estimated travel time for the routes. Table 2 shows the travel time comparison between the current time of travel and the time in the case of Faster Rail. Policy Issues. Investment and funding issue. The NSW government has spent $87m on planning for its fast rail strategy since 2019, and has even spent about $100m on the project's feasibility study, while expanding infrastructure investment and the COVID-19 pandemic have increased the state's debt. The future faster railway plan is expected to require significant investment, such as improving infrastructure and purchasing efficient power systems to increase the speed and energy efficiency of trains. The government needs to consider how to raise funds and sources of funds as well as how to ensure the effective utilisation of funds. Improving transport efficiency and speed. One of the policy issues for NSW faster rail is how to improve the efficiency and speed of rail transport, including updating trains, increasing the number of trains, and improving infrastructure. Some Transport planning experts argued that the focus should be on building a relatively straightforward first section of track rather than the mega project of tunnels required for the Sydney-Newcastle corridor that the government has designated as a priority. Environmental issues. The environmental impact of the faster rail program is also an important policy issue. The construction of fast rail may bring air pollution and noise pollution to residents living around the line. Policy issues include how to reduce these negative impacts, what environmental protection measures to enact, and how to conduct environmental assessment and monitoring. Land issues. The faster rail plan will require new rail construction or renovation of existing rail lines in some places. This will involve land acquisition. Land use changes have significant impacts on local communities. As of yet none of the fast rail tracks indicated by McNaughton have had any land acquired by the NSW government. The policy issues include how to coordinate land use for the project while ensuring community participation and an assessment of social impact with appropriate mitigation measures. Follow-up implementation issues. Faster rail was announced by the New South Wales government at the end of 2018 but there has been little substantial progress since then. The Guardian reported the Perrottet government had abandoned its vision of building its own dedicated faster rail line between Sydney and Newcastle, despite the government's announcement that it will spend $500m on a faster rail service between Sydney and the Central Coast. In mid-December the Rapid Rail project team, which had been developing the final business case for the Newcastle corridor, was told that building new dedicated track was no longer a consideration for the state government. People from the development team were redeployed to smaller projects, adding extra track to short lines of the existing suburban train network. A spokesman for the Greater Cities Commission highlighted that the High Speed Rail Authority (HSRA) was not yet in existence and declined to identify any advancements the organisation had made in its fast rail engagement with the Commonwealth. While the first stage of the Faster Rail plan is underway in the form of the Tuggerah to Wyong upgrade and new Intercity and Regional fleets, future stages remain in doubt. Narrative of the Case. Motives and Funding. The proposal for faster rail in NSW aligns with the 20-Year Economic Vision for Regional NSW plan, which was released in July 2018 with the aim of improving economic and social connections between the regional areas of NSW. Although intercity trains are currently in operation, their ageing services and infrastructure have prompted the need for faster rail to improve connectivity to regional centres along four major corridors. This proposal would encourage the exploration of more opportunities in those areas, such as alternative housing, employment, and lifestyle choices, without significantly compromising access to major cities and international hubs. Since the introduction of the plan in 2019, the NSW Government has invested $87.2 million into the planning of faster rail up until the 2021-22 financial year. The government has announced a $500 million investment into faster rail for the 2022-23 financial year, which includes early stages of the Northern Corridor route as well as further planning and development. At this time, the total estimated cost of the project has not been determined. Routes. The investigation into faster rail in NSW is focused on four potential major corridors: the Northern corridor, Western corridor, Southern inland corridor, and Southern coastal corridor. The Northern corridor connects Sydney to Port Macquarie (350km), bypassing Gosford, Newcastle, and Taree. The Western corridor connects Sydney to Orange (220km), bypassing Bathurst and Lithgow. The Southern inland corridor connects Sydney to Canberra (260km), bypassing Goulburn. The Southern coastal corridor connects Sydney to Nowra (130km), bypassing Wollongong. Among the regional cities mentioned earlier, Newcastle, the Central Coast, and Wollongong are the second, third, and fourth most populated cities in NSW, respectively, after Sydney. Stages and Service Fleets. Given the large distances of the corridors, the NSW Government has announced a staged approach to delivery. The early stages will involve upgrading and optimising existing routes and fleets, allowing for faster, more reliable, and comfortable journeys. The target speed for this stage is up to 200km/h, which would reduce travel times from Sydney to regional centres by approximately 25%. Later stages will involve dedicated investment in high-speed rails, including new lines, routes, and rolling stock. The rail in this stage aims to reach speeds over 250km/h, which may potentially reduce travel times to regional centres by 75%. It is estimated that journey times from Sydney to Canberra could be reduced from 4 hours to 1 hour, Sydney to Newcastle from 2 hours 35 minutes to 45 minutes, and Sydney to Wollongong from 1 hour 25 minutes to 30 minutes.

Riau Malay. Welcome to the Riau Malay Wikibook, a free textbook for learning Riau Malay.

Riau Malay/Tongue Twister. Like many other languages, Riau Malay has its own tongue twister.

Riau Malay/Important Phrases. These are some of the most commonly used words and phrases. Helpful vocabulary for asking about words. When you're trying to find the right word, these can help you ask for suggestions: If you forget these, you can fall back on: "Sinonim" and "antonim" are not common words, but they are easy to remember, many Indonesians understand them, and they can be helpful in your early stages of trying to communicate.

Riau Malay/Question Words. Ayat Soalan "(Question Words)". The following is a list of Riau Malay question words with their use. Mane satu - "Which [one]". <hr> ^ Riau Malay ^

Supplementary mathematics/Mathematics Olympiad. The International Mathematical Olympiad (IMO) is a test of the Mathematical Olympiad for pre-university students. Content ranges from very difficult problems in algebra and pre-calculus to problems in branches of mathematics not typically covered in middle school or high school and often not at the college level, such as pictorial and complex geometry, functional equations, combinations, and ... is somewhat well-contextualized. Number theory, which requires extensive knowledge of theorems, is well placed in this context. Calculus, although allowed in the solutions, is never required because the principle exists that anyone with a basic understanding of mathematics should understand the problems, even if the solutions require much more knowledge. to be Proponents of this principle claim that this allows for greater globalization and creates an incentive to find solutions to seemingly simple but enticing problems that nevertheless require a certain level of ingenuity, often a great deal of ingenuity, to solve. Getting all points for a given problem IMO. The selection process varies by country, but often involves a series of tests that admit fewer students in each progressing test. Prizes will be awarded to approximately 50% of the top scoring participants. Teams are not officially recognized - all points are awarded to individual participants only, but team scores are unofficially compared to individual scores. Participants must be under 20 years of age and must not be in No higher institution to register. According to these conditions, a person can participate in IMO any number of times.

Pokémon Red and Blue/Pokémon Tower. Celadon City. With Team Rocket now gone, you can turn your attention to the Silph Scope you received. This item allows you to see and fight the Ghost Pokémon in Pokémon Tower. That will be our next stop; however, don’t head back down Route 7 just yet. Leave Celadon City from the west instead. Route 16. A giant Snorlax blocks the road here too, but don’t pay attention to it. Shortly before it you will see a Cut tree. Demolish it and head through the building to the small house at the back. Inside a woman will give you HM 02 (Fly), one of the most useful moves in the game. If you teach it to one of your Pokémon, you will then be able to use it outside of battle to teleport to any city you have already visited on foot. If you don’t have a Pokémon that can use it, you can catch a Doduo in the tall grass nearby. Fly back to Lavender Town. Lavender Town. Once you arrive, stop by the Poké Mart and pick up a couple of Max Repels if you like. Then head straight for Pokémon Tower. Pokémon Tower. This circular area has seven floors; the first is merely a lobby. You will need to climb all the way to the top. The ground floor staircase is to the east, at the 3 o’clock position. Second Floor. As you enter this floor, you will encounter your rival. As usual, he will challenge you to a battle. His team is more varied at this point. Boss — Rival If you chose Squirtle at the beginning of the game: If you choose Bulbasaur at the beginning of the game: If you chose Charmander at the beginning of the game: After you defat your rival, head west then south to reach the stairs to the next floor. Third Floor. From here on you will start encountering wild Ghost-types. If you tried to climb this tower without the Silph Scope, you would be unable to harm (or even identify) the Pokémon here. First, head east and north past an enemy Trainer to reach an Escape Rope. Head east and south from the stairs, then you have three paths to take. Two of them contain an enemy Trainer. All three paths meet at the stairs to the next floor. Fourth Floor. The maze gets even more complicated. In the southwest corner of this “room” you will find an Elixir. Take the bottom of the two paths to the west and you will pass an Awakening. If you go due south from there, past an enemy Trainer, you will find an HP Up. Then go northwest to find another enemy Trainer and the stairs. (If you were to take the top of the two paths, you would find a path straight to the stairs without encountering any enemy Trainers or items.) Fifth Floor. Follow the path to the east. You will see a room to the north; it contains an enemy Trainer and nothing else. Soon you will see a square area containing sixteen small squares. If you step onto this mat, your Pokémon will be fully healed, just as if you visited a Pokémon Center. East of the mat is an enemy Trainer blocking a direct path to the stairs. If you go west from the mat and follow the path, you will pass an enemy Trainer and another side room to the south. Unlike the last one, this room contains a valuable Nugget in addition to an enemy Trainer. Sixth Floor. You’re almost at the top here. Head south past an enemy Trainer to find an X Accuracy tucked away in a nook. Follow the path north past two enemy Trainers to find an item ball blocking your way; it is a Rare Candy. If you keep following the path from here you will find a last set of stairs; however, something will be standing in your way. There is a hardcoded encounter with an enemy Level 30 Marowak here. If you came here early (before getting the Silph Scope), you would be unable to defeat this Pokémon and could not proceed to the top floor. Interestingly, this Pokémon is not considered wild because it cannot be caught. You can throw all the Poké Balls you want at it; it will dodge each and every one (even a Master Ball, were you to have any). Just defeat it and move on. Seventh Floor. Here you will find a straight hall containing three Rockets. Defeat all of them and talk to the man at the end, who turns out to be the missing Mr. Fuji. He will explain the strange Marowak downstairs as the ghost of a mother Pokémon that was apparently killed by Team Rocket. He will then give you the Poké Flute. This item can be used to immediately wake any sleeping Pokémon; you can get rid of those Awakenings now. Even more usefully, this is the only thing that is able to wake those sleeping Snorlax that were blocking your way earlier.

Cherokee/Classification. Cherokee is an Iroquoian language, the sole extant member of the Southern Iroquoian branch. The Northern Iroquoian branch consists of the languages of the Six Nations of the Haudenosaunee, historically known by the exonym “Iroquois.” These consist of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora. Of the Iroquoian languages, Mohawk has the most speakers, at around 3,500. Cherokee has the second highest number of speakers, at around 2,000. The other Iroquoian languages are severely endangered, and Cherokee and Mohawk also unfortunately face a moribund trajectory unless revitalization efforts are successful. Within Cherokee, there are two extant dialects, the North Carolina (Middle, or Kituwah) and Oklahoma (Overhill, or Western) dialects. There was historically a third dialect, the Lower dialect, spoken near the South Carolina-Georgia border, but it is now extinct.

Cherokee/History. The Cherokee most likely arrived in present-day Tennessee, the Carolinas, Alabama, and Georgia 3,000 years ago from the Great Lakes region, isolating themselves from the rest of the Haudenosaunee. During the Trail of Tears, most of the Cherokee (16,000) were forcibly removed to Indian Territory (now Oklahoma) from1836 to 1839, along with their slaves, resulting in around 4,000 (likely more) deaths. Other Native American groups were also relocated during this time. Today, the Cherokee Nation is one of the three federally recognized tribes of Cherokee, located on nearly 7,000 square miles of land in northeastern Oklahoma, the capital being Tahlequah. The other two tribes are the United Keetoowah Band of Cherokee Indians, also headquartered in Tahlequah, and the Eastern band of Cherokee Indians (EBCI), located in western North Carolina. The residential school system in the 19th and early 20th centuries in the United States and Canada caused many indigenous children to lose their mother tongue, as teachers discouraged and even punished students for speaking any language but English. The Cherokee were no exception. For example, the Cherokee Boarding School in Cherokee, North Carolina operated from 1890 to 1954. Some elders today (and certainly many in their parents’ generation) were former students at such boarding schools. As the school system instilled a sense of shame for speaking Cherokee, many elders refrained from passing down the language to their children, instead raising them speaking English.

Cherokee/Revitalization. Since 2001, the Cherokee Nation has operated the Cherokee Immersion School in Park Hill, Oklahoma, serving grades K-8. The EBCI also runs a K-6 immersion school since 2004, the New Kituwah Academy. Beyond these immersion schools, language classes for adults exist, as well as master-apprentice programs that pair beginning learners with fluent speakers. Unfortunately, the generation gap—referring to the current parents’ generation who did not grow up speaking Cherokee—makes it difficult for children to use Cherokee on a daily basis outside of school. Adult learners also have significant trouble achieving proficiency in Cherokee due to the lack of good resources in language classes.

Cherokee/Dictionary. =Key= Miscellaneous. =Dictionary=

Supplementary mathematics/Spatial geometry. Spatial geometry refers to Euclidean geometry in three-dimensional space. A space where height exists apart from length and width. Spatial geometry requires a lot of imagination. The whole world around us is three-dimensional and spatial. Any volume you know should have its properties calculated in the subject of spatial geometry. Shapes such as spheres, cones and cylinders are of this category. Spatial geometry includes three-dimensional spatial items (length, width, height). Such as: area, volume, geometric volumes, polyhedra, conic section, three-dimensional space, spherical geometry, spherical coordinates, cylindrical coordinates and... History. The history of spatial geometry dates back to ancient Greece, the Pythagoreans dealt with regular solids, but the pyramid, prism, cone and cylinder were not studied until the Platonists. Eudoxus measured them and proved that the pyramid and the cone are one-third the volume of a prism and a cylinder on the same base and the same height. He probably also discovered the proof that the volume enclosed by a sphere is proportional to the cube of its radius. Definition of topics. area and volume. Volume: The amount of space occupied by an object is called volume. The volume unit is equal to the cubic unit. Volume is a quantity of three-dimensional space that is limited by a specific boundary, for example, it is the space occupied by a substance (solid, gas, liquid, plasma) or its shape. Volume is a sub-unit of SI, which is the unit It is meter to the power of 3 (cubic meter). The volume of a container is equal to the volume of the liquid that fills it. To calculate the volume of certain 3D shapes, there are specific relationships that are simple relationships for simple shapes with geometric regularity. For complex shapes that do not have a simple relationship to calculate the volume, the volume can be obtained from integral methods. The volume of one-dimensional shapes, such as a line, or two-dimensional shapes, such as a plane, is zero. Area: It is a type of quantity that calculates the surface area of three-dimensional objects and the internal value of two-dimensional objects. The area unit is equal to the square unit. Area is a quantity that expresses the extent of an area on a plane or on a curved surface. slow The area of the plane region or "plane area" refers to the area of a planar layer or layer, while "surface area" refers to the area of an open surface or boundary of a three-dimensional object. Area can be understood as the amount of material of a given thickness required to form a model of a shape, or the amount of paint required to cover a surface with a layer. This two-dimensional analog is the length of a curve (a one-dimensional concept) or the volume of a solid (a three-dimensional concept). Geometric volumes and non-geometric volumes. Non-geometric volumes are complex volumes whose volumes are hard to obtain. But their area can be obtained, but it is a bit complicated. To obtain non-geometric volumes, we first pour water in a beaker. After we fill it with water and measure the amount of liters, we drop the non-geometric object into water with this The water rises, then we subtract the amount of water that has risen with a non-geometric volume by the amount of water that was determined before, and then we measure and write its volume. "Geometric volumes" = geometric volumes are objects for which we can write surface and volume formulas. We can find the volume of those geometric objects by pattern-finding method by analyzing and measuring the volume of the corresponding components. And by summarizing and formulating it, we can get the formula of its volume. To find its area, we first calculate the area of its components by analyzing and drawing the shape in a continuous and discrete way, and write its formula by analysis. Example = sphere, pyramid, prism, polyhedron, cylinder, cone and cube, tetrahedron, parallelogram definition of prism, sphere, pyramid, polyhedron. "Definition of Prism": A prism is a volume that has two bases, lateral faces, vertices and edges. The faces of a prism are rectangular and the number of its faces is equal to the number of sides of its base, the number of its vertices is twice as many as the faces and The number of edges is three times the face of the prism. The faces of the pyramid are obtained by the formula n+2, because the number of faces of the prism hub is always two more than the side face, because the other two faces are the base of the prism. In geometry, a prism is a polyhedron with a base of n- side, transferred base polygon (in another plane) and n other faces which are necessarily all parallelograms and connect the corresponding vertices of two n-gons. All cross sections parallel to the base are the same. Prisms are named according to the number of their base sides; So, for example, a prism with a pentagonal base is called a pentagonal prism. The definition of a prism to a pyramid is that a prism is the same as a pyramid, but its apex is at infinity. Definition of a pyramid: A pyramid is a volume whose faces intersect at a point and whose faces are triangular with a base. The number of edges of the pyramid is twice the number of the sides of the base. In fact, a pyramid is a three-dimensional shape that is formed by connecting a point in space to all closed points on the plane. That point is called the top of the pyramid and that flat shape is called the base of the pyramid. The base of the pyramid is an arbitrary polygon and the other faces are equilateral triangles that connect to each other at the vertex. The vertical line that connects the vertex to the base is called the height of the pyramid. Among the most famous structures in the world in the form of a pyramid, we can mention the Egyptian triple pyramids. "Definition of a sphere": A sphere is a perfectly round geometric object in three-dimensional space. For example, a ball is a sphere. A sphere, like a circle in two dimensions, is perfectly symmetrical around a point in three-dimensional space. All points on the surface of the sphere are at the same distance from the center of the sphere. The distance of these points from the center of the sphere is called the radius of the sphere and is represented by the letter "r". The longest distance from both sides of the sphere (which passes through the sphere) is called the diameter of the sphere. The diameter of the sphere also passes through its center and therefore its size is twice the radius. A sphere is a set of points in space that has a circular base and radius, which is a regular polyhedron. The sphere is the result of the period of a semicircle and a circle around the diameter, which rotates 180 degrees in a circle and 360 degrees in a semicircle. We divide the faces of the sphere into several degrees based on the division of its area, which is 360 degrees. Polyhedron Definition: A polyhedron is a solid geometric object in three-dimensional space that has smooth faces (each face in one plane) and sides or edges located on a straight line. So far, no single definition has been provided for it. A tetrahedron is a type of pyramid and a cube is an example of a hexagon. A polyhedron can be convex or non-convex. Polyhedrons such as pyramids and prisms can be made by extruding two-dimensional polygons. There can only be a finite number of convex polyhedra with regular faces and equiangular shapes, including Platonic solids and Archimedean solids. Some Archimedean solids can be made by cutting the top pyramid of Platonic solids. Due to the simplicity of construction, polyhedra are used in most architectural works such as geodesic domes and pyramids. Recently, due to the use of shapes, interest in multifaceted surfaces has increased. Some compact molecules and atoms, especially crystalline structures and Platonic hydrocarbons, as well as some radials have a shape similar to Platonic solids. Platonic solids are also used in making dice. Polyhedra have different characteristics and types and are placed in different symmetry groups. Other polyhedra can be created by operations on any polyhedra. Some of them have relationships with each other. Polyhedra have been of interest since the Stone Age. The sphere is also considered as a family of polyhedra. Cube, tetrahedron, parallelogram are geometric volumes that are also considered polyhedra. conic section. In mathematics, a conic section (or simply a conic, sometimes called a quadratic curve) is a curve obtained as the intersection of the surface of a cone with a plane. Three types of conic sections are hyperbola, parabola and ellipse. The circle is a special case of the ellipse, although historically it is sometimes called the fourth type. Ancient Greek mathematicians studied conic sections, culminating in Apollonius Perga's systematic work on their properties around 200 BC. 3D space. In mathematics, "3D space" is a vector space with three dimensions and a geometric model of the physical world in which we live. The three dimensions are commonly known as length, width, and height (or depth), although this naming is optional. Spherical geometry. Spherical geometry is the branch of geometry that deals with the two-dimensional surface of a sphere. This is an example of geometry unrelated to Euclidean geometry. The practical application of spherical geometry is in the field of aviation and astronomy. In Euclidean geometry, straight lines and points are the main concepts. In Korea, dots are defined in their usual meaning. In Euclidean geometry, lines do not mean a straight line, but in the concept of the shortest distance between two points, a straight line is proposed, which is called a geodesic. On a sphere, geodesics are great circles. Other geometric concepts are defined on the page, except that a straight line is used instead of a great circle. Therefore, in spherical geometry, angles are defined between great circles, and as a result, spherical trigonometry is different from ordinary trigonometry in many ways. For example: the sum of the internal angles of a triangle is more than 180 degrees. Spherical geometry is not elliptic (Riemannian) geometry, but this feature that a line from a point cannot have a line parallel to it is common to both. In isometrics of spherical geometry with Euclidean geometry, the line from a point has a line parallel to itself, and in isometry with hyperbolic geometry, the line from a point has two lines parallel to itself and infinity. Concepts of spherical geometry may be applied to the spindle sphere, although slight modifications must be made to certain formulas. spherical coordinates. In mathematics, spherical coordinates are for three-dimensional space, in which the position of a point is determined by three numbers: the "radial distance" of that point from a fixed origin, "its polar angle measured from a direction," the apex fixed, and its orthogonal "orthogonal" angle on a reference plane that passes through the origin and is perpendicular to the vertex, is measured from a fixed reference direction in that plane. It can be seen as a three-dimensional version of the polar coordinate system. The use of symbols and the order of coordinates are different in sources and disciplines. This paper uses the ISO convention often encountered in physics: it shows the radial distance, the polar angle, and the azimuth angle. In many math books, the radial distance shows the azimuthal angle and the polar angle and changes the meanings of "θ" and "φ". Other conventions are used, such as ``r" for the radius from the ``z" axis, so great care must be taken to check the meaning of the symbols. According to the conventions of geographic coordinate systems, positions are measured by longitude and latitude and altitude (elevation). There are a number of celestial coordinate systems based on different base planes and with different terminology for different coordinates. Spherical coordinate systems used in mathematics usually use radians instead of degrees and measure the azimuthal angle counterclockwise from the x-axis to the y-axis rather than clockwise from north (0 degrees) to east. (90 degrees) like the horizontal coordinate system. . The polar angle is often replaced by the "elevation angle" measured from the reference plane, so that the zero elevation angle is at the horizon. The spherical coordinate system is a generalization of the two-dimensional polar coordinate system. It can also be extended to higher dimensional spaces and then it is called a hyperspherical coordinate system. cylindrical coordinates. Cylindrical coordinate is a type of orthogonal coordinate in which a point is considered in space on the base of a cylinder. The location of that point is expressed based on the radius and height of the cylinder (r and z) and the angle that the radius of the base passing through that point makes with the x axis (θ). This device, in two-dimensional mode, is converted to polar coordinates by removing z. In physics and especially in the topics of electromagnetics and telecommunications, instead of r, θ, z, the letters ρ, φ, z are used respectively.

Supplementary mathematics/Differential geometry. Differential geometry is a branch of mathematics that deals with the geometry of smooth shapes and smooth spaces, otherwise called smooth manifolds. It uses the techniques of differential calculus, integral calculus, linear algebra and multi-linear algebra. This field has its roots in the study of spherical geometry since ancient times. It is also related to astronomy, geodesy of the earth and later the study of hyperbolic geometry by Lobachevsky. The simplest examples of flat spaces are curves and plane surfaces in Euclidean three-dimensional space, and the study of these forms was the basis for the development of modern differential geometry during the 18th and 19th centuries. A triangle immersed in a saddle-shaped plane (a hyperbolic parabola), as well as two divergent hyperparallel lines. Since the late 19th century, differential geometry has evolved into a field generally concerned with geometric constructions on differentiable manifolds. A geometric structure is a structure that defines a concept of size, distance, shape, volume, or other rigid structure. For example, in Riemannian geometry distances and angles are specified, in symplectic geometry volumes may be calculated, in isomorphic geometry only angles are specified, and in gauge theory certain fields are given on space. Differential geometry is closely related to, and sometimes includes, differential topology, which concerns properties of differentiable manifolds that do not rely on any additional geometric structure (see that article for further discussion of the distinction between the two ). Differential geometry is also related to the geometric aspects of the theory of differential equations, which is also called geometric analysis. Differential geometry is used throughout mathematics and the natural sciences. The language of differential geometry was further used by Albert Einstein in his theory of general relativity and subsequently by physicists in the development of quantum field theory and the Standard Model of particle physics. Outside of physics, differential geometry is used in chemistry, economics, engineering, control theory, computer graphics and computer vision, and more recently in machine learning.

Supplementary mathematics/Area and volume. Area and volume is a topic of spatial geometry that deals with the properties, characteristics, application and calculation of volume and area of three-dimensional geometric volumes. Three-dimensional volumes are objects that have three dimensions (length, width, height). Rotation, sections, cuts, three-dimensional drawing, extensive drawing of volumes, enclosure, volume and area are important elements of this topic. Geometric volumes are divided into two categories: Definitions. Definition of area and volume. Volume: The amount of space occupied by an object is called volume. The volume unit is equal to the cubic unit. Volume is a quantity of three-dimensional space that is limited by a specific boundary, for example, it is the space occupied by a substance (solid, gas, liquid, plasma) or its shape. Volume is a sub-unit of SI, which is the unit It is meter to the power of 3 (cubic meter). The volume of a container is equal to the volume of the liquid that fills it. To calculate the volume of certain 3D shapes, there are specific relationships that are simple relationships for simple shapes with geometric regularity. For complex shapes that do not have a simple relationship to calculate the volume, the volume can be obtained from integral methods. The volume of one-dimensional shapes, such as a line, or two-dimensional shapes, such as a plane, is zero. Area: It is a type of quantity that calculates the surface value of three-dimensional objects and the internal value of two-dimensional objects. The area unit is equal to the square unit. Area is a quantity that expresses the extent of an area on a plane or on a curved surface. The area of the plane region or "plane area" refers to the area of a planar layer or layer, while "surface area" refers to the area of an open surface or boundary of a three-dimensional object. Area can be understood as the amount of material of a given thickness required to form a model of a shape, or the amount of paint required to cover a surface with a layer. This two-dimensional analog is the length of a curve (a one-dimensional concept) or the volume of a solid (a three-dimensional concept). Definition of geometric and non-geometric volumes. Non-geometric volumes=Non-geometric volumes are complex volumes whose volumes are hard to obtain. But their area can be obtained, but it is a bit complicated. To obtain non-geometric volumes, we first pour water in a beaker. After we fill it with water and measure the amount of liters, we drop the non-geometric object into water with this The water rises, then we subtract the amount of water that has risen with a non-geometric volume by the amount of water that was determined before, and then we measure and write its volume. Geometric volumes= geometric volumes are objects for which we can write surface and volume formulas. We can find the volume of those geometric objects by pattern-finding method by analyzing and measuring the volume of the corresponding components. And by summarizing and formulating it, we can get the formula of its volume. To find its area, we first calculate the area of its components by analyzing and drawing the shape in a continuous and discrete way, and write its formula by analysis.Examples = sphere, pyramid, prism, polyhedron, cylinder, cone and cube, tetrahedron, parallelogram Notes on geometric volumes. Note 1: A regular polyhedron (hexahedral) cube has a square face that has two square bases, so the cube is a regular prism-polyhedron volume. Note 2: A tetrahedron is a pyramid and a polyhedron with the base and sides of an equilateral triangle. So, a tetrahedron is considered a pyramid-polyhedral volume and a kind of Platonic solid. Point 3: A parallelogram is a prismatic volume with a lateral face and is a hexagon with parallel faces. Therefore, a parallelogram is a prismatic-polyhedral volume. Definition of prism, sphere and pyramid. Definition of a prism: A prism is a volume that has two bases, lateral faces, vertices and edges. The faces of the prism are rectangular and the number of faces is equal to the number of sides of the base, the number of vertices is twice as many as the faces and the number of edges is three times the faces of the prism. The faces of the pyramid are obtained by the formula n+2, because the number of faces of the prism hub is always two more than the side faces, because the other two faces are the base of the prism. in another plane) and n other faces that are necessarily all parallelograms and connect the corresponding vertices of two n-gons. All cross sections parallel to the base are the same. Prisms are named according to the number of their base sides; So, for example, a prism with a pentagonal base is called a pentagonal prism. The definition of a prism to a pyramid is that a prism is the same as a pyramid, but its apex is at infinity. Definition of a pyramid: A pyramid is a volume whose faces intersect at a point, and whose faces are triangular in shape with a base. The number of sides is the base. In fact, a pyramid is a three-dimensional shape that is created by connecting a point in space to all closed shape points on the plane. That point is called the top of the pyramid and that flat shape is called the base of the pyramid. The base of the pyramid is an arbitrary polygon and the other faces are equilateral triangles that connect to each other at the vertex. The vertical line that connects the vertex to the base is called the height of the pyramid. Among the most famous structures in the world in the form of a pyramid, we can mention the Egyptian triple pyramids. Definition of a sphere: A sphere is a completely round geometric object in three-dimensional space. For example, a ball is a sphere. A sphere, like a circle in two dimensions, is perfectly symmetrical around a point in three-dimensional space. All points on the surface of the sphere are at the same distance from the center of the sphere. The distance of these points from the center of the sphere is called the radius of the sphere and is represented by the letter r. The longest distance from both sides of the sphere (which passes through the sphere) is called the diameter of the sphere. The diameter of the sphere also passes through its center and therefore its size is twice the radius. A sphere is a set of points in space that has a circular base and radius, which is a regular polyhedron. The sphere is the result of the period of a semicircle and a circle around the diameter, which rotates 180 degrees in a circle and 360 degrees in a semicircle. We divide the faces of the sphere into several degrees based on the division of its area, which is 360 degrees. Definition of cylinder, cone and polyhedron. Definition of a cylinder: A cylinder is a prismatic volume whose base is circular. In geometry, a cylinder is a spatial curved base whose surface is formed by a set of points. The edges of a cylinder are uncertain because its base is circular. is, it can be said that the side face, face, vertex, edge of the cylinder are 3n, 2n, n+2, n in order. The cylinder in differential geometry is drawn as a surface whose generator is a set of parallel lines. The definition of the cylinder in the cone of this The cylinder is the same as the cone, but its apex is at infinity. The cylinder is the result of the rotation of a rectangle around one of its sides (length, width) equal to 360 degrees. Definition of a cone: A cone is a pyramidal volume whose base is circular, a cone is a three-dimensional geometric shape that slowly or quickly (depends on the base surface and height) from its flat base (cone cross-section) to the top. It narrows. More specifically, it is a solid shape bounded by a base plane (cone cross-section), and its lateral surface is the locus of straight lines connecting the tip of the cone to points around the base (cross-section). The word cone is sometimes referred to the top of this solid body and sometimes only to its lateral surface. Cones can be upright or slanted. It is necessary to mention that the volume of an oblique cone with a certain cross-sectional area and a certain height is equal to the volume of a right cone with the same area and a certain height. The cone resulting from the rotation of a right triangle around one of its adjacent sides is 360 degrees. Definition of Polyhedron: A polyhedron is a solid geometric object in three-dimensional space that has flat faces (each face in one plane) and sides or edges located on a straight line. So far, no single definition has been provided for it. A tetrahedron is a type of pyramid and a cube is an example of a hexagon. A polyhedron can be convex or non-convex. Polyhedrons such as pyramids and prisms can be made by extruding two-dimensional polygons. There can only be a finite number of convex polyhedra with regular faces and equiangular shapes, including Platonic solids and Archimedean solids. Some Archimedean solids can be made by cutting the top pyramid of Platonic solids. Due to the simplicity of construction, polyhedra are used in most architectural works such as geodesic domes and pyramids. Recently, due to the use of shapes, interest in multifaceted surfaces has increased. Some compact molecules and atoms, especially crystalline structures and Platonic hydrocarbons, as well as some radials have a shape similar to Platonic solids. Platonic solids are also used in making dice. Polyhedra have different characteristics and types and are placed in different symmetry groups. Other polyhedra can be created by operations on any polyhedra. Some of them have relationships with each other. Polyhedra have been of interest since the Stone Age. The sphere is also considered as a family of polyhedra. Cube, tetrahedron, parallelogram are geometric volumes that are also considered polyhedra. area and volume of geometric shapes. Cube volume:formula_1 Area of ​​the cube:formula_2 Tetrahedron volume:formula_3 Tetrahedron Area:formula_4 Volume of a regular octahedron: formula_5 Area of a regular octahedron: formula_6 Volume of a rectangular cube: formula_7 Area of a rectangular cube: formula_8 The volume of the prism: formula_9 The volume of a prism with a polygonal base:formula_10 The Area of a prism with a polygonal base:formula_11 cylinder volume: formula_12 cylinder Side area: formula_13 cylinder Area: formula_14 The volume of the pyramid: formula_15 The volume of the cone: formula_16 The Area of the pyramid: formula_17 The Area of the cone: formula_18 volume of sphere: formula_19 Area of sphere: formula_20 volume of Spherical: formula_21 volume of Ovalcal: formula_22 Area of Spherical=formula_23 Area of Ovalcal=:formula_24 The volume of the incomplete pyramid:formula_25 The area of ​​the incomplete pyramid:formula_26 The volume of the incomplete cone:formula_27 Area of ​​incomplete cone:formula_28 Torus volume:formula_29 Torus area:formula_30 The Volume of ​​the parallelogram:formula_31 The area of ​​the parallelogram:formula_32 Area of ​​a regular polyhedron: formula_33 Volume of polyhedral solids:formula_34 SA:V ratio of geometric volumes. The ratio of surface area to volume or the ratio of surface to volume, which is indicated by different signs such as sa/vol and ; It is the amount of surface area per volume unit of an object or a set of objects. In chemical reactions where a solid substance is involved, the surface-to-volume ratio is an important factor that indicates that chemical reactions are taking place. The surface-to-volume ratio or SA:V is a formula that is the ratio of volume to total surface area, and its values are in Geometric volumes are different. The SA:V ratio depends on the size of the radius or the size of the geometric volume. proportion V/S geometric objects. Ratio of V/Scube:formula_35 Tetrahedral V/S ratio: formula_36 V/S ratio: formula_37 V/S ratio of cylinder: formula_38 V/S ratio of the pyramid: formula_39 Cone V/S ratio:formula_40 The ratio V/S sphere=formula_41 SA:V for regular balls and N next. A ball is a three-dimensional object in the shape of a sphere (in this topic, most of the area (area) on the sphere is desired, not the volume inside it). Balls can exist in as many dimensions as needed and are generally called n-dimensional balls, where n is the number of dimensions of the ball. For a typical three-dimensional ball, SA:V can be calculated using the standard equation for area and volume; where the area formula_42 and the volume formula_43. For a ball with unit radius (r=1), the ratio of surface to volume is equal to 3. SA:V has the opposite relationship with the radius, if the radius is doubled, the SA:V is halved. The above argument can be extended for the n-dimensional ball and the general relationships of volume and surface area can be written as follows: formula_44 Volume;formula_45 surface area The ratio formula_46 is reduced to formula_47 in the next n state; So the same linear relationship holds for area and volume in every dimension: doubling the radius always halves the ratio. Proof of formulas of geometric volumes. Tip for readers:. These topics are a partial proof of the list and a reference to the proof of their formulas. To see the full proof, you should read the sections on three-dimensional geometric shapes in the section on geometry in supplementary mathematics. cube. The volume of a cube acts like the volume of a rectangular cube, but because the sides of the cube are equal, it is placed as a power of three on its side. formula_48 The area of ​​the cube is also proven in different ways, as we know that the cube has six square faces that are regular quadrilaterals, and its total area is obtained based on the sum of the six square faces of the cube.The total area of ​​the cube, like the volume of the cube, is used through prism formulation and is proved according to the total area of ​​the prism formula_49 Parallelepiped. The volume of the parallelogram is obtained based on three vectors a, b, c, which are determined in the form of determinants. But first, it should be calculated trigonometrically and then written as a determinant. formula_50 formula_51 After the calculation, we do the work in the form of determinants. formula_52 The volume of the parallelogram is like this. formula_56 prism. The volume of the prism, if s is the area of ​​the base and h is the height, its volume is: formula_9 If p is the perimeter of the base and h is the height, the lateral area of ​​the prism is written accordingly. formula_58 The total area of ​​the prism can be written based on this formula if s is the area of ​​the base formula_59 cylinder. A cylinder is one of the basic curved shapes in geometry, whose outer surface is a set of points that are at the same distance from a straight line. The name of this line is the right axis. The two ends of this spatial shape are blocked by two plates perpendicular to the axis of the closed cylinder. The surface and volume of the cylinder have been known to mathematicians since the distant past. The volume of the cylinder is calculated based on the volume of the prism formula_60

Pokémon Red and Blue/Soul Badge. Fuchsia City. This large city hosts the Safari Zone and the next Pokémon Gym. However, you will also need to collect two more HMs that you cannot complete the game without. One of them is Strength, which allows you to move certain heavy boulders outside of battle. The other is Surf, which lets you move on water. Both of these HMs require a trip to the very back of the Safari Zone. The Safari Zone is a series of four interconnected areas connected in a circle; you must traverse the entire area counterclockwise until you reach a dead-end. There you will find Gold Teeth on the ground, and a man inside the nearby house will give you HM 03 (Surf). This is difficult to accomplish in the time given to you when you enter; you may need to go through the Safari Zone twice. Surf lets you take to the oceans and finally travel over water. What good are the Gold Teeth? In a house in the southeast corner of town you will find a man who cannot speak clearly. Give him the Gold Teeth and he will reward you with HM 04 (Strength). Strength can be used to push large, round boulders out of your way. Why not try it out on the one in this very room? Behind it you will find a Rare Candy. In the house next to him is a man who will give you the Good Rod. This works like the Old Rod, except that it can catch something other than Magikarp. If you took the east path to Fuchsia, you will already have the Super Rod, which is even better. Fuchsia City Gym. This Gym is very deceptive. It looks like a number of enemy Trainers spaced out in an empty room. However, you cannot simply walk up and battle them, because there are invisible walls all over the place! The Trainer to your left when you enter is optional. To reach the Gym Leader, go to the Trainer to the right of the entrance, step to the right of him, and go north. You will encounter two more enemy Trainers. When you reach the back wall, walk behind the back of the enemy Trainer all the way to the left-hand wall, then go down. You will quickly run into an obstacle. You can bypass this by moving towards the enemy Trainer. After him, the path is simple. When you reach the end you will be standing next to an enemy Trainer in the center of the room. This is Koga, the Gym Leader. Boss — Koga (•4950 reward) After you defeat Koga, you will receive the Soul Badge. Now that you have this Badge, the Defense stat of all your Pokémon will be boosted for the rest of the game. You will also be given TM 06 (Toxic). You now need to make your way back out by retracing your steps.

Pokémon Red and Blue/To Fuchsia City. Lavender Town. Now that you have the Poké Flute, you can finally remove the Snorlax that are blocking your way south. There are two paths to take that both end in the same destination (Fuchsia City), going west from Celadon or going south from Lavender Town. The Celadon path is much faster, but there is an important item to be found on the Lavender Town route, as well as many more enemy Trainers to battle against. West Path to Fuchsia. If you go west from Celadon, close to where you got the Fly HM, you will see that giant Snorlax sitting in the middle of the road. Step up to it, go into your Bag, use the Poké Flute, and get ready to battle; Snorlax is not happy you woke him from his nap. There are only two catchable Snorlax in the game; this one and the one on Route 12. Few players continue to adventure on foot when they can ride a Bike. If you for some reason do not have one, you will need to Fly to Cerulean City and get one now. You cannot pass through the guardhouse on foot. Past there you will find a skinhead gang lounging around. After defeating the six enemy Trainers that compose this gang, head south. Route 17. This long, vertical Route is on a steep slope. If you stop moving, you will be dragged downward unless you hold the A or B buttons. However, there really isn’t any reason to spend much time on this Route. There are no interesting Pokémon in the tall grass, and all the items are hidden (use the Itemfinder to locate them). There are, however, ten enemy Trainers. Continue south. Route 18. Once you reach the bottom of the Cycling Road, go right through the gatehouse. There are three enemy Trainers in the patch of grass south of the exit. As with Route 17, there are no Pokémon in the tall grass here that are worth catching. Go east and you will be in Fuchsia City. East path to Fuchsia. Head south from Lavender Town. Route 12. Route 12 is made entirely of bridges over the water. There are some maze-like segments here you will have to navigate. You will be able to find TM 39 (Swift) by talking to the people in the northernmost building you pass through on this Route. You might see an item ball on a small segment of bridge that is completely surrounded by water. This is TM 16 (Pay Day), a quite useful move, but you will not be able to get it until you are able to Surf, which requires the next Gym Badge. Be sure to come back here. You can now do something about the Snorlax that is sleeping at a very inconvenient spot, blocking off two different Routes. If you go up to it and use your Poké Flute, it will awaken and battle you. There are only two Snorlax in the game (this one and the one on Route 16), so be sure to catch it if you want it. If you go west from here, you will be on Route 11, heading back towards Vermilion City. (If you go west, there is a Hyper Potion hidden on the first tree on the bottom that sticks out into the road.) Continuing south past the Snorlax, you will pass another house. Be sure to enter this house and speak with its owner. He will give you the Super Rod, which is used just like the Old Rod, but can be used to catch Pokémon other than just lousy Magikarp. Past there you will see a Cut tree blocking off an enemy Trainer and an Iron. Route 13. This Route is a long maze filled with enemy Trainers — no fewer than fifteen! To get to the Route’s patch of tall grass, you will need Cut. To the left of one of the Trainers closest to the exit (where there is a gap in the fencing), examine that gap and you will find a hidden PP Up. If you go to the east, you will see a similar gap in the fencing at the end of a dead-end passage. Examine this gap and you will find a hidden Calcium. Route 14. This Route is a short distance south. It is also densely populated by enemy Trainers; looks like another biker gang. You will need Cut to access this route’s patch of tall grass. Route 15. There are two ways you can go through this Route. If you remove the Cut tree when the path turns west, you will find a long, straight, unremarkable stretch of land that extends all the way down the Route. There is one enemy Trainer about halfway down and TM 20 (Rage) at the end. If you take the south path, however, you will find more tall grass and ten enemy Trainers all clustered together. To this Route’s western exit is Fuchsia City.

Transportation Planning Casebook/Brisbane Airportlink (M7) toll road. Summary. Airport link (M7) is a toll road north of Brisbane designed to accelerate traffic between Brisbane Airport and the Brisbane CBD. It is 6.7 kilometres in length, the vast majority of which is tunneled. It connects Clem7 and Legacy Way Tunnel at the end near the Brisbane CBD, and East-West Arterial Road at the end near the airport, with a branch to Stafford Road in the middle. Airport link is equipped with world-class safety features include variable speed and message signs, advanced fire safety systems and cameras automatically detecting variations in traffic flow. When drivers choose to pass through Airport link (M7), they will avoid up to 14 sets of traffic lights and reduce their travel time by up to 88%. Therefore, Airport link (M7) is expected to greatly accelerate the movement of people and goods between Brisbane CBD and the airport, boosting the development of various local industries. However, the project faced significant challenges during construction and operation due to a series of financing issues with the general contractor, BrisConnections. Policy Issues. Funding and Financing. BrisConnections was an Australian infrastructure company that was established to build and operate the Airport Link toll road in Brisbane, Queensland. The company went bankrupt in 2013 due to several financing and funding issues. This includes relying heavily on debt financing to fund the construction of the Airport Link. The company raised AUD 3 billion in funds through the issuance of stapled securities (a combination of shares and units in a trust). Most of the funds raised were in the form of debt, which meant that the company had a significant debt burden that BrisConnections struggled to manage. Moreover, the construction costs for the Airport Link were higher than initially estimated, which put further strain on BrisConnections' finances. The project was initially estimated to cost AUD 4.8 billion but ended up costing AUD 5.6 billion, of which 70% was accounted for the construction cost while 30% was for the interest during construction. The risks associated with the construction stage were largely allocated to BrisConnections. The construction of the toll road involved significant risks, including cost overruns and delays. The issues encountered during the construction of the toll road had delayed the project completion that resulted in cost overruns. BrisConnections was listed on the Australian Securities Exchange (ASX) from 2008 to 2013. The company's performance on the ASX was affected by a range of factors, including the global financial crisis, lower-than-expected traffic volumes, and high construction costs. BrisConnections initially performed well, with its share price rising to a peak of around AUD 1.00 in mid-2009. However, the company's share price began to decline as it became clear that the toll road was not generating the expected revenue. By late 2010, BrisConnections' share price had fallen below 10 cents. In February 2013, BrisConnections entered voluntary administration, and its shares were suspended from trading on the ASX. The company's assets were subsequently sold, and its debt was restructured. BrisConnections' failure was one of the most high-profile corporate collapses in Australia in recent years. The company's failure highlights the challenges associated with large infrastructure projects and the importance of effective risk management and financial planning. Given the foregoing failure of the BrisConnections, there have been not much of financiers and contractors that invest on PPP toll road projects in Australia. There were policy interventions that the Department of Treasury and Finance Victoria had introduced in 2012 and 2013 to improve the viability of investing on PPP projects. This includes ensuring that the risk associated with the project in terms of the design, demand, construction, financing, among others, are allocated such that the party, who can best control the risk and/or its associated consequences, is appropriately identified. However, these policy interventions varied greatly between states. Thus, there is a need to adopt a uniform PPP guideline to lessen policy fragmentation at regional level. The comparison of risk allocation of toll roads in Queensland can be seen in the image. Toll Fees and Structure. The toll road was also subject to a range of policy issues related to toll fees and tolling structure. One of the key policy issues related to the tolling of the Brisbane Airport Link Toll Road was the level of toll fees charged. The toll fees were set by the Queensland Government, and there were concerns that the fees may be too high, which could discourage use of the toll road . Another policy issue related to the tolling of the Brisbane Airport Link Toll Road was the tolling structure used. The tolling structure for the toll road was an electronic tolling system, which required users to have an electronic tag installed in their vehicle. There were concerns that this system could be complex and confusing for users, particularly those who were unfamiliar with electronic tolling systems. In connection with the tolling structure issues, there were also concerns about the equity of the tolling system used on the Brisbane Airport Link Toll Road. Some stakeholders argued that the tolls would disproportionately impact low-income users who could not afford to pay the toll fees or purchase an electronic tag. The current toll fees and charges in the Airport Link Toll Road is summarized in the thumbnail. Traffic Demand Forecast. One of the weaknesses of toll roads implemented under public-private partnership (PPP) is the risk of traffic demand forecasting error during the planning stage of the project. Toll roads that experienced errors in their traffic demand forecasts resulted in financial failure and worst, bankruptcy and the eventual turn-over of the infrastructure to the government to salvage its operation.In the case of the Brisbane Airport link (M7) toll road, the toll road project failed to meet the forecasted traffic in year 4 of its operation that started operation in 2012. As can be seen in the image below, the forecasted traffic by Arup (i.e., the global engineering and design group that built the Sydney Opera House and the consultant for the Airport link toll road) at year 1 of operation was estimated at around 190,000 vehicles. However, the actual traffic recorded at year 1 was around 50,000 vehicles, which was only 26% of the forecasted traffic. The huge gap between the forecasted traffic count and the actual traffic count occurred commencing from the start of operation in 2012 until 2016, as illustrated in the image.  Given the wide margins of traffic forecast error, the revenue gained from the airport link toll road was insufficient to service debts incurred for the construction of the project. This instance of forecasting error in airport link toll road would require a thorough re-evaluation of the financial feasibility of the project. This also pushed the government to make necessary policy changes that would mitigate the demand risk of undertaking PPP toll road projects. Moreover, the government acknowledged that the demand risk associated with implementing toll road projects through PPP should be shared among the government, the private bidders, and other relevant project entities. This is considering that indiscriminately allocating full demand risk to the private bidders is found to be unsustainable. As a result of the financial failure of the airport link toll road, Arup settled a AUD 2.2 billion lawsuit due to the allegation that the company made an error on the airport link toll road’s traffic forecast. The money will be distributed to the lenders of the project. Economic Benefits. The policy issues related to the economic benefits of the Brisbane Airport Link Toll Road include the overly optimistic and overstated in the cost-benefit analysis that led to poor investment decisions. In connection with the traffic forecasting error that was made by the Arup Consultant, the toll road project failed to reach the forecasted traffic that led to overestimation of toll revenue and overestimated economic benefits. The economic benefits considered in the toll road project were travel time savings, vehicle operating costs, accident savings, environment and externalities. These benefits used the overestimated traffic demand forecast, specifically as one of the parameters in the computation as input to the cost-benefit analysis. Cultural Heritage. The construction of the Brisbane airport link generated significant attention and opposition from local communities; regarding the possible disruption to cultural sites through which the project covers. The corridor of the airport link intended to consist of both road and tunnel infrastructure which would require cut and cover construction techniques. The construction activities would likely impact regions including: These areas contain sites of local heritage for the community, including but not limited to  local centres, religious sites, and indigenous grounds. The Queensland Government were required to abide by both national and state legislation dictating their construction activities. At a national level abiding by the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Australian Heritage Council Act 2003. At a state level, Queensland established strong cultural heritage compliances which encompass a provision of the ACH Act, an approved CHMP, native title agreement or another agreement with an Aboriginal party and Duty of Care Guidelines to the Aboriginal Cultural Heritage Act 2003. The nature of the impacts presented from the construction of the airport link to cultural heritage were found to be from the vibration and settlement causing ground integrity problems, visual impacts to the cultural aesthetic and the direct impact of any cultural sites’ removal and/or destruction. These impacts would be managed to as much of a degree through governmental cultural heritage management plans and investigations. From assessments produced by ARCHAEO Cultural Heritage Services, their goal to preserve cultural heritage wasn’t absolute. The airport link’ partial impact is seen on the portion of Lutwyche Road between Norman Avenue and Kedron Brook. To accommodate the corridors into the confined space, loss of built environment including the PCYC Building on the western side of Lutwyche Road between Norman Avenue and Kedron Brook would be deemed “unavoidable”. Excessive Noise. At the time, the project size was garnered as one of the largest construction projects in Australia. Concerns regarding the noise generated were associated with the construction activities below: This contributed to necessary measures to meet established noise goals for noise management. The primary concerns for the KWRA (Kalinga Wooloowin Residents Association Inc.) were with the ancillary to and necessarily associated with the Project’s construction work. Furthermore, specific complaints were submitted by areas of Bowen Hills put emphasis on the operational noise, Galway Street Windsor regarding noise barriers for construction, and Kedron State High School regarding the construction noises’ impact on the student learning environment. The location of ventilation station near the end of alma Road at Kalinga Park with the subsequent traffic generated raised concerns of the operational noise. The term excessive noise lacked a clear definition from CG (Coordinator-General) accepted prior to the commencement of the project, contributing to difficulty in regulating noise from the construction activities. Therefore, construction activities during night-time surface works may have required longer construction times and greater costs to achieve. To address and identify noise complaints, reactive monitoring was chosen by DERM (Department of Environment and Resource Management). However, complaints were received that DERM were unable to perform effective reactive monitoring in compliance to the noise goals established. A likely cause could be the procedures in place requiring several parties if the complaint wasn’t made correctly; as detailed by Officer B from DERM in The Airport Link Project Report. "“when a complaint came to DERM that had not been raised with TJH before, he would contact TJH and ask the environmental manager to investigate the matter and report back to him.”" Narrative. This section covers the history, design, construction process, operation, and impact on the surrounding community of Brisbane Airport link toll road. Project Background. The project was initiated by the Queensland Government in order to relieve traffic pressure around the Brisbane city and airport. Thiess and John Holland Group were responsible for the design and construction collaboration of the project. The main reason for siting the project was to provide a fast, smooth link to the Brisbane CBD and Brisbane Airport, while connecting to other major roads. Design & Build. AirportlinkM7 is a 6.7km tunnel in Brisbane that connects Clem7 and the Legacy Way tunnel to the Airport. Brisbane's city centre and northern suburbs are characterised by a densely populated environment. The design and construction of this transport solution represents one of Queensland's great projects. During construction, contractors face challenges with geological, hydrological, and urban infrastructure constraints. Creative engineering techniques and tunnel boring machines from Germany were used to successfully complete the tunnel. Specific construction processes, including but not limited to: ·       November 2008-The Premier participated and announced the start of construction of the project. ·       December 2008-Drilling and blasting excavation work begins in Bowen Hills. ·       March 2009-Roadheader start tunnelling at the Truro Street site which is the midpoint of the tunnel. ·       June 2009-Roadheader starts tunnelling at Kedron. ·       Mid 2010-First TBM (Tunnel Boring Machine) starts tunnelling from Toombul. ·       Mid 2010-Second TBM starts tunnelling from Toombul heading west toward Lutwyche ·       Early 2011-TBMs removed from tunnel shaft at Lutwyche. ·       Late 2011-Airport roundabout upgrade programme completed. ·       Mid 2012-Airport link road and toll system scheduled for completion Safety & Environment. AirportlinkM7 contains world-class safety features including variable speed and message signs, an advanced fire safety system and cameras for automatic traffic detection. The toll road is monitored 24 hours a day, 7 days a week. It is ensured that the equipment and maintenance of the roads are checked in a timely manner. The tunnel also measures the height of vehicles and warns and suggests diversions for over-height vehicles. In terms of the environment, the air quality is checked both inside and outside the M7 tunnel. It is ensured that the air quality of the environment is all up to standard. Social & Economic. The AirportlinkM7 has a positive social and economic impact on the surrounding communities and the city of Brisbane overall. Firstly, it has improved transport efficiency by reducing travel times from the city to the airport. Secondly, it has created a large number of jobs during construction, which has benefited the local economy. Statistics show that when using the AirportlinkM7, drivers will avoid up to 14 sets of traffic lights and reduce their travel time by up to 88%. Fee Policy. The AirportlinkM7 uses an electronic toll collection system to collect tolls. The tolls vary according to the type of vehicle and the distance travelled. The tolls can be found on the Linkt website.

Transportation Planning Casebook/Transport Asset Holding Entity. Summary. Transport Asset Holding Entity (TAHE) was formed on 1st July 2020 by the New South Wales Government, as a corporation that holds the ownership portfolio ranging from property, stations, rolling stock, rail infrastructure and retail space . Initial discussions about an asset-holding company started back in 2013, when the NSW Government proposed the idea of transforming the existing RailCorp into a commercial body. This body was to manage assets through agreements with the rail operators. TAHE was created as a State-Owned Corporation (SOC), and it took over from RailCorp, the rail infrastructure owner at the time. RailCorp was reconstituted as TAHE. TAHE exists as a custodian rather than operating body as it is the custodian of Rail Assets while Sydney Trains and NSW Trains operate the rail services . Hence, TAHE does not have any network control functions as well. Hence TAHE does not have any say in the operational aspects such as Route Management, development or daily operational management of the Train network. Instead, it acted as the owner of the Asset the Train operators were using which is essentially the rolling stock, stations and the infrastructure. Hence, the Rail Operators paid a Fee to TAHE for the usage of their Assets for Train operations. With TAHE, the leaders behind its birth were the NSW Treasury and Transport for NSW (TfNSW). From 2014 till its formation in 2020, both of these Government agencies pursued their vision and objectives for TAHE, objectives which were both different in key ways. Whilst TfNSW envisioned an Asset holding entity that was essentially a non trading ‘Shell’ company that owned the Assets and had a structure that would enable future public transport reforms and strategic directions while ensuring vertical integration of operations between asset owners and the rail operators to maintain rail safety, NSW Treasury sought to expand on this idea to create an entity that could generate a return on investment as this would allow the government investment in transport assets to be shown as an equity investment rather than as an expense in the budget, thus improving NSW Treasury budget for General Government Sector (GGS). Both NSW Treasury and TfNSW worked on different roles during the design and implementation stage of TAHE, albeit driven by their own objectives. In order to assist them during this stage, there were multiple consultancy firms hired for various projects, with 16 different firms working on 36 contracts, and is highlighted as an area that was poorly managed during the design stage of TAHE. Hence, by the time the legislation enabling TAHE arrived in parliament, a clear operating model was still unclear and had not been resolved. After the establishment of TAHE, there were a number of doubters about the creation of TAHE, and its purpose. Whistleblowers testified and leaked documents related to findings from key research plans. These plans, completed by consultancy firms before the creation of TAHE, pointed to uncertainties and high risks. They suggested that TAHE could have a long-term negative financial impact on the NSW Budget due to its structure. The allegations that these warnings and documents had been allegedly covered by the government increased the mistrust of TAHE. This concern was further underscored when the NSW Auditor General published a report on TAHE in January 2023. The report stated that TAHE's design and implementation were neither effective nor transparent, and it might become a burdensome investment in the future. Timeline. The timeline examines the development of the New South Wales railway operational system from different entities, which the predecessor and restructuring of Transport Asset Holding Entity (TAHE). The State Rail Authority of New South Wales (SRA) was established in 1980, which provided the state government with more systematic management over the regulation of passenger and freight rail operating services. A series of changes of governmental institution structure have been implemented for the railway transportation demands of the populace, industry, economics, technology, and society in various times. The goal of establishing the TAHE is to serve as a SOC (state-owned company) to optimize the transport services for New South Wales. In response, the administration decided to deploy TAHE gradually and the details are shown in the following table. "The table of the predecessor and restructuring of the Transport Asset Holding Entity (TAHE)." TAHE’s Governance Arrangements. The Transport Asset Holding Entity (TAHE) is governed by the Transport Administration Act of 1988 and the State Owned Corporations Act of 1989, which were enacted by the NSW Parliament. As a state-owned corporation, it holds and manages the state's rail assets. The Minister for Transport and Roads oversees TAHE's operations and is politically accountable for its activities. The Minister has the authority to issue policy directives and participates in crucial decisions such as board appointments. Transport for New South Wales (TfNSW) is responsible for the strategic planning of the state's transportation system. TfNSW collaborates closely with TAHE and other transport providers, such as Sydney Trains and NSW TrainLink, to deliver dependable and efficient transportation services. It grants these operators operating licenses and monitors their performance. The NSW Treasury also plays a vital role in TAHE's financial administration and budgetary supervision, ensuring the institution's financial viability . The Secretary of TfNSW provides administrative leadership, liaising between TfNSW, TAHE, and transport operators to ensure the efficient operation of the state's transportation system . TAHE manages the assets that rail operators such as Sydney Trains, NSW TrainLink, and light railways use to provide transit services under licences issued by TfNSW. Policy Issues. Ineffective Use of Consultants: The heavy reliance on consultants during TAHE's development proved to be ineffective . Issues could have arisen due to their lack of experience or inadequate knowledge of the specifics of TAHE's operations, leading to subpar guidance and advice . Different Objectives: The different objectives that underpinned TAHE's establishment caused internal conflicts . The varying visions of the NSW Treasury and Transport for NSW (TfNSW) might have led to inconsistencies in the planning and execution of TAHE's formation and its long-term operational strategy. Budget Benefits: The budget benefits projected prior to TAHE's establishment tied the agencies to its delivery despite emerging complexities . This commitment might have overlooked the evolving challenges and the resources required to address them effectively . TAHE Structure: The structure of TAHE required a circular pattern of government investment to function. This means that the funds invested in TAHE by the government are expected to generate returns that can then be reinvested. This cyclical investment pattern could lead to financial risks if the returns are not as expected . Lack of Transparency and Clarity: There was a lack of transparency during the design and implementation phases of TAHE. Moreover, the roles and responsibilities of the governance structures assigned to design and implement TAHE were not clearly defined. This lack of clarity might have led to confusion and inefficiency, impacting TAHE's overall effectiveness . TAHE’s Scandal. 1.Bogus transportation budget and "near bankrupt" TAHE. Content. In July 2021, the New South Wales government was found to have implemented an Enron-style financial scheme to put TAHE's transport infrastructure assets into a government-owned for-profit company to artificially boost its budget bottom line. In addition, the New South Wales government has been trying to cover up the true financial position of the new company, which could end up costing taxpayers billions of dollars. Background. In 2020, RailCorp was formally restructured into a new state-owned enterprise called the Transport Assets Holding Entity (TAHE). TAHE has its own board of directors and, as a company, it exists to make a profit. Transport assets are no longer owned directly by the state government, but indirectly through TAHE, thus removing them from the government's financial balance sheet. That means the state sees the asset as an equity investment rather than a cost. The return on investment needs to be recouped through tolls on rail infrastructure and rental income from rolling stock, property and equipment. To make a profit and recoup their investment, customers of the new company, which includes Sydney Trains and New South Wales Trains, will now need to pay full commercial rates for the assets. Media investigations uncovered a secret report by the accounting firm KPMG. The report warns that the costs of tolls for Sydney and New South Wales trains outweigh the benefits. What's more, since TAHE is unlikely to turn a profit, taxpayers could end up footing the bill for a failing company. Influence. The outbreak of the scandal reflects the following risks: 1. Shows that the New South Wales government has been misleading and concealing in its budget statements on transport infrastructure; 2. More budget approvals mean taxpayers may end up footing the bill for more transport services; 3. The new company will establish a for-profit co-operative responsible for all tracks, trains, stations and other transport assets in New South Wales and transport safety may be put at risk if this is done to boost the profits of the new company. 2.State government’s secret plan to sell off billions of dollars of public land. Content. In June 2022, Sydney City Council tabled a motion opposing the government's plan to secretly sell off large chunks of public land along the Sydney Railway. The New South Wales government's plan would allow a Transport Asset Holding entity (TAHE) to become the developer and owner of the assets, enabling the government to sell the proposed $40 billion Sydney Trains rail assets and rezone more than 50 sites around the railway station. Secret plan. The motion says public land in Redfern, North Eveleigh and Newtown is at risk of being sold by the state government, as outlined in the uncovered plan. And the secret government plan shows that public land in the city of Sydney is being sold off by the scandal-plagued Transport Assets Holding Entity (TAHE) to raise money for future overdevelopment, with plans to sell and rezone public land near train stations in suburban Sydney to make way for high-density development. Within the Sydney metropolitan area, the plan says, a A $11.6 billion development of 24 hectares of government-owned land near Central Station will be advanced, in addition to 10 hectares at Redferns and North Eveleigh. Influence. With Sydney City Council and local community groups arguing that government trading enterprises such as TAHE save the government money by devouring the future options of the communities around their developments, rezoning and selling rail assets to make money may again trump community outcomes. If the plan goes ahead, heritage and community benefits will be put on hold because of the need to maximise returns to the government. Narrative. Transport Asset Holding Entity (TAHE) is a model commonly used in transport-related public infrastructure projects to finance and manage transport assets such as rail, bridges, tunnels, and other infrastructure. TAHEs are often created to provide a dedicated entity that can focus on the management and maintenance of transport assets without additional responsibilities. The advantages of the TAHE model include improved asset management, greater financial sustainability, and enhanced transparency and accountability in the use of public funds. Establishment of TAHE for NSW. The event that led to the emergence of TAHE for NSW was the reclassification of TAHE's predecessor company, RailCorp, by the Australian Bureau of Statistics (ABS) as a General Government Sector (GGS) in 2012. This reclassification would have taken a significant portion of the GGS budget (860 million dollars in depreciation expenses). The funds provided to the Public Non-Financial Corporations (PNFC) are considered equity contributions and are not counted in the budget, thus reducing the drain on the GGS budget. Consequently, following the successful classification of TAHE as a PNFC entity by ABS in 2015, the structure of TAHE was jointly developed by Treasury and TfNSW and approved by the NSW Government on 11 April 2017. This included the change of name from the previous Rail Corporation to the Transport Asset Holding Entity, as officially announced in January 2020 (Transport Management Act 1988). The Transport Management Amendment Act 2018 provides detailed definitions, responsibilities, services, and functions of TAHE. The transition commenced in 2019, and the company officially began operating as a SOC in July 2020. Governance Arrangements for TAHE. In 2017, TAHE's role, as noted by the Treasury, is the strategic, commercial, and financial management of the NSW rail asset portfolio. Key objectives include conducting activities in a safe and secure manner, being a successful business, and maximising the net value of the State's investment in TAHE. TAHE will have primary responsibility for promoting the NSW rail network in line with the NSW Rail Access Commitment, which includes safety, modal integration, and compliance with the network and asset standards requirements issued by the NSW Department of Transport. The Minister for Transport will be appointed to the TAHE Board to support a coordinated approach to safety across the industry, and the Minister for Investment (Government) will have the power to issue binding directions to the TAHE Board to act in the public interest. TAHE Returns. TAHE's low rate of return is a very serious issue, as often the definition of a Public Non-Financial Corporation (PNFC) requires that the category of company must have a certain rate of return on investment to be recognised as a PNFC. The Ministry of Finance set a return on investment expectation for TAHE in 2015, indicating that an annual return on equity of 7% would be paid for each of the two years 2016-18, and in 2020 the expected rate of return drops directly to 1.5%. Such a return, even below the long-term inflation rate of 2.5%, clearly does not meet the criteria for considering TAHE's investments as equity contributions, and the forced classification would disrupt the budget structure. Whereas the transition period in 2020 results in a 20.3 billion dollars reduction in TAHE's holdings, it would take until 2046 to recover the loss assuming a 2.5% rate of return. In the 2021 financial report, 80 per cent of this comes from train company access and licence fees, whereas in reality, this is funded by a grant from the NSW GGS budget to the NSW Department of Transport. This means that TAHE's operation to bypass the GGS budget cap is still within the GGS budget cap. The 2022 annual report also shows that total expenditure exceeds total revenue by 413 dollars million, while the NSW government is currently committed to providing 1.1 billion dollars in 2023 and 4.1 billion dollars by the end of the 2031 contract to fund access and licence fees for rail operators. With the ABS now confirming the classification of TAHE as a PNFC, and the budgetary drain on the GGS still increasing, TAHE's role as a major budget space raiser will disappear in the long term. TAHE External Audit. The NSW Parliamentary Public Accountability Committee released a report of inquiry into TAHE on 8 April 2022, which concluded that TAHE was not created with proper consideration of financial implications, accounting standards, and risk mitigation. It was deemed inappropriate for TAHE to focus on property development as its primary business focus and instead should concentrate on the rail system. The final recommendation of the report was to disband TAHE and to reduce controls over the engagement of consultants where there are conflicts of interest, ensuring that consultants are selected to provide truly independent advice. The report was subsequently rejected by members of the government, and a response was issued in October 2022, accepting in principle the recommendation to engage consultants. In addition, the NSW Audit Office issued uncertainties about TAHE in relation to future access and licensing costs, additional funding provided outside of the forward estimation period, and the fair value of TAHE's non-financial assets. Furthermore, the fair value of TAHE's assets was reduced by 20.3 billion dollars as a result of the transition from RailCorp to TAHE. The financial audit also questioned whether TAHE's return on government investments could reasonably be expected. The report also identified the following risks: TAHE's ability to re-contract access and licence fees with rail operators, the possibility that government funding to TAHE's main customer, the rail operator, may not be consistent with the expectations of the current holding minister, and TAHE's inability to increase its non-government revenues.

Transportation Planning Casebook/Bays Precinct Transformation. Summary. The Bays West redevelopment plan is a large-scale urban renewal project in Sydney, focusing on revitalising and transforming a portion of the city's inland harbour foreshore. The initiative aims to create a vibrant, multifunctional environment for living, working, and recreation by adopting an integrated and holistic approach. This comprehensive plan covers a wide range of aspects to achieve sustainable development, ensuring balanced growth for the area that meets the needs of its residents and visitors alike. In order to enhance land use and infrastructure, the project focuses on optimising public transportation efficiency, increasing the supply of affordable housing, improving public facilities, and developing more green spaces. This is expected to significantly contribute to the overall quality of life for the residents while addressing potential challenges posed by the growing population. At the heart of the plan is the promotion of economic growth. Bays West aims to attract new businesses and innovative industries, creating employment opportunities for the local community and stimulating the regional economy. By fostering a thriving business environment, the project will generate prosperity and enhance the area's attractiveness to investors and entrepreneurs. Ecological sustainability is another crucial aspect of the Bays West redevelopment plan. By protecting and restoring coastal ecosystems, the project seeks to minimise the environmental impact of urban development while promoting the efficient use of resources. This ensures that the natural beauty of the region is preserved for future generations to enjoy. Community involvement is an essential element of the project's success. The Bays West plan encourages residents to participate in urban planning, fostering a sense of ownership and responsibility among the local population. This collaborative approach ensures that the needs of the community are addressed and that the project enjoys widespread support. Lastly, the Bays West redevelopment plan pays close attention to cultural activities and heritage preservation. By respecting and preserving the area's historical heritage, the project seeks to integrate both new and existing architectural and cultural elements. This approach not only enriches the area's identity but also helps maintain a connection between the past and the present. Annotated List of Actors. Land within Bays West is almost entirely owned by the government. Several NSW Government agencies own, manage, and use the site’s land, waterways, wharves, and infrastructure. Policy Issues. Public Transport Integration The Bays West precinct is centred around a new Metro Station that will be constructed as part of the Sydney Metro West project. Community concerns have been raised that not enough planning and attention has been given to other modes of transport that surround the precinct, namely bus and light rail services. Numerous bus services currently traverse the western edge of the precinct, but access to these services is limited due to a lack of pedestrian crossings at signalised intersections and frequent grade changes that result in circuitous walking routes . Submissions to the precinct have called for the expansion of existing services to serve the precinct better, improvements to walkability and better integration of bus and metro services through a proper and well placed interchange. Alternative arguments for proposed bus changes have raised concerns that rerouting of services will reduce direct buses to the city and add extra travel time for those travelling through the area . The Inner West Light rail line travels from the city to Dulwich Hill and has a stop called Rozelle Bay that is close to the precinct. Although the stop is only 600m away, the current walking route is five times that distance due to convoluted walking access caused by the City Westlink motorway . A landbridge is proposed to be constructed over the motorway to provide a direct active transport link between the Rozelle Bay light rail stop and future residents and the Metro station . Active Transport Links In connection to the above challenges caused by the City Westlink Motorway, there are also existing access challenges for the two main bus stops either side of Victoria Road near the White Bay Power Station. In the City of Sydney’s submission to the precinct, they called for a pedestrian and cyclist bridge be constructed from the new precinct to these stops. Further, Council also raised that there is a lack of secure bicycle parking facilities for the planned bus and metro interchange and that this piece of infrastructure is essential for the planned promotion of greater active transport use in the precinct . There have been calls to re-open the Glebe Island Bridge, which was the original road connection between Glebe and Rozelle before the ANZAC bridge was opened . This connection would be used as an active transport link and would be more conducive to active modes than the bridge that replaced it. Challenges with this proposal have be raised including that the bridge will need extensive upgrades and that existing boating and kayaking access to Blackwattle Bay would be restricted by the bridge switching from its current ‘open’ position to a ‘closed’ position . Proponents for the reopening of the bridge have been calling for a decision to be made by government and insisting that it should be brought forward to earlier stages of the project than currently forecasted . Heritage There exists within the precinct multiple important heritage assets, such as the White Bay Power Station and the Glebe Island Wheat Silos. In 2020, potential plans to demolish the Power Station to increase the dwelling potential of the precinct were floated by the then Premier, but this approach was scrapped soon after as a result of community and political opposition . At this stage, panning documents acknowledge the importance of retaining the precinct’s heritage fabric and realising the potential it represents . But despite these assurances, there remains community concern that the height and bulk of new buildings will overshadow and block views of the the heritage items and that they will not respect the character or scale of existing buildings . Road connectivity The plans for the first stage of Bays West show only one road in and out of the precinct. Accompanying planning documentation outlines that this decision is intentional as planning for movement around the precinct has focussed and centred around the metro and active transport modes. These will be prioritised over cars and vehicular transport, with exception of buses, to create a more walkable and healthy environment. Local community submissions have raised potential issues with this approach, especially warning of traffic congestion for the singular intersection and road which leads to the metro station and the flow on effects this would have on surrounding roads and areas . Furthermore, the surrounding suburban area in Rozelle is still very car centric and so submitters outline that traffic planning for the precinct should better consider surrounding areas. To assume adjacent car-centric areas will quickly adapt once the precinct is complete is potentially shortsighted . Cruise Terminal Operations It is planned that the White Bay Cruise Terminal, in the northern portion of Bays West, will continue to operate as a permanent component of the precinct . The terminal and associated operations have the potential to cause land use conflicts with residential areas as a result of noise, air pollution from ships, blocking vistas and viewpoints and additional traffic that would occur in high volumes at specific times . Delivering the project White Bay and surrounds have had multiple plans over the decades including a highly publicised deal with Google to build an innovation hub that never eventuated . The complexities of the precinct are likely the culprit for delays in revitalising it; this exposes an important question, will government be able to bring together all of the necessary agencies and actors outlined above to ensure they are on the same page and can collectively deliver the precinct in a timely and orderly fashion? In the face of confounding issues and conflicting views on how the precinct should be planned, compounded with broad criticisms for the similar Barangaroo precinct, Bays West is likely to be challenging for the state government to get right. Narrative. The Case for Change As the industrial nature of Bays West has evolved over time, the people and activities in and around the site were progressively excluded; now that economic conditions have reduced the importance of Bays West as an industrial area and port, the area’s life and vitality is notably missing . The plans for Bays West seek to create a vibrant and connected precinct that respects its cultural heritage and capitalises on its location close to the CBD . Sydney Metro Station The process for choosing station locations for the Sydney Metro West project was a complex balancing act between travel time savings and servicing as many communities as possible . In the end nine stations were approved including a station servicing The Bays . The decision to include The Bays over other alternatives was based on the potential the precinct holds to house large numbers of new residents and create many new jobs, notably within knowledge intensive industries . Further, a connection with the existing Inner West Light Rail Line, the multiple bus lines that traverse the area and the potential to serve tourists at the White Bay Cruise Terminal were also deciding factors . Revitalising industrial waterfronts The concept of transforming previously industrial waterfront land into new high rise neighbourhoods is commonplace throughout the world . Specific case studies were analysed as part of planning for the precinct including the Coal Drop Yards in London and The Naval Yard in Philadelphia . There are common elements among all of the examples, namely the existence of a number of heritage items pertaining to previous industrial uses, the location close to the city centre and provision of high frequency public transport to service them . Knowledge Hub There are plans for Bays West to become a hub for knowledge intensive jobs and industries as part of development of a ‘knowledge corridor’ spanning from the Central Station precinct to Bays West and beyond to Parramatta and Westmead along the Sydney Metro West Line . Bays West is also in the northern corner of the Sydney ‘Tech Central’ precinct which includes The University of Sydney, University of Technology Sydney and Sydney Airport . The Tech Central program involves government-funded access to affordable office space for startups and support for greater STEM university placements . Within the Bays, the continuation of port and maritime uses has been raised as a unique opportunity for Bays West to become specialised in these uses .

Transportation Planning Casebook/Sydney Trains Labour Relations. Summary. Sydney Trains network operate rail services across the Sydney metropolitan area bounded by Berowra, Bondi Junction, Waterfall, Macarthur and Leppington, Emu Plains and Richmond . There are 9 railway lines from T1 to T9 and 5 intercity lines that allow passengers from outlying cities to travel into Sydney . On 18th of February, the NSW Government attempted to cease the Sydney Trains workers right to take industrial action in Fair Work Commission . The workers from Sydney Trains proceeded industrial action and the argument between the workers from the Sydney Trains and NSW Government continued for more than 12 months . This incident brough Sydney trains network to experience major disruption. On Monday 21st of February, when the labour strike between the employees of Sydney Trains and NSW Government increased, the NSW Government closed down the train networks and locked out the workers of Sydney Trains, stopping them from working on their tasks. It brought chaos to public transport affecting a large number of passengers. A day after, the train network re-opened. The Rail, Tram, and Bus Union (RTBU) began continuous industrial action in June, with delays and cancellations of train services. The industrial actions ended with an agreement between the union and the NSW Government on pay and conditions on 30th of January 2023 . Causes of Industrial Action. The Unions took industrial action to prevent privatisation of public transports. The NSW Government planned to privatise their state transit authority and NSW bus operations . A common claim of privatisation of public transport is providing higher performance and reliable transport services compared to state owned transit operations. However, privatisation of transport brought worse outcomes in the past such as, low performance and services, and higher travelling costs. Another reason for the industrial action is to provide safer workplace addressing critical safety issues of the new fleet of intercity trains . The train drivers and guards reported three critical safety issues, which are: Lastly, the inflation continued to increase as the supply chain was interrupted during the Covid pandemic and lockdown, and Sydney Trains workers demaned pay rise to keep up with the cost of living . Annotated List of Actors. Sydney Trains. Sydney Trains is the main intercity and suburban railway operator in New South Wales. It is responsible for providing a wide range of train services covering the entire Sydney metropolitan area. In this case, Sydney Railway is the subject of negotiations with the union regarding employee wages and working conditions. Trade Unions (Australian Railways, Transport, and Utilities Union). In this case, the trade union represents employees of Sydney Railways, striving for better wages and working conditions. Trade unions play an important role in negotiations with Sydney Trains, organizing strikes and protests to put pressure on Sydney Trains. Union members seek solutions through these actions, including increasing wages, improving employee work environments, reducing fatigue driving risks, and improving the quality and safety of train services . NSW Government. The New South Wales government is responsible for regulating and managing Sydney trains. In this case, the state government played a mediating role in the escalation of labour disputes, helping both parties reach an agreement and restore normal operations. Damien Tudehope, the Minister of Labor of New South Wales, hopes that the federal government will intervene in resolving long-standing disputes with the Railway, Tram, and Bus Union (RTBU). He requested Federal Secretary Tony Burke to use his power to deprive RTBU of the right to take protected industrial action . Sydney Train Employees. This includes drivers, maintenance personnel, ticket sellers, and other types of staff. They are participants in industrial actions and organizers of strikes and protests. The employee's demands for wages and working conditions in this case are key factors leading to labour disputes. Passengers. Users of Sydney trains, including commuters, students, tourists, etc. In this case, passengers were affected by train service interruptions and became indirect stakeholders. Their needs and expectations have an impact on the decisions of Sydney Trains and the government in resolving labor disputes. Although the actions of the railway, bus, and tram unions are not strictly 'strikes', they have had a significant impact on the daily lives of Sydney citizens . Australian Federal Government. The Australian federal government is expected to help state governments address this challenge, but its role in this industrial action may be limited as the Sydney train system is mainly managed by the New South Wales government. Tony Burke, the Federal Minister of Employment and Labour Relations of Australia accused the New South Wales coalition government of being either naive or intentionally misleading. He believed that the state government should rely on the Fair Work Commission (FWC) to resolve disputes, rather than seeking intervention from him. Burke stated that the state government should use its power to present arguments to the committee or better resolve disputes, rather than requiring it to intervene with unprecedented power. Policy Issues. The 2022 Sydney Trains industrial action was largely related to policy issues. Disagreements between the Union and the NSW Government on employer safety and wellbeing, and the safety of the train system arise from and are settled with policies. The labour strikes are used a means to persuade the Government to change their policies and come to a compromised agreement. Some organisations include the Unions are protected by the fair work act, which outlines laws around industrial action and enterprise agreements. Sydney Trains and NSW TrainLink Enterprise Agreement. Section 183 of the Fair Work Act 2009 states that employee organisations are entitled to an enterprise agreement to cover them. The Sydney Trains and NSW TrainLink Enterprise Agreement covers areas such as the wage cap, employer redundancy policies, and employer contracts. When the state government proposed a three year enterprise agreement with Unions NSW, the new terms were not supported by the Union. They claim the proposed wage cap increase did not suffice given the high inflation rate, and that the agreement would eliminate jobs and reduce the amount of full time work.This is one of the contributing factors to the industrial action. Ultimately, a compromise was reached, with the Government proposing a two-year agreement, Sydney Trains and NSW TrainLink Enterprise Agreement 2022, geared towards what the Unions were striving for. Safety and Wellbeing Policy. One of the issues regarding the new fleet of trains was safety. The cameras on the new trains had a blind spot below 1.1m, which the Union can argue breaches the Safety and Wellbeing Policy. This policy states that elimination of risk should be sought before minimisation of risk, and that workers should be engaged with health safety and wellbeing goals. Given the Union believed that the new fleet of trains were not safe for customers, and the wage cap increase was not adequate for the wellbeing of workers, they have the grounds to protest based on this policy. The Sydney Trains Health and Safety Policy provokes similar arguments.   Risk Management Policy. The NSW government has established a strict risk management framework to ensure 'risks across all areas of business are identified and understood, effectively managed and monitored. Each level of employee is delegated responsibilities. The responsibility of Staff workers is to 'Identify risk issues and concerns (and escalate to management, if necessary) and implement specific risk management action'. Under this policy, the Union is obliged to escalate their safety concerns with the new fleet, and it is the higher authorities job to ensure these risks are understood and managed appropriately. The governments reluctance to change their proposed enterprise agreement motivated the Union to also strike on safety grounds. Asset Management and Procurement. The safety issues opposed by the Union are to do with a newly ordered fleet of trains by the NSW Government. There are asset management and transport procurement policies in place to oversees such deals. The Sydney Trains Asset Management policy calls to 'optimise decision making through consideration of safety, cost, risk and performance'. The NSW Government claims the new trains are an improvement on the previous fleet, however the Union disputes that there are related risks and safety issues which is where this policy becomes controversial. The NSW Transport Procurement Policy states that transport infrastructure should be customer centred, create jobs for NSW citizens, Support businesses and consider risks and apply a high standard of ethics. The Union believed it was doing none of those things. On the other hand, the government would have claimed the new train fleet would 'Achieve better customer outcomes as per the asset management policy , and improve and innovate across the procurement lifecycle to maximise value for money for gov perspective as per the transport procurement policy. Protected action ballot. The Fair Work Act 2009 provides clear rules governing industrial action. When employees take action to support claims in relation to an enterprise agreement, and it is authorised by secret ballot, it becomes protected industrial action. Protected industrial action means they have immunity from civil liability under State or Territory law. In 2022, the Union voted 93% for industrial action in a protected action ballot, granting the action protected.   NSW Industrial Relations Act. The wage cap issue would not be a problem if it weren't for the introduction of section 146C to the NSW Industrial Relations Act of 1966 in the year 2011. This section allowed the NSW Liberal-National government sole authority over wage determination in NSW. The Industrial Relations Commission must therefore give effect to policies regarding the wage cap. Hence, the enterprise agreement of 2022.. Government Response. Given the large scale of the industrial action, and the effect it was having on the economy, the government reacted by threatening to introduce several new policies in order to restrict the impact and extent of the strikes. This included introducing a bill to increase strike fines by 550% as well as ‘acting in concert’ laws which would stop unions from campaigning six months leading up to the 2023 NSW state election. Neither bill passed. Narrative. Background. Sydney Trains operates rail services in Greater Sydney, stretching from Berowra in the north, Emu Plains in the west, and Macarthur and Waterfall in the south. There are 168 stations on this network, with 418 000 (2021-22 figures) customers each weekday. As well as operating rail services, Sydney Trains is also responsible for operating the Rail Operations Centre, and for the maintenance of their tracks, trains and stations, signals, overhead wiring and facilities as well as the majority of those used by NSW TrainLink’s intercity rail network. Sydney Trains' workers are represented by the Australian Rail, Bus and Tram industry union (RBTU). The RBTU’s primary goal is to protect and build workers’ rights at work as well as lobbying and representing their members’ rights in the workplace and industry through ensuring a safe workplace, and maintaining pay and conditions.   The New Intercity Fleet (NIF) and the safety issues relating to the lack of a train guard during operations is loosely intertwined with the labour relations and ongoing negotiations. The New Intercity Fleet was designed by the NSW Government and intended to be operated with a driver only, and CCTV to be used to check for clearance at the doors of the train after stopping at stations. To further complicate, the NSW Government related the issues of the NIF safety issues with the Sydney Trains Enterprise Agreement negotiations due to the industrial action which was taken by rail shunters and signallers which were part of the union.  However, this was used in the negotiation process despite the unions calling for two separate negotiations. This created overall confusion for the general public.   In June 2021, bargaining for a new enterprise agreement began. An enterprise agreement is an agreement which outlines the terms and conditions relating to a group of people’s employment. This includes their wages. Between June 2021 and February 2022, there were negotiations between the RBTU and the state government, however there was no progress with negotiations. By September 2021, members of the RBTU began to take industrial action. On 18 February 2022, the NSW Government made an attempt to remove the right for the union members to take industrial action by taking the issue to the Fair Work Commission. However this failed and industrial action continued. The key event. Then, on 21 February 2022, the entire Sydney railway network was shut down by the NSW Government. No notice was given to workers about this and railway workers were “locked out”. Initial media reports blamed the union and its workers, however further clarification into the events revealed that that railway workers arrived to work, but were not allowed to work. The railway network reopened the next day. Between March 2022 and July 2022, negotiations continued relating to the enterprise agreements, as well as the safety concerns relating to the New Intercity Fleet (NIF). The NSW Government position on the matter was that changes to the NIF would be made if the RBTU signed off on the pay rise that was in line with their wages policy. Resolution. The Sydney Trains Enterprise Agreement was finally signed on 31 January 2023, and includes a wage increase for workers and well as giving the Fair Work Commission power to determine if their wage increase should be higher than the rate outlined in the NSW Wage Policy. This allows an independent body to decide on the wage increase rate. As part of this agreement, workers are enabled conditions such as additional leave for family and domestic violence, as well as improved job security and support for professional registration.   Meanwhile, the Deed relating to the NIF and the need to implement changes to the fleet was signed off on November 25, 2022. Discussion Questions. 1) Do negotiations really make a difference to the issues surrounding and the outcomes of the Sydney labour strikes? 2) How has industrial action and lockdown measures on Sydney Trains affected the quality of public transport services? What are the passenger and socio-economic impacts of this? 3) If different policies were in place would the strikes have happened? Were the motivations of each party justified? 4) What implications have the strikes had on customer perceptions of the government, Sydney Trains and rail in Greater Sydney? 5) What steps should Sydney Trains take to prevent the recurrence of labour relations issues, industrial action, and lockouts in the future?

Jet Propulsion/Materials. "Jet propulsion". Jet Propulsion is a type of propulsion used in aircraft, spacecraft, and other vehicles that involves the expulsion of high-speed gases to generate thrust. Jet propulsion systems are critical to modern aerospace engineering and require the use of advanced materials to withstand high temperatures, stresses, and corrosive environments. Materials used in jet propulsion systems must exhibit a range of properties, including high strength, low weight, good thermal conductivity, and durability. Common materials used in jet propulsion systems include high-temperature alloys such as titanium and nickel-based super-alloys, which exhibit excellent high-temperature performance and resistance to wear and corrosion. Ceramic matrix composites (CMCs) are another type of material commonly used in jet propulsion systems. CMCs offer high-temperature performance, excellent wear resistance, and low thermal expansion, making them ideal for use in hot sections of jet engines. In addition to materials selection, manufacturing processes are also crucial in the development of jet propulsion components. Advanced manufacturing techniques such as 3D printing and additive manufacturing have become increasingly important in the production of jet propulsion components, allowing for the creation of complex geometries and reducing production time and cost. The use of advanced materials and manufacturing techniques has enabled significant advancements in jet propulsion technology. For example, the development of high-thrust, high-efficiency turbofan engines has revolutionized air travel, allowing for longer flights with reduced fuel consumption and emissions. As technology continues to evolve, new materials and manufacturing techniques will undoubtedly play a critical role in the ongoing development of jet propulsion systems. The use of advanced materials and manufacturing techniques will enable the creation of even more efficient and reliable jet propulsion systems, further advancing the field of aerospace engineering. Some examples of sources that discuss the use of advanced materials in jet propulsion systems include: Additional sources on jet propulsion and materials science can be found in academic journals such as "The Journal of Propulsion and Power", "The Journal of Aerospace Engineering", and "The Journal of Materials Science."

Cricket/Scoring. If the bat touches the ball and the batsmen run one time in the pitch it is one run. Subsequently the amount the batsmen run through the pitch gets scored. That is up to 3 runs. If the ball bounces before crossing the boundary rope it is 4 runs. But if it doesn't bounce, it is a six - or 6 runs are scored

Pokémon Red and Blue/Safari Zone. The Safari Zone is a large area located north of Fuchsia City. It contains many Pokémon that cannot be found anywhere else. You must pay a fee of •500 every time you enter the Safari Zone. You are given 30 Safari Balls, and are released into the Zone. When you throw your last Safari Ball, you are automatically teleported back to the entrance. Additionally, there is a time limit. Once you enter the Zone, the game will start counting “steps” (movements from one tile to another, triggered by pressing the + Control Pad). When you take your five hundredth step, you are teleported to the entrance. Catching Pokémon. You do not (and cannot) use regular Poké Balls to capture Pokémon in the Safari Zone. You use the Safari Balls instead. When you encounter a wild Pokémon, you must start throwing Safari Balls immediately, hoping for a lucky break. You are not permitted to battle the Pokémon in any way before you throw the Safari Balls. Naturally, the more desirable Pokémon are encountered less, and the better a Pokémon is, the more often it will escape from your Poké Balls. You are also given Pokémon Food and a supply of rocks. When you encounter a wild Pokémon, you have the choice of throwing either. (You never run out of these items.) Throwing food will make the Pokémon more or less likely to stay inside a Safari Ball. Throwing rocks causes most wild Pokémon to flee.

Supplementary mathematics/Regular polygon. "Regular polygon" in Euclidean geometry is a polygon whose angles and sides are equal. Regular polygons can be cuboid or star-shaped. In the limiting case, a sequence of regular polygons with increasing number of sides becomes a circle if the perimeter remains constant and becomes an apeirogon if the length of the side remains constant. Perimeter and Area. perimeter. The perimeter of a regular polygon is based on the multiplication of the number of sides of a regular polygon and the size of the sides of a regular polygon. The perimeter of the area is obtained based on this relationship. formula_1 Here n is equal to the number of sides of a regular polygon and a here is equal to the size of the sides of a regular polygon Is. Area. The area of a regular polygon is obtained based on trigonometric relationships. The area of a regular polygon is based on the fact that it is made of 1x1 squares and the number of its sides is n, and because it is based on the number pi, the number of sides expands trigonometrically based on the cotangent in the form of pi. It is obtained by dividing the number of sides of a regular polygon. The area of a regular polygon is written accordingly: formula_2 Here, pi is in radians (equal to 180°). The square area relationship by trigonometric method. Since the square is a regular polygon, its area can also be written as the area of a regular polygon which is obtained by trigonometric method, which is as follows: formula_3 here: formula_4 formula_5 Therefore, the area of a parallel square is equal to the square of its side. Other other formula area. The area of an "n-" regular polygon with the size of the side a, the radius of the surrounding circle "R", the radius of the surrounding circle "r" and the perimeter "p" is obtained using the following relations: where R is equal to:

Supplementary mathematics/Conical section. In mathematics, a conic section (or simply a conic, sometimes called a quadratic curve) is a curve obtained as the intersection of the surface of a cone with a plane. Three types of conic sections are: hyperbolic, parabolic and elliptical. A circle is a special case of an ellipse, although historically it is sometimes called the fourth type. Ancient Greek mathematicians studied conic sections, culminating in Apollonius Perga's systematic work on their properties around 200 BC. Definition. Circle. A circle is the set of points in a plane that are equidistant from a given point O . The distance  from the center is called the radius, and the point O is called the center. Twice the radius is known as the diameter D=2r . The angle a circle subtends from its center is a full angle, equal to 360° or formula_1 radians. A circle has the maximum possible area for a given perimeter, and the minimum possible perimeter for a given area. Ellipse. In mathematics, an ellipse is a plane curve surrounding two focal points, such that for all points on the curve, the sum of the two distances to the focal points is a constant. It generalizes a circle, which is the special type of ellipse in which the two focal points are the same. The elongation of an ellipse is measured by its eccentricity formula_2, a number ranging from formula_3 (the limiting case of a circle) to formula_4 (the limiting case of infinite elongation, no longer an ellipse but a parabola). Parabola. In mathematics, a parabola is a plane curve which is mirror-symmetrical and is approximately U-shaped. It fits several superficially different mathematical descriptions, which can all be proved to define exactly the same curves. The parabola was studied by Menaechmus in an attempt to achieve cube duplication. Menaechmus solved the problem by finding the intersection of the two parabolas formula_5andformula_6 . Euclid wrote about the parabola, and it was given its present name by Apollonius. Pascal considered the parabola as a projection of a circle, and Galileo showed that projectiles falling under uniform gravity follow parabolic paths. Gregory and Newton considered the catacaustic properties of a parabola that bring parallel rays of light to a focus (MacTutor Archive), as illustrated above. Hyperbola. Each branch of the hyperbola has two arms which become straighter (lower curvature) further out from the center of the hyperbola. Diagonally opposite arms, one from each branch, tend in the limit to a common line, called the asymptote of those two arms. So there are two asymptotes, whose intersection is at the center of symmetry of the hyperbola, which can be thought of as the mirror point about which each branch reflects to form the other branch. In the case of the curve  the asymptotes are the two coordinate axes. Hyperbolas share many of the ellipses' analytical properties such as eccentricity, focus, and directrix. Typically the correspondence can be made with nothing more than a change of sign in some term. Many other mathematical objects have their origin in the hyperbola, such as hyperbolic paraboloids (saddle surfaces), hyperboloids ("wastebaskets"), hyperbolic geometry (Lobachevsky's celebrated non-Euclidean geometry), hyperbolic functions (sinh, cosh, tanh, etc.), and gyrovector spaces (a geometry proposed for use in both relativity and quantum mechanics which is not Euclidean). Equations of Conics. The conic sections can be described in a suitable x-y coordinate system by 2nd degree equations: For the sake of completeness, two more cases are added, which do not appear as actual conic sections, but are also described by equations of the 2nd degree: The last two cases can appear as plane sections of a right circular cylinder. A circular cylinder can be viewed as the limiting case of a cone with a cone apex at infinity. Therefore these two cases are included in the conic sections. Plane sections of the unit cone. To determine that the curves/points referred to above as conic sections actually occur when a cone intersects a plane, here we intersect the unit cone (straight circular cone) formula_17 with a plane parallel to the y-axis. This is not a limitation as the cone is rotationally symmetrical. Any right circular cone is the affine image of the unit cone formula_18 and ellipses/hyperbolas/parabolas/... go back into the same with an affine mapping. Given: plane formula_19 cone formula_20. Wanted: Intersection formula_21. Parametric representations of the intersection curves can be found in Weblink CDKG, pp. 106-107. "Summary:" Pencil of conics. A (non-degenerate) conic is completely determined by five points in general position (no three collinear) in a plane and the system of conics which pass through a fixed set of four points (again in a plane and no three collinear) is called a pencil of conics. The four common points are called the "base points" of the pencil. Through any point other than a base point, there passes a single conic of the pencil. This concept generalizes a pencil of circles. In a projective plane defined over an algebraically closed field any two conics meet in four points (counted with multiplicity) and so, determine the pencil of conics based on these four points. Furthermore, the four base points determine three line pairs (degenerate conics through the base points, each line of the pair containing exactly two base points) and so each pencil of conics will contain at most three degenerate conics. A pencil of conics can be represented algebraically in the following way. Let and be two distinct conics in a projective plane defined over an algebraically closed field . For every pair of elements of , not both zero, the expression: represents a conic in the pencil determined by and . This symbolic representation can be made concrete with a slight abuse of notation (using the same notation to denote the object as well as the equation defining the object.) Thinking of , say, as a ternary quadratic form, then is the equation of the "conic ". Another concrete realization would be obtained by thinking of as the 3×3 symmetric matrix which represents it. If and have such concrete realizations then every member of the above pencil will as well. Since the setting uses homogeneous coordinates in a projective plane, two concrete representations (either equations or matrices) give the same conic if they differ by a non-zero multiplicative constant.

Information Technology and Ethics/Remote Work. Remote Work. Remote work refers to working from a remote location or commonly from one's home. Remote work allows an employee to work from an off site location. Due to the Covid-19 Pandemic many businesses and offices had to be closed and companies had to shift employees to remote work and work from home. “In 2019, fewer than 6% of Americans worked primarily from home, per the American Community Survey.” Company Monitoring of Employees. Due to the Covid-19 pandemic remote work from home has increased in prevalence since 2020. According to the Pew Research Center, “57% say they rarely or never worked from home prior to the coronavirus outbreak.” With business concerns over how productive employees are productive when working from home, monitoring software has been implemented with work from home to monitor employees' engagement to and making sure they are working. “Monitoring ensures that the company’s resources are being used efficiently. Employee monitoring also includes checking the activities of the employees working outside the office to identify if the provided resources are used well.” Some of the ethics concerning monitoring employees require transparency of monitoring, effective policies, and communication with the employees. Network Monitoring. As per the statistics from the United States Census Bureau, the number of people working from home has increased thrice from 2019 to 2021. The primary reason is the COVID-19 outbreak. Moving forward some big companies are giving options to their employees for Work From Home. While employees are working from home on their company-managed resources, networks, and the internet is one of the big concerns for them and Monitoring of these networks becomes a major concern for organizations. As long as employees are working from the office, they are connecting to the internal organizational networks, in that case, employees can only be able to connect to authorized connections. For example, if JIRA is widely used by the company for managing support and engineering tickets, it will have access to the JIRA portal. However, some organizations restrict the use of third-party websites or applications like WhatsApp, Facebook, Youtube, etc., so that these websites are not accessed and this will reduce the risk of cyber attacks. When employees are working from home they are asked to sign in to a network or a VPN connection to connect to the internal organizational network. However, even if employees are not connected to a VPN connection, some organizations still allow them to connect to third-party websites or applications. In that case, there is still a risk of cyber attacks as employees are using third-party applications on organizations' resources. For these concerns, companies put some restrictions and monitor every network that the resources connect to. IT administrators in organizations are experts in these types of tasks and they customize company-managed resources in such a way that every connection is monitored. Every single IP address that the machine connects to is recorded and tracked regularly by the IT team people to reduce the risk of cyber-attacks and prevent further damage to resources. They track every single activity that users perform on different networks with company resources like Mobiles, Laptops, desktops, etc. Packet sniffers are one of the best examples of network monitoring or surveillance tools that are used by companies. These keep track of Websites visited, frequency of websites visited, page views, emails sent, messages sent, any unattended network, downloads, etc. These tools help companies to determine how much time an employee is online and whether are they performing any inappropriate activity or not. Apart from these, companies use firewalls and network/router logs to monitor overall internet traffic. They also periodically scan resources and networks to determine if any unethical behavior is performed or if any forbidden websites have been visited. They write firewall rules to block a third-party website that is regularly visited by people. Remote Connection Monitoring. Remote connection monitoring also known as end point monitoring is the use of software tools to manage how each remote device connected to the network behaves. While it is crucial to use remote connection monitoring to save on time and money, employers should not use the opportunity to infringe on their employee’s rights to privacy and security. Below are some of the ethical considerations organizations and employers can take into action for remote connection monitoring. 1.Establish clear remote monitoring policies: Companies should strive to develop a clear set of policies on the purpose and scope of remote connection monitoring. The policy should define what activities need to be monitored and also outline activities that would be deemed inappropriate . A clear policy not only builds employee trusts but also removes the vagueness of blanket policies. 2.Protection of sensitive information: Companies should ensure that the monitoring procedures in place maintain data confidentiality by limiting access and having strict policies to ensure data security. 3.Communicate with employees: Open communication by companies to employees about the remote connection monitoring policy ensures that employees understand and know the extent of monitoring. 4.Balance privacy considerations: Monitoring should only be carried out to the intended goal and nothing beyond that as it would constitute an infringement on private data. 5. Application of a uniform monitoring: Companies should apply remote monitoring uniformly across all employees to avoid singling out some employees or groups which could lead to legal issues and cause resentment among employees which could create a hostile work environment. There is clearly no doubt that remote connection monitoring usage has grown in the recent years and also the growth of monitoring software which has made monitoring easier more accessible than ever. However, companies should always put in place ethical policies when remotely monitoring employees. Employee Abuse of Company Devices. Any improper or misused use of equipment provided by the employer for work-related reasons such as computers, smartphones and tablets are referred to as employee abuse of company property. These behavior's might be as basic as utilizing company equipment for personal use while at work to more significant ones like intentionally introducing virus or stealing company data. Employee asset misuse can be big or small. All instances of misuse are detrimental to an organization. Any abuse of company assets for personal gain qualifies as asset misuse. Some types of misuse: When an employee takes their power within your company. Although you might be tempted to act right away, it is often preferable to wait as long as it is reasonable. An expertly executed employee asset misuse investigation will gather proof of prohibited or unlawful behavior's within your company giving you leverage.  If you select a lawsuit against the offending employee, information like this will be required. The Computer Fraud and Abuse Act (CFAA) prohibits purposeful access to a computer without authorization or with more authorization than necessary although it doesn't specify what "without authorization" implies. Although the CFAA does not define the term "without authorization" it does state that "exceeds authorized access" means using permitted access to a computer to obtain or modify information that the user is not authorized to do so. One way to address technology abuse in the workplace is to use web filtering software to block access to undesirable websites. Employers can also create internet use policies that eliminate internet misuse and addictive behavior's while still allowing for the positive benefits of internet use in the work environment. Additionally, supervisors can reinforce these policies and internet filters can be used to monitor internet use. By implementing these steps, employers can reduce the risk of employee abuse or misuse of company devices and protect their company's data and assets. Employees committing Time theft while at home. The term Time Theft is a rather loose term describing a specific type of theft by an employee on the employer. This term applies primarily to two separate means of theft. The first way is in the case that an employee misrepresents his/her hours worked in order to gain larger sums of money for time that the employee did not work. The second way, is where an employee shirks responsibility and avoids doing their job while participating in paid company time. The latter term has also been dubbed Quiet Quitting by many media outlets in recent years. Both of these methods behave as theft as the employee betrays their responsibility in the capitalist transaction of labor for credit, by failing to uphold their commonly contractual agreement to provide services for the money in which they are receiving. And as such are of negative ethical impact. With the growth of remote work it has become more difficult for employers to detect and prevent time theft. As they cannot physically monitor their employees' activities as easily as they could in an office setting, employer's have begun to look for new methods to prevent Time Theft. Some companies have implemented new technologies such as time tracking software and keystroke monitoring tools to ensure that employees are working productively. The ethical repercussions of remote work aided time theft are multifaceted. On one hand many employees would seek to argue, that they deserve the dignity and respect to be trusted with managing their own time and allowed to work in the way that best suits them. This is regardless of whether that involves employees taking breaks or engaging in personal activities during work hours. However arguably speaking, employers reserve the right to expect their workers to work attentively and productively during work hours, especially if those employees are compensated for that time. As it currently stands, it remains the company's decision regarding how they want to handle time theft in a remote work setting. Some companies have chosen to be more lenient and allow their employees more flexibility, while others have taken a stricter approach and use technology to closely monitor their employees' activities.

Nuclear Energy. Welcome to the Wikibook of NUCLEAR ENERGY Nuclear energy has been one of the most important actions and discoveries of mankind. The nuclear reactor, the use of nuclear fission, the extraction of nuclear lava, etc. are among the most important things in nuclear energy. This book is about nuclear energy. = Items = Application. = References =

Information Technology and Ethics/Social Media and Conflicts. Social media plays a massive role in today's society, offering users the ability to share content online, connect with friends, and browse content. The simple definition of social media is a platform created for people to interact, share, create, and discuss in virtual communities. There are many variations of social media, including discussion forums, photo sharing applications, professional networking applications, microblogging, and entertainment sites like YouTube. Social media was first created in 1997 with a site called “Six Degrees,” where users were able to create a profile and make friends on the platform. Society has come a long way since the inception of social media, to the point where it seems almost impossible to live without it. It has enabled users to create movements, collaborate towards a common goal, influence government officials, and even overthrow regimes, all without coordinating face-to-face. This dramatic increase in social media use does come with its fair share of impacts on a global scale. While social media is great for bringing people together, as seen in the Arab Spring, it can also be used to incite conflict and promote propaganda. Disinformation campaigns run constantly, promoting false information to incite conflict within populations. The content shown to users online is formulated to their interests and groups, which results in people seeing content that fits their agenda, regardless of whether it is correct or violent. The spread of fake news across social media, promoted by high-influence individuals, leads to others following and creating conflict based on false information. While social media can be used for many great things, there are many issues, such as misinformation and conflicts, that need to be resolved. History. Although social media use in conflicts is a recent phenomenon, its history of using communication technology during war and conflict dates back centuries. Each major technological advancement, from the printing press to the telegraph, radio, and television, has made it possible for people to communicate information and influence public opinion in ways that were once impossible. Social media's modern history can be traced back to the early 2000s when sites like Facebook, Twitter, and YouTube gained popularity. However, the widespread use of social media in conflicts has been more recent. The invention of the printing press in the 15th century enabled the widespread production and transmission of information, including newspapers and pamphlets critical in propagating revolutionary ideas during the American Revolution. The invention of the telegraph in the mid-nineteenth century enabled quick communication over large distances and was widely utilized during the American Civil War to relay military orders and news updates. During World War I and World War II, radio broadcasts became essential for transmitting news and propaganda to both soldiers and civilians. Radio was also used to promote ideological ideas during the Cold War. Television emerged as a major medium during the Vietnam War, giving images of the war's brutality and changing public opinion. The US military exploited satellite technology and live television broadcasts to affect the public image of the Gulf War. One of the first examples of social media being used in a conflict occurred during Iran's Green Movement in 2009. Iranians used Twitter to spread information about the government crackdown and organize anti-disputed presidential election protests. Twitter became a vital tool for Iranians to bypass government restrictions and share information with the rest of the world. The Arab Spring uprisings in 2010 were another landmark point in the use of social media in conflicts. Activists used social media sites such as Facebook and Twitter to coordinate protests and exchange information about government persecution. Social media was also utilized to highlight human rights violations and rally international support for the protests. Social media played an important role in the Syrian civil war that began in 2011. Syrian activists used sites like Facebook and Twitter to spread information about the government's abuses and organize anti-regime protests. Civilians used social media to capture the war's human toll, posting videos and photographs of the destruction and violence they observed. More recently, social media has been used in conflicts such as Myanmar's Rohingya crisis to propagate misinformation and encourage violence against minority populations. Similarly, social media has been utilized in Yemen's ongoing conflict to highlight human rights violations and raise awareness of the situation. Role of Social Media in Conflicts. Social media has had a significant impact on many aspects of society, including international conflicts. One of the most notable ways in which social media has affected conflicts is by democratizing information and news reporting, allowing attention on previously underreported or suppressed issues. This has given marginalized groups a powerful voice in the face of tyrants and oppressive regimes, bypassing traditional media organizations that have always controlled the narrative. These organizations sometimes have been active participants in peddling state narratives, thus skewing public opinion in favor of the powerful. Social media has been crucial in countering such propaganda and wresting power back to the common people. However, social media has also been used to spread disinformation, incite violence, and manipulate public opinion. One of the positive impacts of social media in conflicts is that it has amplified voices and helped raise awareness, allowing individuals from different cultures, backgrounds, and socio-economic statuses to connect with each other and gain a better understanding of different peoples and their struggles. Social media has also allowed individuals to come forward with their lived experiences, providing a more individual perspective on conflicts. Such interactions help create informed and nuanced opinions, keeping in view the human experiences and suffering. Such activism helps formulate public opinion, which can create pressure groups to influence policy decisions. This can help in favorable policy changes or increased humanitarian aid. In all major world uprisings and conflicts, social media has played a pivotal role, becoming an essential tool in the hands of protesters and activists. Real-time information sharing on social media platforms such as Facebook, Twitter, Telegram, and Instagram has allowed protesters to organize and disseminate updates, allowing for smoother and coordinated mobilization. Organizers can coordinate logistics, such as meeting points and routes for protests, using social media. This has also allowed flexibility and unpredictability, making it difficult for authorities to clamp down on protesters. The viral nature of social media has allowed the spread of such information to a larger audience through targeted amplification. This has helped attract more supporters and participants in ensuing protests. However, the usage of social media in conflicts has resulted in responses from governments and regimes aimed at suppressing such protests. In many areas like the Kashmir and Iran protest movements, authorities have stifled dissent by imposing blanket bans on the internet for prolonged periods, making it difficult for the spread of information from the ground zero. IIn conflict zones, social media has very real-world observable impacts that could be for good. However, social media also has the potential to do a lot of harm in conflict zones. Social media allows malicious actors to spread propaganda, as we have already seen how the viral nature of social media can be used to spread a message. People spreading propaganda also use these methods to spread misleading information. The aim of such propaganda is to deceive the common populace by concocting facts and presenting misinformation cooked in half-truths. The propaganda finds traction in echo chambers as it confirms the biases that particular group holds, making conflict resolution very difficult. Social media platforms' algorithms are designed to give more visibility to emotionally charged content to drive engagement, further spreading such propaganda. The lack of immediate consequences as a result of the anonymous nature of social media allows such behaviors to foster and grow. Governments and state actors also use social media to further their propaganda as part of a broader war strategy. In addition to state entities, extremist groups have also used social media to recruit naïve individuals to increase their numbers. Extremist groups use targeted propaganda aimed at influencing young people to subscribe to their ideologies. Such vulnerable people, especially from conflict areas with preconceived biases about other groups, are easy preys for such groups. Extremist groups have also used social media to propagate dangerous articles about making explosives and training material. Social media platforms are a rich source of information, and enemies may utilize them to gather intelligence about their targets. They can, for example, monitor the profiles and activities of critical persons, or government agencies to gather sensitive information, detect weaknesses, or follow travels. This information can also be utilized by adversaries to conduct social engineering attacks to infiltrate a sensitive facility. Spy agencies use this data to launch catfishing attacks on lonely border soldiers to extract sensitive location information. In addition, geo tagged information help adversaries in establishing movements of their targets, identify places they frequent, or even uncover undisclosed locations. Social media data can help locate potential vulnerabilities, and pinpoint individuals who may be more susceptible to manipulation or recruitment. Overall, social media has played a complicated and multidimensional role in global conflicts. While technology has facilitated beneficial change and increased awareness, it has also aided in the spread of misinformation, violence, and divisiveness. As a result, while examining social media's involvement in conflicts, it is critical to evaluate both the positives and negatives. Examples of Social Media in Conflicts. Social media has been utilized in numerous conflicts around the world. Here are some examples Civil War in Syria. Syria's crisis, which began in 2011, has been one of the deadliest of the twenty-first century. In the early phases of the crisis, activists used social media sites such as Facebook, Twitter, and YouTube to film the violence and gather support. Social media was also used to coordinate protests and spread news about government persecution. Arab Spring. Social media played a crucial role in the Arab Spring, which began in Tunisia in late 2010 and swiftly expanded throughout the Arab world. Activists used platforms like Facebook, Twitter, and YouTube to plan protests, communicate information about government persecution, and highlight human rights violations. Ukrainian Revolution. In 2014, social media played a crucial part in the protests that led to Ukrainian President Viktor Yanukovych's ouster. Activists used platforms like Twitter and Facebook to exchange information and organize protests, and social media was crucial in capturing police violence and human rights violations. Propaganda by the Islamic State of Iraq and Syria (ISIS). ISIS used social media to distribute propaganda and recruit new members. Twitter and YouTube were used to transmit recordings of beheadings and other violent acts, as well as to convey extremist beliefs and inspire others to join the group. The Rohingya crisis. The crisis in Myanmar has seen the use of social media to propagate misinformation and encourage violence against minority communities. Facebook has been especially powerful, with false news and hate speech extensively disseminated on the network. 2016 US Presidential Election. Russian operatives used social media platforms like Facebook and Twitter to spread and create disputes among American voters. Positive and Negative Impacts. Social media has become an essential part of modern culture, serving as a means of communication, information sharing, and self-expression. While social media can have a constructive impact on conflicts, such as empowering communities to stage peaceful protests or giving voice to marginalized groups, it can also have a negative impact on disputes, escalating them. In this response, we will explore the positive and negative effects of social media on conflicts with relevant examples. Positive Effects:. Mobilizing communities for nonviolent protests:. Social media platforms such as Facebook and Twitter were instrumental in coordinating the Arab Spring protests that began in Tunisia in 2011 and spread to other Middle Eastern and North African countries. These platforms enabled people to share their ideas and advocate for change, leading to the toppling of authoritarian regimes in Tunisia, Egypt, and Libya and social and political progress in other nations. Empowering marginalized groups:. Social media has given voice to marginalized groups, allowing them to express their perspectives, tell their stories, and connect with like-minded individuals. The #MeToo campaign, which started in 2017, utilized social media to raise awareness about sexual harassment and assault, encourage victims to share their stories, and hold perpetrators accountable. This movement led to global discussions about sexual misconduct and resulted in policy reforms in various workplaces and industries. Facilitating dialogue and conflict resolution:. Social media provides a platform for people with differing opinions to engage in constructive discussions, leading to improved understanding and peace-building. In Northern Ireland, the "Northern Ireland, Our Future Together" Facebook group has brought together individuals from diverse backgrounds to discuss the future of the region, promoting constructive dialogues between people with opposing political and cultural perspectives. Negative Effects:. Dissemination of disinformation and propaganda:. Social media can be used to spread misleading information and divisive content, exacerbating conflicts and creating tensions. During the 2016 US presidential election, the Russian government utilized social media platforms to disseminate disinformation and propaganda, leading to greater polarization and distrust in the political system Amplification of hate speech and incitement to violence:. Social media can amplify hate speech and incitement to violence, intensifying conflicts. Hate speech and incitement to violence transmitted through social media platforms contributed to the Rohingya refugee crisis in Myanmar, and Facebook was criticized for failing to prevent the spread of hate speech and misinformation that furthered the persecution of Rohingya Muslims. Enabling cyberbullying and harassment:. Social media platforms can enable cyberbullying and harassment, causing harm to individuals and communities. The Gamergate issue, which began in 2014, involved the online harassment and intimidation of women in the gaming industry. This harassment highlighted the need for improved protocols and protections against internet harassment. In conclusion, social media can have both positive and negative impacts on conflicts. While it can be used to mobilize communities for peaceful protests, empower marginalized groups, and facilitate dialogue and conflict resolution, it can also escalate conflicts by disseminating misinformation and propaganda, amplifying hate speech and incitement to violence, and enabling cyberbullying and harassment. It is essential to recognize these consequences and appropriately use social media to promote constructive dialogues, understanding, and peace-building. Ethical Considerations. The use of social media in conflicts has become increasingly common around the world, with activists and governments alike utilizing these platforms for mobilization, communication, and propaganda. While social media can be a powerful tool for promoting social change and drawing attention to human rights abuses, it also raises a number of ethical considerations that must be taken into account. Freedom of Expression. Freedom of expression is a right that Americans hold dear. As one of the founding concepts behind the creation of the nation, freedom of expression has always been a subject of scrutiny when it comes to how much should be given and how much should be moderated. Regardless of whether you are within or outside the U.S., similar discussions have been held as to how much freedom one can have, especially when it comes to social media spaces. On the one hand, social media can be an important tool for promoting freedom of expression, enabling individuals and groups to express their views and opinions, and mobilize for peaceful purposes. However, the freedom of expression can also be used to promote hate speech, spread false information, and incite violence. This raises the question of how to balance the right to free expression with the need to protect individuals and groups from harm. "Social media platforms make difficult decisions about the speech they permit and the speech they remove from their platforms. They permit heads of state to propagate ideas that are blocked when expressed by ordinary citizens. They censor activists' demands for independent states, flagging them as hate speech or terrorist content." Social media companies do this through the use of built-in algorithms that allow the companies to search through a myriad of concepts, including popular terms being engaged with, how users respond to arguments, how photographs are shared, or what abusive content is being reported. In addition, the algorithms allow companies to moderate all content, with the ability to suppress or outright remove posts from circulation. "This power that social media companies wield over speech online, and therefore over public discourse more broadly, is being recognized as a new form of governance. It is uniquely powerful because the norms favored by social media companies can be enforced directly through the architecture of social media platforms. There are no consultations, appeals, or avenues for challenge. There is little scope for users to reject a norm enforced in this manner. While a blatantly illegitimate norm may result in uproar, choices made by social media companies to favor existing local norms that violate international human rights norms are common enough." Looking at it from a global perspective, freedom of expression on social media is a complex issue that is influenced by a variety of legal, ethical, and cultural factors. For example, the legal frameworks in different countries can have a significant impact on the extent to which freedom of expression is protected on social media. In countries with more restrictive laws, social media companies may be required to comply with government demands to remove content, even if it would be protected under the laws of other countries. Furthermore, while social media companies do have the power to moderate content, this power is not unlimited. Companies must balance the need to protect individuals from harm with the right to free expression, and must navigate complex questions about what constitutes hate speech or incitement to violence (if those are concepts they wish to prevent from existing on the site). Additionally, the norms and values of social media companies are shaped by public opinion, and companies may adjust their content moderation policies in response to pressure from users or advocacy groups. As such, freedom of expression on social media is an issue that is constantly evolving and requires ongoing attention and consideration. Responsibility of Social Media Companies and Users. Social media companies have a responsibility to moderate content and prevent the spread of harmful information on their platforms. This can include removing posts that promote hate speech or incite violence, as well as banning users who violate their terms of service. However, the responsibility of social media companies is not always clear-cut, and decisions about content moderation can be influenced by political considerations, cultural norms, and financial incentives. This moderation is required for the sites to function publicly, but require a large amount of scrutiny when it comes to moderation. This is the price that is paid for people to enjoy a platform through which they can communicate through. ", and Google have not only made clear commitments to act responsibly, they actually enhance the citizenship status of their users in many ways, e.g. by offering a platform for democracy activists. Deficiencies and contradictions also become visible, e.g. SNS providers inhibit citizenship by failing to provide sufficient privacy protection." This is, of course, done at varying levels of moderation. is known to have lower community standards, especially post-Elon era where freedom of speech is emphasized, when compared to other platforms (like ) where offensive content is take down almost immediately. However, it is important to note that you can not solely rely on the companies when trying to ensure ethical usage of social media. The responsibility is also in the users hands. Social media users should utilize the same ethics and principles that they have grown up with to ensure as functional of an online conversation as possible. Not only in what one posts, but also in everything they see on the applications as well. Additionally, the users need to remain mindful of what they are taking in online, as it is easy to fall into an echo chamber of ideas and have one's thoughts infinitely reinforced. At the current moment, social media networks are all self-regulated. This is due to the nature of the sites being owned by companies, and therefore not able to be regulated by United States government (where a majority of these companies are based in). The United States has ruled that social media is to be treated identically as that of printed media, which gives the sites incredible deference to the speech protections of the First Amendment rights. This deference means that, as a whole, online communication is unregulated. Social media companies have a responsibility to moderate content and prevent the spread of harmful information on their platforms. This can include removing posts that promote hate speech or incite violence, as well as banning users who violate their terms of service. However, the responsibility of social media companies is not always clear-cut, and decisions about content moderation can be influenced by political considerations, cultural norms, and financial incentives. It is also important to note that social media companies have faced criticism for not doing enough to prevent the spread of misinformation and disinformation on their platforms, especially in the context of elections and public health. Additionally, the algorithms that social media companies use to promote content and target advertisements can reinforce existing biases and contribute to the spread of extremist views. It is therefore crucial for social media companies to continuously evaluate their policies and practices to ensure that they are promoting a safe and healthy online environment. Surveillance and censorship. Social media can be used as a tool for surveillance and censorship by governments and other actors. This raises concerns about the protection of privacy and the right to free expression. Governments may use social media to monitor individuals and groups, and to restrict access to information or suppress dissent. In some cases, governments may even shut down social media platforms or block access to them entirely. "Social media has become a significant source of information for U.S. law enforcement and intelligence agencies. The Department of Homeland Security, the FBI, and the State Department are among the many federal agencies that routinely monitor social platforms, for purposes ranging from conducting investigations to identifying threats to screening travelers and immigrants. This is not surprising; as the U.S. Supreme Court has said, social media platforms have become “for many . . . the principal sources for knowing current events, . . . speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge” — in other words, an essential means for participating in public life and communicating with others." When it comes to the usage of social media by federal agencies, the United States has a plethora of agencies active. This includes: the Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), Department of State (State Department), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Postal Service (USPS), Internal Revenue Service (IRS), U.S. Marshals Service, and Social Security Administration (SSA). The purpose of these agencies existing on social media is many-fold. However, there are four main reasons for using social media. The first of these is for investigations. Social media is widely used throughout the United States by all types of people. This allows for agencies to use social media for all kinds of preventative measures, including preventing crime or terrorism, or even actually providing evidence for ongoing cases. Additionally, these agencies use social media for monitoring the situation throughout the United States. They monitor to detect threats and use social media as an "ear to the ground" to be aware of the situations breaking throughout the country. And finally, the agencies utilize social media as a tool for immigration and travel screening vetting. Primarily for the verification of information or evidence of security risks. It is important to note that while social media can be a powerful tool for communication and information sharing, it is also susceptible to abuse by governments and other actors seeking to surveil and censor individuals or groups. The use of social media by government agencies raises concerns about privacy and freedom of expression. In the United States, numerous federal agencies routinely monitor social media platforms for a range of purposes, from conducting investigations to identifying potential threats and screening immigrants and travelers. These agencies include the Department of Homeland Security, Federal Bureau of Investigation, and Drug Enforcement Administration, among others. While the use of social media for investigative purposes may provide valuable information, it also raises concerns about potential violations of civil liberties and government overreach. Furthermore, the use of social media for surveillance and censorship by governments can have a chilling effect on free expression and democratic participation. Disinformation and Propaganda. Social media can be used to spread false information and propaganda, which can be used to manipulate public opinion and exacerbate conflicts. This can include the spread of fake news, the use of bots and trolls to influence social media conversations, and the creation of fake social media accounts. The spread of disinformation and propaganda can undermine trust in democratic institutions and exacerbate existing conflicts. As seen with the examples of social medias usage in conflict, it is important to be aware of the power social media has over people when used in a malicious manner. The terms ", ", and " are occasionally used interchangeably due to their similar connotation. That is surrounding the spread of false or misleading messages under the guise of proper information. Stated otherwise, this can be seen as information that contradicts or distorts common understandings of verifiable facts. However, it is important to make a distinction between these concepts and rumors or conspiracy theories. As the latter's definitions do not hinge on the truth value of the claims being made. Bias and Discrimination. Social media can also perpetuate bias and discrimination, including , , and . This can include the spread of harmful stereotypes, the creation of online echo chambers, and the amplification of hate speech. Social media companies have a responsibility to ensure that their platforms do not perpetuate bias or discrimination, and to take steps to promote diversity, equity, and inclusion. However, it is important to note that social media may not necessarily perpetuate bias and discrimination, but rather reflect existing biases and discrimination in society. Some may argue that social media can also be used to challenge and combat biases and discrimination by providing a platform for marginalized voices and facilitating discussions and education on diversity and inclusion. Future Implications. Social media has played a significant role in conflicts and events that have led to violence and riots. During the Arab Spring, social media was used to organize protests and demonstrations that resulted in the overthrow of leaders, leading to internet blackouts. Following this, governments have started monitoring social media platforms to predict when there will be unrest as a result of social media. Political campaigns also use social media's power to find target audiences to spread information and disinformation, which can impact the outcome of elections. Leaks and uncovered information on social media can spark movements online that result in large conflicts on a national scale, as seen in the 2016 US presidential election. Social media algorithms have become increasingly sophisticated, leading to personalized content appearing on feeds across the world. Individuals are placed into groups based on their interests and perceived political positions, resulting in exposure to groups and movements that interest them, sparking large gatherings and conflict. As more people join online platforms, social media will facilitate more conflict, making it essential to understand the algorithms and mitigate disinformation from spreading on platforms like Facebook and Twitter. Monitoring groups and organizations of interest is also an effective technique to limit social media's impact on conflicts. Being aware of plans and any possible violent outcomes allows for proactivity rather than reactivity with online movements. Properly managing elections assists in having control over any civil unrest or possible conflicts. Virtually every election these days will have voting actively monitored for everything from violence to fraud using a range of social media platforms. To get ahead of social media conflict, there needs to be more awareness on platforms and better management of campaigns. By facilitating an early response for conflict, mitigating them is much easier. The usage of modern technology like artificial intelligence to scan social media platforms for conflicts to catch them before they get out of hand is critical. These technologies are being used to bring conflict together and can be used to catch it before it unfolds.

Character Encodings/Code Tables/EBCDIC/EBCDIC 390. IBM code page 389 is an EBCDIC code page used in IBM mainframes. It is called "Publishing: Japan (Latin)". This code page is supported by IBM. It is a modification of EBCDIC 361.

Character Encodings/Code Tables/EBCDIC/EBCDIC 391. IBM code page 391 is an EBCDIC code page used in IBM mainframes. It is called "Publishing: Portugal". This code page is supported by IBM. It is a modification of EBCDIC 361.

Character Encodings/Code Tables/EBCDIC/EBCDIC 392. IBM code page 392 is an EBCDIC code page used in IBM mainframes. It is called "Publishing: Spain" or "Publishing: Spain, Philippines". This code page is supported by IBM. It is a modification of EBCDIC 361.

Character Encodings/Code Tables/EBCDIC/EBCDIC 393. IBM code page 393 is an EBCDIC code page used in IBM mainframes. It is called "Publishing: Latin America" or "Publishing: Latin America (Spanish speaking)". This code page is supported by IBM. It is a modification of EBCDIC 361.

Character Encodings/Code Tables/EBCDIC/EBCDIC 394. IBM code page 394 is an EBCDIC code page used in IBM mainframes. It is called "Publishing: United Kingdom" or "Publishing: United Kingdom, Australia, Hong Kong, Ireland, New Zealand". This code page is supported by IBM. It is a modification of EBCDIC 361.

Character Encodings/Code Tables/EBCDIC/EBCDIC 395. IBM code page 395 is an EBCDIC code page used in IBM mainframes. It is called "Publishing: United States" or "Publishing: United States, Canada". This code page is supported by IBM. It is a modification of EBCDIC 361.

Nuclear Energy/Introduction. Nuclear energy is one of the most widely used forms of knowledge for the production of other energies such as electricity, heat, light, material production, etc. Of course, nuclear energy is unfortunately used in the ways of atomic and hydrogen bombs, whose use causes the extinction of the human race. (for example: Hiroshima and Nagasaki incident) In this book, we describe the advantages and disadvantages as well as the application of nuclear energy.

Supplementary mathematics/Polyhedron. A polyhedron is a solid geometric object in three-dimensional space that has smooth and regular faces (each face in one plane) and sides or edges located on a straight line. So far, no single definition has been provided for it. A tetrahedron is a type of pyramid and a cube is an example of a hexagon. A polyhedron can be convex or non-convex. Polyhedrons such as pyramids and prisms can be made by extruding two-dimensional polygons. There can only be a finite number of convex polyhedra with regular faces and equiangular shapes, including Platonic solids and Archimedean solids. Some Archimedean solids can be made by cutting the top pyramid of Platonic solids. Due to the simplicity of construction, polyhedra are used in most architectural works such as geodesic domes and pyramids. Recently, due to the use of shapes, interest in multifaceted surfaces has increased. Some compact molecules and atoms, especially crystalline structures and Platonic hydrocarbons, as well as some radials have a shape similar to Platonic solids. Platonic solids are also used in making dice. Polyhedra have different characteristics and types and are placed in different symmetry groups. Other polyhedra can be created by operations on any polyhedra. Some of them have relationships with each other. Polyhedra have been of interest since the Stone Age. The sphere is also considered as a family of polyhedra. Cube, tetrahedron, parallelogram are geometric volumes that are also considered polyhedra. Definitions. Convex polyhedra are defined and convex polyhedra themselves are well-defined and can be calculated volume and area and can be used except for geometric volumes. But concave polyhedra are non-geometric volumes, and their definition is difficult and very difficult, and they do not have constant area and volume formulas. Geometric and non-geometric volumes are of the type of polyhedra, but their difference is in their concavity and convexity. From these definitions, the following can be mentioned: Angles. Flat angle: Each of the corner angles of the faces of polyhedral polygons is called a flat angle. Space angle: Each of the angles that a polyhedron covers on a vertex in three-dimensional space is called a space angle. Each of these angles is bounded by three or more than three right angle angles. Dihedral angle: Any angle between two polyhedral faces is called a dihedral angle. polyhedral surface. A "polyhedral surface" is the result of joining a limited number of flat polygonal faces and does not necessarily enclose space. Polyhedral surfaces can have boundary sides and boundary vertices (only when the polyhedral surface contains only one face). Recently, due to the use of shapes, the interest in multifaceted surfaces in architecture has increased. Preliminaries. Preliminaries are small things that we define simply. face. In Polyhedra, "'Face" is any of Polygons having The area is"1" which forms part of the boundary of a solid body. A three-dimensional solid bounded exclusively by faces is a polyhedron. In more technical methods of the geometry of polyhedra and higher-dimensional polytopes, the term is also used to mean an element of any dimension of a more general polytope (in any number of dimensions). vertex. "Vertex" (Arabic: "Ras") (English: <bdi>vertex</bdi>) in geometry is a point where two straight sides of an open or closed polygon meet. In other words, the vertex is the tip of the corners or the intersection of the lines of a geometric shape. A line is formed by connecting two vertices to each other, and a surface is formed by connecting three vertices to each other. In 3D computer graphics models, vertices are usually used to define surfaces (usually triangles), and each vertex in these models is represented as a vector. In graph theory, vertices are also called nodes. The number of vertices of any polygon in the plane is equal to the number of its sides. side. In geometry, a "side" or "line" or "edge" is a line segment that connects two adjacent vertices in a polygon; So in practice, a side is the interface for a one-dimensional line segment and two zero-dimensional objects. Sides are the lines that make up each shape, and their number is often different in each shape compared to other shapes. For example, triangles have 3 sides and squares and rectangles have 4 sides. A planar closed sequence of sides forms a polygon (and a face). In a polyhedron, exactly two faces touch each other on each side, while in higher dimensional polyhedra, three or more faces touch each other on each side.2 sup> angles. A flat angle is the corner angle of a polygonal face. A solid angle is an angle in three-dimensional space that covers a polyhedron on a vertex. This angle is enclosed by three or more than 3 solid angles. Dihedral angle is the angle between two adjacent faces ----1. The lateral faces have a surface area 2. Contact means because they have a common vertex. FEATURES AND CHARACTERISTICS. Number of multifaceted funds. Polyhedrons are classified and named based on the number of their faces and based on classical Greek; For example, tetrahedron means a polyhedron with four faces, pentahedron means a polyhedron with five faces, hexahedron means a polyhedron with six faces, and so on. interior angle of polyhedron. Polyhedra are made from regular polygons. Like polygons, polyhedra have internal and external angles. The internal angle of polyhedra is obtained based on the number of faces and sides of the vertex. For example, a tetrahedron has four equilateral triangles, and the interior angle of its face is 60 degrees, and the sum of its interior angles is 180 degrees. But a tetrahedron has a total interior angle of 720 degrees. So the sum of the internal angle and the size of the internal angle are written accordingly. formula_1 formula_2 Shape and corners. For each vertex, a corner shape can be defined, which defines the shape of the polyhedron around the vertex. The exact definitions are variable, but a corner shape can be defined as a shape that is created by cutting the vertex of a polyhedron. If the polygon resulting from this process is regular, the vertex is considered regular. vertex symbol. A vertex symbol or vertex configuration is a shorthand symbol for representing the corner shape of a polyhedron or tiling as a sequence of faces around a vertex. For uniform polyhedra there is only one type of corner shape and thus the vertex configuration completely defines the polyhedra. The vertex symbol is represented as a sequence of numbers that represent the number of sides of the faces around the vertex. The notation "a.b.c" describes a vertex that has 3 faces around it, with sides a, b, and c. Face configuration. Uniform binomials that are face symmetric can be represented by the same abbreviations as the vertex configuration, which is called the face configuration. These symbols are indicated by a V for difference. This symbol is defined as a consecutive count of the number of faces that are located at the vertices around the face. For example, the dodecahedron face configuration is V3,4,3,4 or 2(3,4)V. volume. Polyhedral solids have a specific value called volume, which measures the amount of space they occupy. Simple families of polyhedra may have simple formulas for their volumes. For example, the volume of pyramids, prisms, and parallelograms can be easily expressed in terms of side lengths or other specifications. The volume of more complex polyhedra may not have simple formulas. By dividing the polyhedron into smaller parts, the volume of these polyhedrons is calculated. For example, the volume of a regular polyhedron can be calculated by dividing it into equal pyramids, such that each pyramid has one face of the polyhedron as its base and the center of the polyhedron as its vertex. In general, it can be derived from the divergence theorem that the volume of a polyhedral solid is given by: formula_3 where the sum over the faces of F is the polyhedron, is an arbitrary point on the face of F, is the unit vector perpendicular to F to the outside of the polyhedron, and is the point of multiplication of the inner product. area. The area of regular polyhedra has a surface area. The faces of regular polyhedra are regular polygons. Fixed polyhedra such as prisms, pyramids, and parallelograms have constant areas. It is regular, it is obtained based on the sum of the polygonal area and the lateral area of the prism (polygonal area x height). Area of the polyhedron:formula_4. n here is the number of faces and 'n is the number of sides of the polygon, here the number π is in radians Ashlefly symbol. Schleffle notation is a notation for regular polytopes, including regular polytopes. Regular polyhedra are denoted as {p,q}, where q is the Schleffle symbol of the corners and p is the Schleffle symbol of the polygon of each face. The Schleffle symbol is a convex regular polygon of the form {p}, where p is the number of sides. The Schleffle symbol of a regular concave (star) polygon is in the form {p/q}, where p is the number of vertices and q is the number of sides between two vertices in connecting the vertices of the regular convex polygon to make it. Polyhedra whose Schleffle symbols are similar are duals of each other.

Acing the SQE/Introduction. =Foreword= Acing the SQE is a helpful resource for those who want to become qualified solicitors in England and Wales. It provides practical advice and tools in preparing for the exam as well as applying for admission. The book also provides practical solutions to common questions and challenges faced during studying. The book is intended for readers who have no prior knowledge of English Law such as non-law graduates from non-English speaking countries or countries whose legal system is not based on English common law. The book's content is aligned with the nature of the SQE, which means that it does not discuss the historical evolution of the law through cases or statutes, nor does it concentrate on the possible future development of the law. The administration of these assessments falls under the purview of the Solicitors Regulation Authority (SRA), the regulatory body for the Law Society of England and Wales. The central aim of the SQE is to ensure that all prospective solicitors meet a uniform standard, irrespective of their backgrounds or prior qualifications. To achieve this, the SQE mandates that all candidates, regardless of their training methods or locations, take the same standardized assessment designed to maintain consistent threshold standards. For the convenience and guidance of candidates and training providers, the SRA has issued the SQE Assessment Specification. This document serves the purpose of outlining the content and structure of the SQE assessments, along with explaining the SRA's intended approach to conducting the assessments. It also provides an overview of the assessment objectives and how these assessments align with the Statement of Solicitor Competence. SQE1&2. The SQE, introduced in September 2021, represents the novel pathway to qualification for aspiring solicitors and serves as one of the pivotal steps towards becoming a qualified solicitor. This comprehensive assessment is divided into two components: Furthermore, every candidate must also complete a mandatory two years of Qualifying Work Experience alongside these assessments. For further details regarding the SQE assessments, you can refer to the SRA website at sra.org.uk/students/sqe. SQE1 Subjects. FLK1 covers the following subjects: FLK2 covers the following subjects: Format. The two FLK assessments are conducted as closed-book examinations and utilize computer-based, objective testing, incorporating single best answer questions. Each question presents a scenario along with five possible answer options, with only one being the correct choice. Each FLK assessment comprises 180 multiple-choice questions (MCQs) and is divided into two sessions, one in the morning and another in the afternoon, each lasting approximately 2 hours and 33 minutes. In total, the SQE1 examination encompasses 360 questions and extends over a duration of approximately 10 hours. Question Structure. An SQE 1 question comprises three components: the stem, lead-in, and options. Stem. The stem serves as the factual basis or narrative of the question, providing all necessary information for candidates to respond accurately. The test writer strives to maintain brevity in both the stem and the overall question, focusing solely on testing the specific point at hand. The candidates need not make assumptions or inferences; all requisite facts are contained within the stem. Lead In. The lead-in, which is highlighted in bold, it represents the concise query to be answered by the candidate. The test writer aim for clarity and brevity in formulating this part of the question. Options. In options, each SQE 1 question presents five choices, with only one being correct. Alongside the correct answer, the test writer provide four plausible distractor options. Notably, the options do not introduce new facts; instead, they draw solely from the information provided in the stem, reinforcing the importance of thorough comprehension. SQE1 Date. SQE1 assessments are scheduled to occur annually in both January and July. The SQE1 assessment dates in January 2024 will be January 15th, 16th, 17th 18th and 19th (FLK1) and January 22nd, 23rd, 24th, 25th and 26th (FLK2).

Acing the SQE/Business Law. =Introduction= This book aims to offer a concise elucidation of the fundamental principles of Business Law and Practice ("BLP"_ necessary for success in the Solicitors Qualifying Examination Part 1 ("SQE1"). The book's structure has been shaped by the nature and content of the SQE1 assessment. According to the SQE1 syllabus published by the SRA, this syllabus excludes the Listing, Prospectus, Disclosure Guidance and Transparency Rules and any other FCA, London Stock Exchange, market rules or codes. This book covers the following topics of Business Law and Practice according to the SQE 1 assessment specification: Note that the last topic, Taxation - business is listed as a separate topic in the Assessment Specification but is included in Business Law and Practice Subject. Business and organisational characteristics. English Solicitors often require advice on business forms that are suitable for client’s needs. Knowledge of the main characteristics of various business structure is essential for advice on business forms. In particular, knowledge of important concepts, such as limited liability and a separate legal personality, is especially important. This chapter examines the types of business organizations listed in the SQE assessment specification, such as sole traders, general partnerships, limited liability partnerships, private limited companies and public limited companies. sole trader. This is the simplest type of business organisation and the most common business form in the UK today. Sole traders are individual people who are self-employed. They are human beings rather than corporate forms. Many of the companies and partnerships in the UK today began as sole traderships. If the business fails, sole traders are liable for any outstanding debts as they have unlimited liability. This means that if the business goes under, the sole trader may have to pay from personal assets. Sole traders are treated as individuals and are liable to pay income tax on profits. Sole traderships are not registered at Companies House but sole traders do need to register with Her Majesty's Revenue & Customs (HMRC) as self-employed. unlisted public companies. Comparison of Private Limited Company and Public Limited Company Legal personality and limited liability. Legal separate personality as an artificial person is a key advantage of incorporation Procedures and documentation. Procedures and documentation required to form a partnership. Forming a partnership does not require any formal procedures or documentation, as a partnership can be formed simply by two or more individuals carrying on a business together with a view to making a profit. However, it is advisable to have a written partnership agreement in place. Procedures and documentation required to LLP. In English business law, a limited liability partnership (LLP) is a legal entity that combines the flexibility and tax advantages of a partnership with the limited liability protection of a corporation. The procedures and documentation required to form an LLP in England are as follows: Choose a name: The first step in forming an LLP is to choose a name that is not already in use by another company or LLP. The name must also comply with the rules set out in the Companies Act 2006. Register the LLP: The next step is to register the LLP with Companies House, which is the government agency responsible for maintaining the public register of companies and LLPs in the UK. The registration process involves completing a form called an LLP1, which includes details such as the name of the LLP, the registered address, and the names and addresses of the designated members. Prepare an LLP agreement: An LLP agreement is a document that sets out the rights and obligations of the members of the LLP, including issues such as profit sharing, decision making, and the admission and retirement of members. Although there is no legal requirement to have an LLP agreement, it is recommended to have one in order to clarify the terms of the partnership and avoid disputes. Appoint designated members: At least two members of the LLP must be designated members, who have additional responsibilities such as signing the accounts and filing the annual return with Companies House. File annual returns and accounts: Once the LLP is registered, it must file an annual return and accounts with Companies House every year, in order to comply with the legal requirements and maintain its status as a registered entity. Obtain necessary licenses and permits: Depending on the nature of the LLP's business activities, it may need to obtain certain licenses and permits from regulatory authorities in order to operate legally. other steps required under companies and partnerships legislation to enable the entity to commence operating. constitutional documents. Memorandum of Association: The memorandum of association is a legal document that sets out the fundamental details of the company, including its name, registered office address, objects, and the names and signatures of the subscribers who wish to form the company. The memorandum of association is a public document and must be filed with Companies House. Articles of Association: The articles of association are a set of rules that govern the internal management of the company, including the rights and duties of the directors, the powers of the shareholders, and the procedures for holding meetings and making decisions. The articles of association are also a public document and must be filed with Companies House. Under English business law, the constitutional documents required to form a partnership are a partnership agreement and a declaration of partnership. Partnership Agreement: The partnership agreement is a legal document that sets out the terms of the partnership, including the rights and responsibilities of each partner, the sharing of profits and losses, the decision-making process, and the procedures for admitting new partners or dissolving the partnership. The partnership agreement is a private document and is not required to be filed with any government agency. Declaration of Partnership: The declaration of partnership is a simple document that states the name and business address of the partnership, the names and addresses of all partners, and the date on which the partnership was formed. It must be signed by all partners and is not required to be filed with any government agency. In addition to these constitutional documents, partnerships may also have other internal documents such as a code of conduct or a partnership deed, which set out additional rules and guidelines for the partnership's operations. Under English business law, the constitutional documents required to form an LLP (Limited Liability Partnership) are a limited liability partnership agreement and an incorporation document. Limited Liability Partnership Agreement: The LLP agreement is a legal document that sets out the terms of the partnership, including the rights and responsibilities of each partner, the sharing of profits and losses, the decision-making process, and the procedures for admitting new partners or removing existing ones. It also outlines the LLP's internal governance, such as the allocation of management responsibilities and voting procedures. The LLP agreement is a private document and is not required to be filed with any government agency. Incorporation Document: The incorporation document is a simple document that includes the name and registered office address of the LLP, the names and addresses of all initial members, and the LLP's designated members. It must be signed by all initial members and designated members and filed with Companies House. In addition to these constitutional documents, LLPs may also have other internal documents such as a code of conduct or a deed of adherence, which set out additional rules and guidelines for the LLP's operations. It is important to ensure that the LLP agreement is drafted carefully and accurately, as it will govern the relationship between the partners and the operation of the LLP. It is recommended to seek professional advice and assistance in drafting and reviewing the LLP agreement. Companies House filing requirements. Under English business law, the Companies House filing requirements to incorporate a company are as follows: Memorandum of Association: The Memorandum of Association is a legal document that sets out the company's name, registered address, and the objectives for which it is formed. Articles of Association: The Articles of Association are a set of rules that govern the internal management of the company, including the powers and duties of directors and shareholders, the rights and obligations of members, and the procedures for meetings and decision-making. Statement of Capital: The Statement of Capital provides details of the company's share capital, including the number and type of shares issued, their nominal value, and any amount paid or unpaid on each share. Companies House Form IN01: Form IN01 is the official application form for registering a new company in the UK. It provides information about the company's directors, shareholders, registered office address, and the proposed officers of the company. Registration fee: A fee is payable to Companies House at the time of registration, which varies depending on the type of company being formed and the method of registration. In addition to these requirements, companies must also comply with ongoing filing requirements, such as filing annual accounts and annual returns with Companies House, notifying the registrar of changes in the company's details, and keeping accurate and up-to-date records. It is important to ensure that all the necessary documents are completed accurately and submitted on time, in order to avoid delays and potential penalties. It is recommended to seek professional advice and assistance in order to ensure that the registration process is completed correctly and efficiently. Unlike a limited liability partnership (LLP) or a company, a partnership does not have to be registered with Companies House. However, there are certain filing requirements that must be met in order to comply with legal and tax obligations. These include: Registering for self-assessment: Partnerships must register for self-assessment with HM Revenue and Customs (HMRC) in order to report their income and expenses and pay any tax owed. Obtaining a unique taxpayer reference (UTR): Each partner must obtain a UTR from HMRC in order to file their tax returns. Keeping accurate accounting records: Partnerships must keep accurate accounting records of their income and expenses, including details of any transactions between the partners. Completing a partnership tax return: Each year, the partnership must complete a tax return to report its income and expenses, and each partner must include their share of the partnership profits or losses on their own tax return. Registering for VAT: If the partnership's taxable turnover exceeds a certain threshold, it may be required to register for value added tax (VAT) and submit regular VAT returns to HMRC. Overall, the filing requirements for a partnership under English business law are focused on complying with tax obligations and maintaining accurate financial records. It is important to seek professional advice in order to ensure that all legal and tax obligations are met. Under English business law, a limited liability partnership (LLP) is a separate legal entity from its members, which provides the benefits of limited liability while retaining the flexibility of a partnership. The Companies House filing requirements to form a LLP are as follows: Incorporation Document: This is the document that sets out the proposed name of the LLP, the registered office address, the names and addresses of the initial members, and the initial designated members. It must be signed by at least two subscribers and must be filed with Companies House. LLP Agreement: This is a legal document that sets out the internal management structure of the LLP, including the rights and duties of the members, the decision-making process, and the allocation of profits and losses. The LLP Agreement is not required to be filed with Companies House, but a copy must be kept at the registered office of the LLP. Statement of Designated Members: This is a document that lists the names and addresses of the designated members of the LLP, who are responsible for the management of the LLP. It must be filed with Companies House at the time of incorporation and updated as necessary. Registration fee: A fee is payable to Companies House at the time of incorporation, which varies depending on the type of LLP being formed and the method of registration. In addition to these requirements, LLPs must also comply with ongoing filing requirements, such as filing annual accounts and annual returns with Companies House, notifying the registrar of changes in the LLP's details, and keeping accurate and up-to-date records. It is important to ensure that all the necessary documents are completed accurately and submitted on time, in order to avoid delays and potential penalties. It is recommended to seek professional advice and assistance in order to ensure that the registration process is completed correctly and efficiently. Finance. funding options: debt and equity. Debt. To register a floating charge over a company's assets, the company must file a Form MR01 with Companies House. This form must include details of the charge, such as its nature and amount, as well as the names and addresses of the parties involved. The company must also pay a registration fee. Once the Form MR01 is filed and the registration fee is paid, the floating charge is registered on the company's public record at Companies House. This means that the charge is visible to the public and can be searched by anyone who wants to know about the company's financial status. The first charge created or registered will generally have priority over later charges, meaning that in the event of the company's insolvency or liquidation, the holder of the first charge will be paid first from the proceeds of the sale of the charged assets. The priority of charges can be affected by the type of charge. Fixed charges are those created over specific assets, and they have priority over floating charges. Floating charges, on the other hand, are created over a class of assets, such as inventory or accounts receivable, and do not attach to specific assets until certain conditions are met, such as the company's default on its debt obligations. However, there are some exceptions to the general rule of priority. For example, certain charges may be granted super-priority over other charges. For instance, the holder of a charge granted under the Financial Collateral Arrangements (No.2) Regulations 2003 will have super-priority over other charges, even if it was created or registered after other charges. It is important to note that the priority of charges can have a significant impact on the amount of debt that can be recovered in the event of insolvency or liquidation. Therefore, it is crucial for creditors to carefully consider the type and timing of charges they seek to create or register. types of security. Under English company law, a fixed charge is a type of security interest or lien created by a company over a specific asset, which means that the asset is used as collateral for a debt or other obligation. The asset is typically identified in the security agreement, and the charge is said to be "fixed" because it attaches to the asset and cannot be transferred to another asset without the creditor's consent. The most common types of assets that are subject to fixed charges are land, buildings, and machinery, but other assets, such as intellectual property, can also be subject to a fixed charge. When a company grants a fixed charge over an asset to a creditor, the creditor has a priority claim to the asset in the event of the company's default. If the company fails to repay the debt or meet its other obligations, the creditor may take possession of the asset and sell it to recover the amount owed. In terms of priority, a fixed charge takes precedence over floating charges and unsecured creditors in the event of the company's insolvency, meaning that the creditor with a fixed charge will be paid before any floating charge holders or unsecured creditors. In English company law, a floating charge is a type of security interest created over a company's assets, which enables the company to continue to use and dispose of those assets in the ordinary course of business until an event occurs that triggers the charge, such as the company defaulting on a loan or becoming insolvent. A floating charge is generally created by a written instrument, such as a debenture, and covers a class of assets that are not specifically identified at the time the charge is created. This can include assets such as stock, inventory, receivables, and intellectual property. The holder of a floating charge has a right to the proceeds of the sale of the charged assets in the event of a default or insolvency, but the charge is not fixed to any specific assets until it crystallizes. This means that the company can continue to use and dispose of the assets covered by the floating charge until the charge crystallizes, at which point the charge becomes fixed and attaches to the specific assets in question. Once a floating charge has crystallized, it becomes a fixed charge and the holder of the charge has a priority claim over the charged assets in relation to other creditors. However, prior to crystallization, the holder of a floating charge is subordinate to certain preferential creditors, such as employees, and may be subject to challenge if it is found to have been created to defraud other creditors. Corporate governance and compliance. rights, duties and powers of directors and shareholders of companies. Directors. Under English company law, directors have several rights, duties, and powers. Here are some of the most important ones: Rights: Duties: Powers: Shareholders. Rights: Duties: Powers: company decision-making and meetings: procedural, disclosure and approval requirements. Companies must follow certain procedural, disclosure, and approval requirements when making decisions and holding meetings. These requirements help ensure that decisions are made in a fair and transparent manner, and that all interested parties have the opportunity to participate in the decision-making process. documentary, record-keeping, statutory filing and disclosure requirements. Under English company law, there are various documentary, record-keeping, statutory filing, and disclosure requirements that must be met in relation to company decision-making and meetings. These requirements are in place to ensure transparency, accountability, and compliance with legal obligations. Some of the key requirements include: appointment and removal of directors. Appointment and removal of directors are important aspects of the management of a company under English company law. The process of appointment of directors is generally governed by the company's articles of association. In private companies, the shareholders can appoint directors by passing an ordinary resolution in a general meeting, whereas in public companies, the appointment is made by way of election at the annual general meeting. The board of directors may also appoint a new director to fill a casual vacancy or to increase the number of directors. The removal of a director is also governed by the company's articles of association. Generally, shareholders have the power to remove a director by passing an ordinary resolution at a general meeting. The company may also remove a director if the director becomes disqualified, resigns or is declared bankrupt. The board of directors may also remove a director if the director breaches his or her fiduciary duties or is found guilty of any misconduct. It should be noted that a director can challenge his or her removal through the courts if the procedure is not followed correctly, or if it is found to be motivated by personal interests or other improper motives. In addition, it is important to note that there are certain restrictions on the appointment and removal of directors in public companies, which are designed to ensure that the board of directors is composed of individuals who are independent, competent, and qualified to manage the company. For example, under the UK Corporate Governance Code, the board of a public company should have a majority of independent directors, and there are specific rules regarding the appointment of non-executive directors. minority shareholder protection. In English company law, minority shareholder protection refers to the legal measures in place to protect the rights and interests of minority shareholders who hold a smaller percentage of shares in a company compared to the majority shareholders. Some of the key protections provided to minority shareholders under English company law include: Partnership decision-making and authority of partners. procedures and authority under the Partnership Act 1890. Under the Partnership Act 1890, partners in a partnership have equal authority to make decisions unless the partnership agreement specifies otherwise. Each partner is an agent of the firm and has the power to bind the partnership and other partners in contractual agreements, as long as those agreements are made in the ordinary course of business. Decisions regarding ordinary business matters can be made by a simple majority of the partners. However, decisions regarding fundamental changes to the partnership or business require the consent of all partners. This includes decisions such as admitting a new partner, changing the partnership agreement, or dissolving the partnership. In the absence of an agreement among the partners, decisions can be made by a majority vote. If there is a tie, the Act provides that the matter should be decided by the senior partner, or by an outside mediator if there is no senior partner. Partners also have a fiduciary duty to act in the best interest of the partnership and not to use their position for personal gain. This duty includes a duty of loyalty, good faith, and full disclosure of any conflicts of interest. Partners must also account for any profits or benefits they receive from the partnership and may not compete with the partnership unless permitted by the partnership agreement or with the consent of all partners. common provisions in partnership agreements. Partnership agreements are legal documents that govern the relationship between partners in a partnership. While the specific provisions in a partnership agreement can vary widely depending on the nature and objectives of the partnership, there are several common provisions that are typically included: Insolvency (corporate and personal). options and procedures - CVA/IVA, bankruptcy, administration, fixed asset receivership, voluntary and compulsory liquidation. CVA/IVA. CVA (Company Voluntary Arrangement) and IVA (Individual Voluntary Arrangement) are two types of insolvency procedures under English company law that aim to help financially distressed companies or individuals avoid bankruptcy. A CVA is a legally binding agreement between a company and its creditors to pay back some or all of its debts over a set period of time, usually three to five years. The company continues to trade while the CVA is in place, and creditors agree to freeze the interest and charges on the debt. The CVA proposal is drafted by an insolvency practitioner and must be approved by at least 75% of creditors in value who vote on it. Once approved, the CVA is supervised by the insolvency practitioner who oversees the company's compliance with the terms of the agreement. An IVA is a similar procedure for individuals who are struggling with debt. It is a legally binding agreement between the individual and their creditors to pay back some or all of their debts over a set period of time, usually five to six years. The IVA proposal is drafted by an insolvency practitioner and must be approved by at least 75% of creditors in value who vote on it. Once approved, the IVA is supervised by the insolvency practitioner who oversees the individual's compliance with the terms of the agreement. Both CVAs and IVAs provide an alternative to bankruptcy, allowing companies or individuals to avoid the stigma and restrictions associated with bankruptcy. However, they can be complex and require professional advice to ensure that they are the right option and that the proposal is drafted correctly. bankruptcy. It's important to note that bankruptcy is a form of insolvency that applies to individuals, not companies, under English law. Bankruptcy is a formal legal process by which an individual who is unable to repay their debts can be declared bankrupt by a court, and their assets are collected and sold to pay off their debts. It's typically initiated by the debtor or one or more of their creditors. The process of bankruptcy involves several key steps, including: Filing a bankruptcy petition: The debtor files a petition for bankruptcy with the court. The petition must include a statement of the debtor's assets, liabilities, income, and expenses, as well as other financial information. Appointment of a trustee: Once the bankruptcy petition is filed, a trustee is appointed to manage the debtor's assets and oversee the bankruptcy process. The trustee's duties include collecting and liquidating the debtor's assets, distributing the proceeds to creditors, and investigating the debtor's financial affairs. Stay on collection actions: When the bankruptcy petition is filed, an automatic stay goes into effect, which prohibits most collection actions by creditors. This gives the debtor a temporary reprieve from collection efforts while the bankruptcy process is underway. Meeting of creditors: The debtor is required to attend a meeting of creditors, where the trustee and creditors can ask questions about the debtor's financial affairs. Sale of assets: The trustee will typically sell the debtor's assets and distribute the proceeds to creditors in order of priority. Some assets may be exempt from sale, depending on the laws of the relevant jurisdiction. Discharge of debts: Once the trustee has sold the debtor's assets and distributed the proceeds to creditors, the court may discharge the debtor's remaining debts. This means the debtor is no longer legally obligated to pay those debts. It's important to note that bankruptcy can have serious long-term consequences, including damage to the debtor's credit rating and restrictions on their ability to obtain credit in the future. As a result, it's usually seen as a last resort for individuals who are unable to manage their debts in other ways, such as through debt restructuring or negotiation with creditors. administration. Administration is a procedure available under English company law for companies that are facing financial difficulties and are in danger of becoming insolvent. The purpose of administration is to provide a period of protection for the company, during which the administrator can assess the company's viability and formulate a plan to rescue it as a going concern or achieve a better result for its creditors than would be likely in liquidation. The options and procedures for administration under English company law are as follows: Filing an application: The first step in the administration process is for the company or its directors to file an application with the court seeking an administration order. The application must include a statement of the company's financial affairs and the reasons why the administration is necessary. Interim moratorium: Once the application for administration is filed, an interim moratorium comes into effect immediately. This means that no legal action can be taken against the company or its assets without the court's permission. Appointment of an administrator: If the court is satisfied that the company is insolvent and that administration is in the best interests of the company and its creditors, it will make an administration order appointing an administrator. The administrator must be a licensed insolvency practitioner. Management of the company: Once appointed, the administrator takes over the management of the company and has the power to make decisions about its future. The administrator's primary objective is to rescue the company as a going concern, but if this is not possible, the administrator may sell the company's assets to achieve a better result for the creditors. Creditors' meeting: The administrator must call a meeting of creditors within ten weeks of their appointment to explain the company's financial position and the proposals for rescuing it. The creditors have the power to approve or reject the proposals. Exit from administration: The administration will end when the administrator has achieved its objectives, which may include rescuing the company as a going concern or selling its assets to achieve a better result for the creditors. Once the objectives have been achieved, the administrator will either hand the company back to its directors or seek to place it into liquidation. fixed asset receivership. Fixed asset receivership is a process available to secured creditors under English company law when a company is insolvent and has defaulted on a secured debt. In this process, the creditor appoints a receiver, who is an insolvency practitioner, to take control of the company's fixed assets that have been secured against the debt. The receiver has the power to sell those assets and use the proceeds to repay the creditor's debt. The main objective of fixed asset receivership is to recover the money owed to the secured creditor, not to save the company. The process is not available to unsecured creditors or to the company itself. The secured creditor can appoint a receiver without going to court if the terms of the security agreement allow it. If the terms do not allow for appointment of a receiver without a court order, the creditor can apply to the court for an order. The court will only grant the order if the creditor has a valid security interest and there has been a default on the secured debt. Once a receiver is appointed, they have a duty to act in the interests of the secured creditor, but they also have a duty to the company's other creditors and to the court. They must ensure that the assets are sold at the best possible price and that the proceeds are distributed fairly. Fixed asset receivership is a relatively quick process, and the receiver can be appointed and start selling the assets within a matter of days. However, it can be costly, and the value of the assets may not be sufficient to cover the entire debt owed to the secured creditor. Any surplus from the sale of the assets will be paid to the company or its other creditors, depending on their priority. voluntary liquidation. Voluntary liquidation is a process under English company law where a company's directors or shareholders choose to wind up and dissolve the company. There are two types of voluntary liquidation: members' voluntary liquidation (MVL) and creditors' voluntary liquidation (CVL). MVL is a voluntary liquidation process that is initiated when a company is solvent. This means that the company is able to pay its debts in full, including interest and expenses, within 12 months of the start of the liquidation process. In an MVL, the shareholders of the company pass a special resolution to wind up the company. The company must then appoint a liquidator, who takes over the management of the company and sells its assets to pay off its debts. Once all debts have been paid, the remaining assets are distributed among the shareholders and the company is dissolved. CVL is a voluntary liquidation process that is initiated when a company is insolvent. This means that the company is unable to pay its debts in full as they fall due. In a CVL, the directors of the company pass a resolution to wind up the company and call a meeting of the company's creditors. At the creditors' meeting, the creditors appoint a liquidator, who takes over the management of the company and sells its assets to pay off its debts. Any remaining assets are distributed among the shareholders in proportion to their shareholdings. Once all debts have been paid, the company is dissolved. The procedures for voluntary liquidation are set out in the Insolvency Act 1986 and the Companies Act 2006. The process typically involves filing certain forms and notices with Companies House and the appointment of a licensed insolvency practitioner to act as the liquidator. The liquidator is responsible for investigating the company's affairs, selling its assets, and distributing the proceeds to creditors and shareholders. It's important to note that voluntary liquidation does not guarantee that all creditors will be paid in full. If there are not enough assets to pay all debts, the remaining debts may be written off. Additionally, directors of the company must ensure that they have fulfilled all their legal obligations, including filing all necessary tax returns and paying all outstanding taxes and national insurance contributions. Failure to do so could result in personal liability for the directors. compulsory liquidation. Compulsory liquidation is the process by which a court orders the winding-up of a company. It is typically initiated by creditors, shareholders or directors when a company is unable to pay its debts. The procedure is set out in the Insolvency Act 1986 and involves the appointment of a liquidator to wind up the company's affairs. The options and procedures for compulsory liquidation under English company law are as follows: In summary, compulsory liquidation is a court-driven process that allows the winding up of a company that is unable to pay its debts. The liquidator is appointed to realize the company's assets, pay off its creditors, and distribute any remaining assets to the shareholders. The procedure is set out in the Insolvency Act 1986 and involves a series of steps that must be followed in order to properly wind up the company's affairs. claw-back of assets for creditors. In English insolvency law, clawback provisions are designed to enable the recovery of assets or payments made by an insolvent company prior to its insolvency, with the aim of ensuring fair distribution among creditors. preferences. Preference: Preference refers to situations where the insolvent company, in the period leading up to insolvency, favors certain creditors over others by making payments or transferring assets. Section 239 also addresses preferences, allowing the liquidator or administrator to challenge and reverse such transactions if they occurred within a specific time frame prior to the commencement of insolvency proceedings. transactions at an undervalue. Transactions at an undervalue refer to those transactions executed by the company during a relevant time with an individual, wherein the company either receives no consideration or the value of the consideration received is substantially lower than the value provided by the company. The “relevant time” is two years prior to the onset of insolvency. Under S.238(5) Insolvency Act 1986, the court will not make an order if it is satisfied: (a) that the company which entered into the transaction did so in good faith and for the purpose of carrying on its business, and (b) that at the time it did so there were reasonable grounds for believing that the transaction would benefit the company. fraudulent and wrongful trading. Fraudulent trading, as defined in section 213 of the Insolvency Act 1986 (IA 1986), is a provision in English insolvency law that addresses situations where company directors or officers engage in business activities with the intent to defraud creditors, regardless of whether the company is insolvent or not. This provision aims to hold individuals accountable for their actions if they knowingly operated a business with fraudulent intent, leading to losses for creditors. Here's a breakdown of fraudulent trading within the context of clawback provisions under S.213 of the IA 1986: Definition: Fraudulent trading occurs when a company carries on its business with the intent to defraud creditors, for example by continuing to trade when there is no reasonable prospect of avoiding insolvency, or by deliberately accumulating debt that the company cannot repay. Intent: Unlike wrongful trading, which requires proving that directors or officers continued trading while knowing or should have known that the company could not avoid insolvent liquidation, fraudulent trading specifically focuses on proving fraudulent intent. This means showing that the individuals involved knowingly intended to defraud creditors through their actions. Consequences: If fraudulent trading is proven, the court has the authority to impose various penalties on the individuals responsible. This can include personal liability for the company's debts, disqualification from acting as a director, fines, or even criminal prosecution in severe cases. setting aside a floating charge. In English company law, setting aside a floating charge refers to the process of invalidating or nullifying a floating charge created by a company, with the goal of recovering assets for the benefit of its unsecured creditors. Under the Insolvency Act 1986, a floating charge may be set aside if it is proven that the company created the charge with the intention of preferring a particular creditor or group of creditors over others. This is known as a "fraudulent preference" and is considered a form of misconduct. Additionally, a floating charge may be set aside if it is proven that the company was insolvent at the time the charge was created or that the charge caused the company to become insolvent. This is known as "insolvent trading" and is considered a breach of the directors' duties to act in the best interests of the company and its creditors. Once a floating charge is set aside, the assets covered by the charge are no longer considered secured and can be used to satisfy the claims of the company's unsecured creditors. The process of setting aside a floating charge can be initiated by the company's liquidator, administrator, or a creditor, and usually involves court proceedings. order of priority for distribution to creditors. The order of priority for distribution to creditors in insolvency under English company law is as follows: Fixed charge creditors: Creditors who hold a fixed charge on the assets of the company, such as a mortgage, have first priority in the distribution of assets. The proceeds from the sale of the assets secured by the fixed charge are used to repay the fixed charge creditor in full before any other creditors are paid. Expenses of the insolvency process: This includes any costs associated with the insolvency process, such as the fees of the insolvency practitioner and the costs of the administration or liquidation. Preferential creditors: Certain creditors are given preferential treatment under the law, such as employees who are owed wages or holiday pay. They have priority over unsecured creditors but are paid after the fixed charge creditors and expenses of the insolvency process. Floating charge creditors: Creditors who hold a floating charge on the assets of the company, such as a debenture, are paid after fixed charge creditors, expenses of the insolvency process, and preferential creditors. The proceeds from the sale of the assets covered by the floating charge are used to repay the floating charge creditor. Unsecured creditors: These are creditors who do not hold any security over the assets of the company. They are paid last, after all other creditors have been paid. The proceeds from the sale of the remaining assets of the company are used to repay the unsecured creditors, pro rata according to the amount of their debt. It's important to note that if there are insufficient funds to pay all creditors in full, each class of creditor is paid in full before the next class is paid anything. Any remaining funds after all creditors have been paid are distributed among the shareholders of the company. Taxation - business. Income Tax. chargeable persons/entities (employees, sole traders, partners, shareholders, lenders and debenture holders). Chargeable persons under income tax in the UK include individuals (including trustees), companies, and certain other entities such as limited liability partnerships, and certain foreign entities. the charge to tax: calculation and collection. The charge to tax, calculation, and collection for income tax in England and Wales is a complex process governed by the Income Tax Act 2007 and other relevant legislation. The process involves several steps, including the identification of taxable income, the calculation of tax liability, and the collection of tax. Identification of Taxable Income: The first step in the process is the identification of taxable income. This includes income from employment, self-employment, savings, investments, and pensions. Once the taxable income is identified, various allowances, reliefs, and deductions are applied to arrive at the taxable amount. Calculation of Tax Liability: The next step is to calculate the tax liability. In England and Wales, income tax is levied at different rates depending on the amount of taxable income. The current tax rates and bands for the tax year 2022/23 are: Personal Allowance: £12,570 (no tax payable) Basic Rate Band: £12,571 to £50,270 (20% tax) Higher Rate Band: £50,271 to £150,000 (40% tax) Additional Rate Band: Above £150,000 (45% tax) Once the taxable income is determined, the tax liability is calculated by applying the relevant tax rates to the taxable income. Collection of Tax: The final step is the collection of tax. In England and Wales, income tax is generally collected through the PAYE (Pay As You Earn) system, where tax is deducted from an individual's salary or pension before it is paid. Self-employed individuals and those with income from investments or property are required to make payments on account twice a year. If an individual fails to pay the required amount of tax, penalties and interest may be charged, and HM Revenue and Customs (HMRC) may take legal action to recover the outstanding tax. In conclusion, the charge to tax, calculation, and collection for income tax in England and Wales is a complex process that involves the identification of taxable income, the calculation of tax liability, and the collection of tax through various means. Taxpayers are required to comply with tax legislation and ensure that they pay the correct amount of tax on time to avoid penalties and legal action by HMRC. the scope of anti-avoidance provisions. Anti-avoidance provisions for income tax in England and Wales refer to a set of legal measures designed to prevent taxpayers from using complex and artificial schemes to reduce or avoid their tax liabilities. These provisions aim to ensure that taxpayers pay the correct amount of tax, taking into account the true nature of their income and transactions. The scope of anti-avoidance provisions for income tax in England and Wales is quite broad and covers various types of tax planning schemes and strategies. The provisions are intended to capture arrangements that have no real economic substance and are purely designed to reduce tax liabilities. Examples of such schemes include: Tax sheltering: This involves the use of offshore structures to shelter income or assets from UK tax, or the creation of artificial losses to offset against taxable profits. Transfer pricing: This involves the manipulation of prices in transactions between connected parties to reduce taxable profits. Artificial transactions: This involves creating transactions that have no commercial purpose other than to reduce or avoid tax liabilities. Disguised remuneration: This involves paying employees or contractors through structures such as employee benefit trusts or offshore trusts to avoid income tax and national insurance contributions. To counter these tax avoidance schemes, HM Revenue and Customs (HMRC) has introduced several anti-avoidance provisions, including the General Anti-Abuse Rule (GAAR), the Disclosure of Tax Avoidance Schemes (DOTAS), and the Specific Anti-Avoidance Rules (SAARs). The GAAR is a broad-based provision that allows HMRC to counteract any tax arrangement that it deems to be abusive. DOTAS requires promoters of tax avoidance schemes to disclose details of their schemes to HMRC, while SAARs target specific types of tax planning schemes and aim to prevent taxpayers from exploiting loopholes in tax law. Overall, the scope of anti-avoidance provisions for income tax in England and Wales is wide-ranging and continually evolving as tax planning strategies become more sophisticated. The aim is to ensure that taxpayers pay their fair share of tax and that the tax system is seen to be fair and transparent. Capital Gains Tax. chargeable persons/entities (sole traders, partners, and shareholders). Capital gains tax (CGT) is a tax on the profit made from the sale or disposal of certain assets, including property, investments, and business assets. In England and Wales, CGT is charged on individuals, trustees, and personal representatives, including the following chargeable persons: Individuals: Individuals who are resident in the UK are subject to CGT on any gains made from the disposal of chargeable assets, whether the assets are located in the UK or overseas. Non-residents are only subject to CGT on gains made from the disposal of UK residential property. Trustees: Trustees are individuals or groups of individuals who hold assets on behalf of a beneficiary or beneficiaries. They are subject to CGT on any gains made from the disposal of trust assets, including investments and property. Personal Representatives: Personal representatives are individuals or groups of individuals who are responsible for administering an estate after someone has died. They are subject to CGT on any gains made from the disposal of assets within the estate, including property and investments. Companies: Companies are subject to corporation tax on any gains made from the disposal of chargeable assets. However, there are some exceptions, such as gains made from the disposal of UK residential property, which are subject to CGT. It's important to note that there are various reliefs, exemptions, and allowances available to reduce the amount of CGT payable by chargeable persons. For example, individuals can claim an annual exemption of £12,300 for the tax year 2022/23, and entrepreneurs' relief (now called business asset disposal relief) may be available to those who sell qualifying business assets. In conclusion, chargeable persons for capital gains tax in England and Wales include individuals, trustees, personal representatives, and companies. The amount of CGT payable depends on the gain made from the disposal of assets and various reliefs, exemptions, and allowances may be available to reduce the amount of tax payable. Capital gains tax (CGT) is a tax on the profit made from the sale or disposal of certain assets, including property, investments, and business assets. In England and Wales, CGT is charged on chargeable entities, including the following: Companies: Companies are subject to corporation tax on any gains made from the disposal of chargeable assets. This includes assets such as land and buildings, shares, and goodwill. Companies are also subject to CGT on gains made from the disposal of UK residential property. Partnerships: Partnerships are business structures where two or more people run a business together. Each partner is subject to CGT on their share of any gains made from the disposal of partnership assets. If the partnership is dissolved, any gains made from the disposal of assets are subject to CGT by the individual partners. Limited Liability Partnerships (LLPs): LLPs are a type of partnership where the partners have limited liability. They are subject to the same CGT rules as partnerships. Trusts: Trusts are legal arrangements where assets are held by trustees on behalf of beneficiaries. They are subject to CGT on any gains made from the disposal of trust assets, including investments and property. The trustees are responsible for paying the CGT. It's important to note that there are various reliefs, exemptions, and allowances available to reduce the amount of CGT payable by chargeable entities. For example, companies can claim indexation allowance and annual investment allowance to reduce their CGT liability, and entrepreneurs' relief (now called business asset disposal relief) may be available to those who sell qualifying business assets. In conclusion, chargeable entities for capital gains tax in England and Wales include companies, partnerships, LLPs, and trusts. The amount of CGT payable depends on the gain made from the disposal of assets and various reliefs, exemptions, and allowances may be available to reduce the amount of tax payable. basis of charge (calculation of gains/allowable deductions/main reliefs and exemptions). The basis of charge for capital gains tax (CGT) in England and Wales is the gain made on the disposal of a chargeable asset. The gain is calculated as the difference between the disposal proceeds (i.e., the sale price) and the acquisition cost (i.e., the purchase price), plus any incidental costs of acquisition and disposal. Allowable deductions from the gain include any costs incurred to enhance the value of the asset, such as renovation or improvement costs. In addition, there are certain reliefs and exemptions available that can reduce the amount of CGT payable. Some of the main reliefs and exemptions include: Annual exemption: Every individual has an annual exemption of £12,300 for the tax year 2022/23. This means that they can make gains up to this amount in a tax year without having to pay any CGT. Entrepreneurs' relief (now called business asset disposal relief): This relief is available to individuals who dispose of all or part of their business or shares in a qualifying company. The relief reduces the rate of CGT from the standard rate of 20% to 10%, subject to certain conditions. Private residence relief: This relief is available to individuals who dispose of their main residence. It exempts any gain made on the disposal of the property from CGT, subject to certain conditions. Gift holdover relief: This relief is available to individuals who give away an asset to someone else, such as a family member or a charity. The relief defers the CGT liability until the recipient disposes of the asset. Roll-over relief: This relief is available to individuals who dispose of certain business assets and use the proceeds to purchase replacement assets. It defers the CGT liability until the replacement assets are sold. In addition to the above reliefs and exemptions, there are other specific reliefs available for certain types of assets or transactions, such as agricultural and woodlands relief, and company reorganisations relief. In conclusion, the basis of charge for CGT in England and Wales is the gain made on the disposal of a chargeable asset, calculated as the difference between the disposal proceeds and the acquisition cost, plus any incidental costs of acquisition and disposal. Allowable deductions include any costs incurred to enhance the value of the asset. There are various reliefs and exemptions available to reduce the amount of CGT payable, including the annual exemption, entrepreneurs' relief, private residence relief, gift holdover relief, and roll-over relief. the charge to tax: calculation and collection. The charge to tax for capital gains tax (CGT) in England and Wales is based on the gain made on the disposal of a chargeable asset, as discussed in the previous answer. The calculation of the CGT liability depends on the chargeable entity and the type of asset disposed of. For individuals, trustees, and personal representatives, the CGT rate is 10% for gains that fall within the basic rate income tax band, and 20% for gains that fall within the higher or additional rate income tax bands. For companies, the standard rate of corporation tax applies to any gains made from the disposal of chargeable assets. The CGT liability is reported and paid through self-assessment. Individuals, trustees, and personal representatives are required to report and pay CGT on the self-assessment tax return for the relevant tax year. The deadline for filing the tax return is 31 January following the end of the tax year in which the disposal took place. Payment of the CGT liability is also due by this date. For companies, the CGT liability is reported and paid through the company tax return. The deadline for filing the company tax return is usually 12 months after the end of the accounting period in which the disposal took place, with payment of the CGT liability due by the same date. It is important to note that there are various reliefs, exemptions, and allowances available to reduce the amount of CGT payable, as discussed in the previous answer. These should be taken into account when calculating the CGT liability. In conclusion, the charge to tax for CGT in England and Wales is based on the gain made on the disposal of a chargeable asset. The CGT liability is calculated based on the chargeable entity and the type of asset disposed of. The CGT liability is reported and paid through self-assessment for individuals, trustees, and personal representatives, and through the company tax return for companies. Reliefs, exemptions, and allowances are available to reduce the amount of CGT payable. the scope of anti-avoidance provisions. The UK tax system includes a range of anti-avoidance provisions to prevent taxpayers from using artificial schemes or arrangements to reduce their tax liability, including for capital gains tax (CGT) in England and Wales. One of the key anti-avoidance provisions for CGT is the General Anti-Abuse Rule (GAAR). This rule allows HM Revenue and Customs (HMRC) to challenge tax arrangements that are considered abusive and impose penalties and charges on the taxpayer. The GAAR applies to all taxes, including CGT, and covers both UK and non-UK resident taxpayers. In addition to the GAAR, there are various specific anti-avoidance provisions for CGT. For example: Transactions in securities rules: These rules prevent taxpayers from avoiding CGT by entering into arrangements that involve the disposal of shares or other securities. The rules apply where an individual or company acquires shares or securities in a company, and then disposes of them within a short period of time (30 days). Transfer of assets abroad rules: These rules prevent taxpayers from avoiding CGT by transferring assets to a person or entity located in a country with a lower tax rate. The rules apply where an individual or company transfers assets to a person or entity located in a territory outside the UK, and then disposes of them within a certain period of time (5 years). Substantial shareholdings exemption: This exemption provides relief from CGT on the disposal of shares in a company that meets certain conditions. However, the exemption is subject to anti-avoidance provisions that prevent taxpayers from artificially manipulating the conditions to benefit from the relief. Disclosure of Tax Avoidance Schemes (DOTAS): This regime requires promoters and users of certain tax arrangements to disclose the details of the scheme to HMRC. The aim is to enable HMRC to identify and challenge abusive tax arrangements. In conclusion, there are various anti-avoidance provisions for CGT in England and Wales, including the GAAR, specific rules for transactions in securities and transfer of assets abroad, the substantial shareholdings exemption, and the DOTAS regime. These provisions are designed to prevent taxpayers from using artificial schemes or arrangements to reduce their tax liability and ensure a fair and consistent application of the tax rules. Corporation Tax. basis of charge. The basis of charge for corporation tax in England and Wales is the taxable profits of a company. Taxable profits are calculated by subtracting allowable expenses and deductions from the company's total income for a specific accounting period. Total income includes all profits earned from trading activities, investment income, and any other income earned by the company. Allowable expenses and deductions include all expenses incurred in the course of carrying out the company's trade or business, such as salaries, rent, and raw materials. There are also certain expenses and deductions that are specifically disallowed for tax purposes, such as depreciation of land, certain types of entertaining expenses, and fines or penalties incurred by the company. Once the taxable profits have been calculated, the company must then apply the relevant corporation tax rate to the taxable profits to determine the amount of tax payable. The current standard rate of corporation tax in England and Wales is 19%. In addition to the standard rate, there are also special rates for certain types of income, such as income from patents and income from ring-fenced profits of oil and gas extraction companies. Finally, it is important to note that companies in England and Wales are required to file a corporation tax return and pay any tax due within 9 months and 1 day of the end of their accounting period. Failure to comply with these deadlines can result in penalties and interest charges. calculation, payment and collection of tax. The calculation, payment, and collection of corporation tax in England and Wales follows a set of rules and procedures. Here is an overview of the process: Calculation of corporation tax: The taxable profits of a company are calculated by subtracting allowable expenses and deductions from the total income for a specific accounting period. Once the taxable profits have been calculated, the corporation tax rate is applied to the profits to determine the amount of tax payable. Filing a corporation tax return: A company is required to file a corporation tax return with HM Revenue and Customs (HMRC) within 12 months after the end of its accounting period. The corporation tax return provides details of the company's taxable profits, allowable expenses, and tax due. The corporation tax return must be filed electronically. Payment of corporation tax: The payment of corporation tax is due within 9 months and 1 day after the end of the company's accounting period. The payment can be made electronically or by post. Companies can make payments in installments if they meet certain criteria. Collection of corporation tax: HMRC is responsible for collecting corporation tax. HMRC may contact a company to request further information or clarification on its tax return. HMRC may also carry out an investigation or audit to ensure the company has paid the correct amount of tax. Penalties may be imposed for late filing of the corporation tax return, late payment of tax, or errors on the tax return. In summary, the calculation, payment, and collection of corporation tax in England and Wales requires companies to calculate their taxable profits, file a corporation tax return, pay the tax due, and comply with HMRC regulations. Non-compliance with these procedures can result in penalties and interest charges. tax treatment of company distributions or deemed distributions to shareholders. The tax treatment of company distributions or deemed distributions to shareholders for corporation tax in England and Wales is subject to the rules governing the treatment of dividends and other distributions under the Income Tax Act 2007 and the Corporation Tax Act 2010. When a company makes a distribution to its shareholders, the distribution may be treated as either a dividend or a repayment of capital, depending on the circumstances. Dividends are taxed differently from repayments of capital. The tax treatment of dividends is as follows: Taxation of dividends: Dividends received by individuals are taxed as income, subject to certain tax-free allowances. Dividends received by companies are subject to corporation tax. Dividend allowance: Individuals are entitled to a tax-free dividend allowance, currently set at £2,000 per tax year. Dividends received above this allowance are taxed at different rates depending on the individual's marginal rate of income tax. Corporation tax deduction: Companies are entitled to a deduction for dividends paid to their shareholders when calculating their taxable profits. However, this deduction may be restricted in certain circumstances, such as when the recipient of the dividend is a non-resident company. The tax treatment of repayments of capital is as follows: Treatment as a capital receipt: Repayments of capital are treated as a capital receipt for tax purposes and are not subject to income tax or corporation tax. Reduction in share capital: When a company reduces its share capital, the repayment of capital is treated as a distribution and is subject to the same tax treatment as dividends. It is important to note that the tax treatment of distributions to shareholders is subject to various rules and restrictions, and companies should seek professional advice before making any distributions to their shareholders. outline of anti-avoidance legislation. There are several pieces of anti-avoidance legislation for corporation tax in England and Wales, which are designed to prevent companies from engaging in aggressive tax planning or using artificial structures to reduce their tax liability. Here is an outline of some of the key anti-avoidance measures: General anti-abuse rule (GAAR): The GAAR is a rule designed to counteract tax arrangements that are contrary to the purpose of tax legislation and are abusive. The GAAR applies to all taxes, including corporation tax, and allows HM Revenue and Customs (HMRC) to challenge and counteract abusive tax arrangements. Transfer pricing: Transfer pricing rules are designed to ensure that transactions between related companies are conducted at arm's length, meaning that they are priced as if the parties were unrelated. The rules require companies to document their transfer pricing policies and to provide evidence that their pricing is at arm's length. Controlled foreign companies (CFCs): CFC rules are designed to prevent UK companies from diverting profits to low-tax jurisdictions by artificially locating their subsidiaries or activities overseas. The rules require companies to include the profits of their CFCs in their UK tax returns, subject to certain exemptions and reliefs. Diverted profits tax (DPT): The DPT is a tax designed to counteract profits that are diverted from the UK to low-tax jurisdictions through arrangements that lack economic substance. The DPT applies a 25% tax rate to profits that are deemed to be artificially diverted from the UK. Hybrid mismatch rules: Hybrid mismatch rules are designed to prevent companies from exploiting differences in the tax treatment of entities or instruments across different jurisdictions. The rules apply to arrangements that result in a double deduction or a deduction without an inclusion. Thin capitalisation rules: Thin capitalisation rules are designed to prevent companies from excessively loading their UK operations with debt to reduce their UK tax liability. The rules restrict the amount of interest that a company can deduct for UK tax purposes on loans from related parties. These are some of the key anti-avoidance measures for corporation tax in England and Wales, and companies must be aware of the rules and regulations to avoid penalties and reputational damage. Value Added Tax. key principles relating to scope, supply, input and output tax. The key principles relating to scope, supply, input, and output tax for value added tax (VAT) in England and Wales are as follows: Scope: VAT is a tax on goods and services supplied in the UK. It applies to most goods and services, whether produced domestically or imported from abroad, but there are some exemptions and reduced rates. Supply: VAT is charged on the supply of goods and services made by a taxable person in the course of their business. A taxable person is a person who is registered for VAT or required to be registered for VAT. The supply of goods and services is deemed to take place at the time of delivery or performance. Input tax: Input tax is the VAT that a business pays on goods and services that it purchases in the course of its business. A business can deduct input tax from the VAT it charges on its own supplies of goods and services (output tax). Output tax: Output tax is the VAT that a business charges on the goods and services it supplies to its customers. A business must register for VAT if its taxable turnover exceeds the registration threshold, which is currently £85,000. VAT rates: VAT is charged at different rates depending on the type of goods or services supplied. The standard rate is currently 20%, but there are also reduced rates of 5% and 0%, as well as exemptions. VAT returns: A business registered for VAT must submit VAT returns to HM Revenue and Customs (HMRC) on a regular basis (usually quarterly), showing the amount of output tax and input tax. The business must pay the difference between the output tax and input tax to HMRC, or claim a refund if the input tax exceeds the output tax. In summary, VAT is a tax on goods and services supplied in the UK, charged on the supply of goods and services made by a taxable person, and payable on the difference between output tax and input tax. There are different VAT rates depending on the type of goods or services supplied, and businesses must register for VAT if their taxable turnover exceeds the registration threshold. registration requirements and issue of VAT invoices. In England and Wales, businesses that make taxable supplies of goods or services and have an annual turnover of more than £85,000 must register for VAT with HM Revenue and Customs (HMRC). This is known as the VAT registration threshold. Once a business is registered for VAT, it must charge VAT on its taxable supplies of goods and services and issue VAT invoices to its customers. A VAT invoice is a document that shows the amount of VAT charged on the supply of goods or services, along with other information such as the date of supply, a description of the goods or services supplied, and the VAT registration number of the supplier. The following information must be included on a VAT invoice: A unique invoice number The date of issue The name, address and VAT registration number of the supplier The name and address of the customer A description of the goods or services supplied The total amount payable, excluding VAT The rate of VAT charged The total amount of VAT charged If the customer is registered for VAT, they can use the VAT invoice to claim back the VAT charged on their purchases. If the customer is not registered for VAT, they cannot claim back the VAT and must pay the full amount shown on the invoice. It's important to note that there are certain rules and requirements around issuing VAT invoices, and businesses must ensure they comply with these rules to avoid penalties from HMRC. returns/payment of VAT and record keeping. In England and Wales, businesses registered for VAT must submit VAT returns to HM Revenue and Customs (HMRC) on a regular basis, usually quarterly. The VAT return is a document that shows the amount of VAT charged on sales (output tax) and the amount of VAT paid on purchases (input tax) during the period covered by the return. The difference between output tax and input tax is the amount of VAT owed to HMRC, or the amount of VAT that can be reclaimed. The deadline for submitting a VAT return and paying any VAT owed to HMRC is usually one calendar month and seven days after the end of the VAT accounting period. The VAT accounting period is usually three months long, but businesses can apply to HMRC to change the length of their accounting period. In addition to submitting VAT returns and paying any VAT owed, businesses must also keep accurate records of all their sales and purchases, including: VAT invoices issued and received Credit and debit notes Customs and import documents (if applicable) Records of goods used for business purposes and goods taken out of stock for private use Annual accounts and tax returns Records must be kept for at least six years, and businesses must make them available to HMRC for inspection upon request. It's important for businesses to keep accurate records and submit VAT returns on time to avoid penalties and interest charges from HMRC. There are also various schemes and reliefs available to help businesses manage their VAT obligations, such as the flat rate scheme, cash accounting scheme, and annual accounting scheme. Inheritance Tax. business property relief. Business Property Relief (BPR) is a tax relief available in England and Wales that can help reduce the inheritance tax (IHT) liability on certain business assets that are included in an individual's estate when they die. BPR was introduced to help business owners pass on their businesses to the next generation and encourage investment in small and medium-sized enterprises (SMEs). The relief is available on two types of assets: business assets and shares in unquoted companies. Business assets can include land, buildings, machinery, and other tangible assets used in a business. Shares in unquoted companies refer to shares in companies that are not listed on a recognized stock exchange, and where the shares are held as part of a trading business. BPR provides full relief on the value of qualifying business assets at a rate of 100% or 50%, depending on the type of asset. This means that the value of the business assets is completely or partially exempt from IHT when the individual dies. The rate of relief depends on whether the asset is a business or an asset used in a business, and how long the asset has been owned by the individual. To qualify for BPR, the asset must be a business asset and must have been owned by the individual for at least two years prior to their death. The asset must also be used for a qualifying trade, which means it must be used for the purposes of a business or an enterprise, and not held for investment purposes. BPR can be claimed by the personal representatives of the deceased individual when the estate is being valued for IHT purposes. If the business or shares in an unquoted company qualify for BPR, the value of those assets will be reduced or eliminated from the taxable value of the estate. In conclusion, Business Property Relief (BPR) is a tax relief available in England and Wales that can help reduce the inheritance tax (IHT) liability on certain business assets that are included in an individual's estate when they die. BPR provides full relief on the value of qualifying business assets at a rate of 100% or 50%, depending on the type of asset. To qualify for BPR, the asset must be a business asset, must have been owned by the individual for at least two years prior to their death, and must be used for a qualifying trade. BPR can be claimed by the personal representatives of the deceased individual when the estate is being valued for IHT purposes.

Acing the SQE/Dispute Resolution. The principles, procedures and processes involved in dispute resolution or Dispute Resolution in short is one of the subjects tested in SQE1. =Chapters= Where to start proceedings. allocation of business between the High Court and the county court. In England, both the High Court and County Court have jurisdiction over civil cases. The allocation of business between the two courts is determined by the value and complexity of the claim. Generally speaking, the County Court will handle less complex cases with a lower value of up to £100,000. This includes matters such as small claims, debt recovery, and personal injury cases. The High Court, on the other hand, deals with more complex cases, higher-value cases exceeding £100,000, and cases involving specialized areas of law such as intellectual property, insolvency, and judicial review. Additionally, there are specific divisions of the High Court that deal with certain types of cases, such as the Chancery Division which handles disputes involving trusts, property, and company law, and the Queen's Bench Division which deals with contract and tort disputes, among others. It's worth noting that some cases may be commenced in either the High Court or County Court, and the choice of court will depend on a number of factors including the complexity and value of the claim, as well as the preference of the parties involved. jurisdiction of the specialist courts. In addition to the High Court and County Court, there are several specialist courts in England that have jurisdiction over specific areas of law. These courts include: The Chancery Division: This division of the High Court deals with cases involving trusts, probate, insolvency, and company law. The Queen's Bench Division: This division of the High Court deals with cases involving contract and tort disputes, defamation, and judicial review. The Family Division: This division of the High Court deals with cases involving family law, such as divorce, child custody, and adoption. The Commercial Court: This division of the High Court deals with international trade disputes, shipping, and insurance matters. The Technology and Construction Court: This division of the High Court deals with disputes related to construction, engineering, and technology. The Patents Court: This division of the High Court deals with disputes related to patents, trademarks, and other intellectual property rights. Each of these specialist courts has its own set of rules and procedures, and the judges who preside over them typically have expertise in the relevant area of law. By having specialist courts, the English legal system is able to ensure that cases are heard by judges with the appropriate knowledge and experience, which can lead to more efficient and effective resolution of disputes. Issuing and serving proceedings. In English courts, it is possible to add, remove, or substitute parties to a legal proceeding after it has been issued and served. This can be done for a variety of reasons, such as changes in circumstances or the discovery of new information. Adding a party: To add a party to a legal proceeding, the claimant must make an application to the court to amend the claim form. This application should include the details of the new party and their role in the case. The court will then consider the application and decide whether to grant permission to add the new party. Removing a party: To remove a party from a legal proceeding, the claimant or defendant must make an application to the court to amend the claim form. This application should include the details of the party to be removed and the reasons for their removal. The court will then consider the application and decide whether to grant permission to remove the party. Substituting a party: To substitute a party in a legal proceeding, the claimant or defendant must make an application to the court to amend the claim form. This application should include the details of the new party and their role in the case, as well as the reasons for the substitution. The court will then consider the application and decide whether to grant permission to substitute the party. issuing a claim form. Issuing a claim form is the first step in bringing a claim in the civil court system of England and Wales. The claim form sets out the details of the claim, including the parties involved and the nature of the dispute. To issue a claim form, the claimant must complete the appropriate form (usually Form N1) and file it with the court. The form should include the following information: The names and addresses of the claimant and defendant. A concise statement of the nature of the claim and the remedy sought. The grounds for the claim and the amount claimed (if applicable). The address for service of the claim form and any other documents. Any other relevant information, such as the details of any pre-action protocol that has been followed. Once the claim form has been filed with the court, it must be served on the defendant. The claimant must ensure that the claim form is served within the time limits set out in the Civil Procedure Rules. Service of the claim form can be done in a number of ways, including by post, in person, or by electronic means. The claimant must ensure that the method of service used is appropriate and that proof of service is obtained and filed with the court. After the claim form has been served, the defendant has a specified period of time (usually 14 days or 28 days, depending on the method of service) to file a response. If the defendant fails to respond within the specified time, the claimant may apply for a default judgment. If the defendant does respond, the case will proceed through the court system, with both parties providing evidence and making arguments in support of their case. Ultimately, the court will make a decision on the merits of the claim, based on the evidence presented. adding, removing or substituting parties. In the course of dispute resolution in England and Wales, it may be necessary to add, remove or substitute parties to a claim. This may be due to a change in circumstances, such as the sale of a business, or a mistake made in the initial claim. Adding Parties: To add a party to a claim, the claimant must make an application to the court to amend the claim form. The application must be supported by evidence showing why the party should be added, and any additional claims that are being made. The court will consider the application and may require the new party to be served with the claim form and given the opportunity to respond. Removing Parties: To remove a party from a claim, the claimant or defendant must make an application to the court to amend the claim form. The application must be supported by evidence showing why the party should be removed, such as a settlement or a mistake in the initial claim. The court will consider the application and may require the remaining parties to be served with the amended claim form. Substituting Parties: To substitute a party in a claim, the claimant must make an application to the court to amend the claim form. The application must be supported by evidence showing why the new party should be substituted, such as a transfer of ownership or a change in legal status. The court will consider the application and may require the new party to be served with the amended claim form. It is important to note that there are strict time limits for making applications to add, remove or substitute parties, and failure to comply with these time limits may result in the application being refused. Additionally, the court will consider factors such as the prejudice to the other parties and the impact on the progress of the case when deciding whether to grant the application. service of a claim form within the jurisdiction. In order to start a civil claim in England and Wales, the claimant must serve the claim form on the defendant. Service is the formal process of delivering the claim form to the defendant in accordance with the Civil Procedure Rules (CPR). If the defendant is located within the jurisdiction of England and Wales, the claimant may serve the claim form by: Personal Service: The claim form can be personally served on the defendant by a process server or other authorized individual. Personal service means physically delivering the claim form to the defendant, and the server must then complete a certificate of service to confirm that the form has been served. First Class Post: The claim form can be sent to the defendant by first class post. This method is only valid if the defendant has provided a valid address for service, and the claimant must obtain a certificate of posting as evidence of service. Email or Fax: The claim form can be served on the defendant by email or fax if the defendant has agreed to accept service in this way. The claimant must obtain confirmation of receipt as evidence of service. Solicitor: The claim form can be served on the defendant's solicitor, if they have appointed one for the case. It is important to note that the claim form must be served within the relevant time limit, which is usually four months from the date of issue. The claimant must also file a certificate of service with the court to confirm that the claim form has been served in accordance with the CPR. Failure to comply with the rules on service may result in the claim being struck out by the court. procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction. If the defendant is located outside the jurisdiction of England and Wales, the claimant must obtain permission from the court to serve the claim form outside the jurisdiction. This can be done by making an application for permission under CPR 6.36. The claimant must provide evidence to the court to demonstrate that the case falls within one of the categories for which permission to serve out of the jurisdiction is allowed. These include cases where: The claim is for breach of contract and the contract was made within the jurisdiction, or the contract was performed within the jurisdiction. The claim is for a tort and the damage was sustained within the jurisdiction, or the tort was committed within the jurisdiction. The claimant is seeking a remedy against property located within the jurisdiction. If the court grants permission, the claimant can then serve the claim form on the defendant in accordance with the local rules of the jurisdiction where the defendant is located. The claimant must also file a copy of the claim form and evidence of service with the court in England and Wales. The methods for effecting valid service in another jurisdiction will depend on the rules of that jurisdiction. The most common methods include: Personal service by a process server or authorized individual in the local jurisdiction. Service through the postal service, either by registered post or a local equivalent. Service by a local solicitor acting as an agent for the claimant. Service by email or fax, if the local jurisdiction permits. It is important to ensure that service is effected in accordance with the rules of the local jurisdiction, as failure to do so may result in the claim being dismissed or struck out by the court. deemed dates of service and time limits for serving proceedings. In England and Wales, the date of service of proceedings is important because it triggers various time limits that apply in the litigation process. The rules governing deemed dates of service and time limits for serving proceedings are set out in the Civil Procedure Rules (CPR). Deemed Date of Service: The deemed date of service of a document depends on the method of service used. The following are the deemed dates of service for the most common methods of service: Personal service: The date on which the document is personally delivered to the recipient. First class post: The second business day after posting. Second class post: The fourth business day after posting. Fax: The date of transmission. Email: The date of sending, unless the sender receives a delivery failure message. Time Limits for Serving Proceedings: The time limit for serving proceedings depends on the type of claim and the court in which the claim is brought. The following are some general time limits for serving proceedings: In most cases, the claim form must be served within four months of the date of issue. In claims for personal injury, the claim form must be served within four months of the date of issue, unless the court gives permission for a longer period. In claims against the Crown, the time limit for service is extended to six months. In claims for defamation, the claim form must be served within one year of the date on which the cause of action accrued. It is important to note that there may be additional time limits that apply to specific claims, and these should be checked carefully before issuing proceedings. If the claim form is not served within the relevant time limit, the claimant may need to apply to the court for an extension of time. The court will consider various factors when deciding whether to grant an extension, including the reason for the delay, the length of the delay, and the prejudice that the other party may suffer as a result of the delay. service by an alternative method. Service is the process by which a party to a civil litigation action provides notice of the legal proceedings to the other party or parties. In English civil litigation, service is usually carried out by delivering the relevant documents to the recipient in person, by post or by email. However, in certain circumstances, it may not be possible to effect service in this way. In such cases, the court may permit service to be carried out by an alternative method. An alternative method of service may be permitted where it is not reasonably practicable to effect service by the usual methods, or where the party to be served is avoiding service. For example, if a party is living in a different country and cannot be located, or if they are deliberately evading service, the court may allow alternative methods of service. Alternative methods of service may include personal service by a court official, service by fax or email, service by post to an alternative address, or even service via social media or other electronic means. Before permitting alternative methods of service, the court will consider whether they are appropriate and whether they are likely to result in effective communication of the proceedings to the recipient. The court may also require the party seeking alternative service to provide evidence that the recipient is likely to receive the documents. It is important for parties to ensure that they comply with the rules regarding service, including any requirements for obtaining the court's permission to use an alternative method of service. Failure to comply with these rules may result in the court setting aside any subsequent judgment obtained as a result of defective service. Overall, service by alternative methods is a useful tool in situations where the usual methods of service are not effective, but parties should be aware of the rules and procedures involved to ensure that they comply with the court's requirements. Responding to a claim. admitting the claim. In English civil litigation, admitting the claim means that the defendant agrees to the claimant's claim and does not contest it. This can happen at any stage of the proceedings, either before or after the claim has been issued. If the defendant admits the claim, the court may enter judgment in favour of the claimant without the need for a trial or further hearing. This is known as a default judgment or summary judgment. If the defendant admits the claim before proceedings have been issued, the claimant may be able to obtain a judgment without the need for court proceedings. This is known as a judgment in default. However, it is important to note that admitting the claim may not always be the best course of action for the defendant. If the defendant admits the claim, they may be liable for the full amount claimed, and may not be able to argue any defences or counterclaims that they may have had. Therefore, it is important for the defendant to seek legal advice before admitting the claim. If the defendant admits the claim, the court will usually make an order for payment or other remedy, such as an order for the payment of damages or the return of property. The court may also order the defendant to pay the claimant's legal costs. Overall, admitting the claim is a way for the defendant to bring the matter to a close without the need for a trial or further hearing. However, it is important for the defendant to consider the implications of admitting the claim before doing so, and to seek legal advice if necessary. acknowledging service and filing a defence and/or counterclaim. In English civil litigation, acknowledging service and filing a defence and/or counterclaim are important steps in defending a claim. Acknowledging service involves the defendant notifying the court that they have received the claim form and intend to defend the claim. The defendant must usually acknowledge service within 14 days of receiving the claim form (or 28 days if they are served outside the UK). Once the defendant has acknowledged service, they have a further 14 days to file a defence. The defence sets out the defendant's response to the claimant's allegations, and may include any defences, counterclaims or set-offs that the defendant wishes to raise. A counterclaim is a claim made by the defendant against the claimant, arising out of the same or related facts as the claimant's claim. For example, if the claimant sues the defendant for breach of contract, the defendant may counterclaim for damages for the claimant's own breach of the contract. The counterclaim is usually included in the defence document. The defence and counterclaim must comply with the Civil Procedure Rules and should set out the facts and legal arguments that the defendant wishes to rely on. If the defendant does not file a defence within the specified time, the claimant may apply for judgment in default. If the defendant does file a defence, the court may set the matter down for trial, or may direct the parties to take certain steps, such as disclosure of documents or exchange of witness statements. Overall, acknowledging service and filing a defence and/or counterclaim are important steps in defending a claim in English civil litigation. These documents set out the defendant's position and may be crucial in determining the outcome of the case. It is important for the defendant to seek legal advice to ensure that their defence and counterclaim are properly drafted and have the best chance of success. disputing the court’s jurisdiction. Disputing the court's jurisdiction in English civil litigation refers to the process of challenging the court's authority to hear a particular claim. If a defendant believes that the court does not have jurisdiction over the claim, they may raise an objection to the court's jurisdiction. This may be because the claimant has chosen the wrong court or because the defendant is located in a different jurisdiction. The process of disputing the court's jurisdiction usually begins with the defendant filing an application to the court to challenge the jurisdiction. The defendant must set out the grounds for disputing the court's jurisdiction in the application. If the court finds that it does not have jurisdiction, it will dismiss the claim. However, if the court finds that it does have jurisdiction, it will usually proceed with the case. It is important to note that disputing the court's jurisdiction can be a complex and technical area of law. If the defendant is unsure about whether they have grounds to dispute the jurisdiction, they should seek legal advice. Overall, disputing the court's jurisdiction is an important step in English civil litigation if the defendant believes that the court does not have the authority to hear the claim. If successful, it can result in the claim being dismissed. However, it is important to seek legal advice before taking this step. entering and setting aside judgment in default. In English civil litigation, entering and setting aside judgment in default are important steps that can arise when a defendant fails to file a defence in response to a claim. If a defendant does not file a defence within the specified time limit after acknowledging service, the claimant may apply to the court for judgment in default. Judgment in default means that the claimant will be entitled to a judgment in their favour without the need for a trial or hearing. To enter judgment in default, the claimant must make an application to the court setting out the defendant's failure to file a defence, and requesting that the court enter judgment in the claimant's favour. If the court grants the application for judgment in default, the defendant will have the opportunity to apply to have the judgment set aside. The defendant must apply to set aside the judgment within a reasonable time, and must show that they have a good reason for not filing a defence on time. For example, the defendant may have had a valid excuse for not being able to file a defence, such as illness or a family emergency. If the court agrees to set aside the judgment, the defendant will be allowed to file a defence and the case will proceed as usual. However, if the court refuses to set aside the judgment, the claimant will be entitled to enforce the judgment against the defendant. Overall, entering and setting aside judgment in default are important steps in English civil litigation that can have significant implications for the parties involved. It is important for both claimants and defendants to seek legal advice if they are facing a situation where judgment in default may be entered or set aside. discontinuance and settlement. Discontinuance and settlement are two ways in which English civil litigation may be resolved without the need for a trial or hearing. Discontinuance occurs when a claimant decides to discontinue their claim. This means that they are voluntarily ending the legal proceedings against the defendant. The claimant can discontinue the claim at any time before trial, by serving notice of discontinuance on the defendant and filing it with the court. Once the notice of discontinuance has been filed, the claim is no longer active and the defendant is no longer required to respond to it. Settlement, on the other hand, occurs when the parties reach an agreement to resolve the dispute between them. Settlement can occur at any stage of the litigation process, and can take many different forms. For example, the parties may agree to a payment of money, or to some other form of remedy, such as an apology or a change in behaviour. The terms of the settlement are usually set out in a settlement agreement, which is a legally binding document that sets out the terms of the settlement. Once the settlement agreement has been signed by both parties, the claim will be resolved and the legal proceedings will come to an end. Overall, discontinuance and settlement are two important ways in which English civil litigation may be resolved without the need for a trial or hearing. While they may involve some negotiation and compromise, they can be an effective way of resolving disputes in a timely and cost-effective manner. It is important for parties to seek legal advice to ensure that any settlement or discontinuance is properly drafted and has the best chance of success. time limits for responding to a claim. In English civil litigation, there are time limits for responding to a claim, which are set out in the Civil Procedure Rules. The time limit for responding to a claim will depend on the method of service used to serve the claim on the defendant. If the claim is served in the UK by first-class post, the defendant has 14 days to respond to the claim. If the claim is served by another method, such as personal service or email, the defendant has 21 days to respond. If the defendant needs more time to respond, they can apply to the court for an extension of time. The court will usually grant an extension if the defendant has a good reason for needing more time. It is important to note that failure to respond to a claim within the specified time limit may result in the claimant obtaining judgment in default, which means that the claimant will be entitled to a judgment in their favour without the need for a trial or hearing. Overall, it is important for defendants in English civil litigation to be aware of the time limits for responding to a claim, and to take action promptly to respond to the claim within the specified time limit or to seek an extension of time if necessary. Statements of case. purpose, structure and content of a claim form, particulars of claim, or defence relating to a claim in contract or tort. In English civil litigation, a claim form is a legal document that initiates a lawsuit by setting out the details of the claimant's case against the defendant. The purpose of the claim form is to provide notice to the defendant that they are being sued and to outline the legal basis for the claim. The structure of a claim form typically includes a heading that identifies the court in which the claim is being brought, the names and addresses of the claimant and defendant, and the title of the case. The form will also include a section that sets out the particulars of the claim, which is a detailed summary of the legal basis for the claim. The content of a claim form will depend on the specific details of the case, but in general, it will include the following: A statement of the facts upon which the claim is based. The legal basis for the claim, such as a breach of contract or negligence. The relief sought, which is the remedy or compensation that the claimant is seeking, such as damages or an injunction. Any supporting documents or evidence that the claimant wishes to rely on, such as contracts, correspondence, or witness statements. In addition to the claim form, the claimant may also file a particulars of claim document, which provides more detailed information about the claim, including specific facts and legal arguments. The particulars of claim may be required by the court if the claim form is not sufficiently detailed. The defendant will then have the opportunity to file a defence, which responds to the claimant's allegations and sets out the defendant's position on the case. The structure and content of the defence will be similar to the claim form, and will include a statement of the facts, the legal basis for the defence, and any supporting evidence. Overall, the purpose, structure, and content of a claim form, particulars of claim, and defence in English civil litigation are designed to ensure that both parties have a clear understanding of the legal issues at stake and the evidence that will be relied upon in the case. These documents are crucial in setting out the framework for the lawsuit and providing a basis for the court's decision. purpose, structure and content of a reply, Part 20 claim, or defence to Part 20 claim. In English civil litigation, a reply is a legal document that responds to the defendant's defence, and sets out the claimant's position on the defendant's allegations. The purpose of a reply is to address any issues raised in the defence and to provide additional information or evidence to support the claimant's case. A Part 20 claim is a legal claim made by a defendant against a third party, who may be liable for some or all of the damages claimed by the claimant. The purpose of a Part 20 claim is to shift liability from the defendant to the third party, or to seek contribution from the third party towards the damages claimed by the claimant. The structure of a reply will typically include a heading that identifies the court in which the case is being heard, the names and addresses of the parties, and the title of the case. The content of the reply will depend on the specific details of the case, but in general, it will include the following: A response to the allegations made in the defendant's defence, including any denials or admissions of liability. Any additional facts or evidence that the claimant wishes to rely on to support their case. A rebuttal of any legal arguments made by the defendant. Any counterclaims or Part 20 claims that the claimant wishes to make against the defendant or a third party. The structure and content of a Part 20 claim will be similar to a claim form, but will also include details of the third party against whom the claim is being made. The structure and content of a defence to a Part 20 claim will be similar to a defence, but will also address the third party's liability and any contribution that they may be liable for. Overall, the purpose, structure, and content of a reply, Part 20 claim, and defence to a Part 20 claim in English civil litigation are designed to ensure that all parties have a clear understanding of the legal issues and evidence at stake. These documents are crucial in setting out the framework for the case and providing a basis for the court's decision. requests for further information about statements of case. In English civil litigation, a request for further information is a formal request made by one party to another party seeking clarification or additional details about a statement of case. A statement of case includes the claim form, particulars of claim, defence, reply, and any other documents that set out the parties' legal arguments and evidence. The purpose of a request for further information is to allow a party to better understand the other party's case, to identify any weaknesses or inconsistencies, and to prepare their own case accordingly. The request must be specific and relate to a particular statement of case, and must not be a general fishing expedition. The rules governing requests for further information are set out in Part 18 of the Civil Procedure Rules. The requesting party must serve a written request on the other party, which must set out the questions they wish to ask and the reasons for asking them. The other party then has 28 days to respond with their answers, or to object to the request on the grounds that it is unreasonable, irrelevant, or disproportionate. The content of a request for further information will depend on the specific details of the case, but it may include requests for clarification on a party's legal arguments, requests for the disclosure of specific documents, or requests for additional details about the other party's case. If a party fails to respond to a request for further information, or if they respond inadequately, the requesting party may apply to the court for an order requiring the other party to provide the information. The court may also make an order for costs against the party who fails to comply with a request for further information. Overall, requests for further information are an important tool in English civil litigation, allowing parties to obtain the information they need to prepare their case and ensuring a fair and efficient resolution of the dispute. amendments. Amendments refer to changes made to the legal documents submitted by parties involved in a legal dispute. These documents typically include pleadings such as the claim form, particulars of claim, defense, and counterclaim. Amendments may be necessary for various reasons, such as correcting errors, providing additional information, or addressing new issues that arise during the course of litigation. However, amendments are subject to certain rules and procedures to ensure fairness and efficiency in the legal process. The general principle is that parties should be allowed to amend their statements of case to clarify their position or address any deficiencies, but this should be done within reasonable limits and without causing undue delay or prejudice to the other party. In practice, parties usually seek permission from the court to make amendments. The court will consider factors such as the stage of proceedings, the reasons for the proposed amendments, and the potential impact on the other party. If the court grants permission, the amended statement of case will replace the original version and become part of the formal record of the case. Interim applications. Interim applications are requests made to the court during the course of legal proceedings for temporary or interim relief or to address procedural matters. These applications are typically made before the main trial or final resolution of the dispute. Interim applications can cover a wide range of issues, such as requesting injunctions, seeking disclosure of evidence, or asking for specific directions from the court. procedure for making an application. 1. Identifying the Need for an Interim Application: The need for an interim application may arise during the course of legal proceedings due to various reasons, such as urgency in obtaining relief, addressing procedural matters, or responding to developments in the case. 2. Preparation of Application Notice: The party seeking interim relief must prepare an application notice outlining the relief sought and the grounds for the application. The application notice should be drafted in accordance with the Civil Procedure Rules (CPR) and any relevant court practice directions. 3. Service of Application Notice: Once the application notice is prepared, it must be served on all other parties involved in the dispute. The CPR sets out specific rules regarding the timing and method of service, including deadlines for responding to the application. 4. Filing of Evidence and Supporting Documents: The party making the interim application may need to file evidence in support of their case, such as witness statements, expert reports, or relevant legal authorities. This evidence should be filed with the court and served on the other parties in accordance with the CPR. 5. Hearing of Interim Application: The court will schedule a hearing to consider the interim application. At the hearing, the parties will have the opportunity to present their arguments and respond to the arguments of the opposing party. The court may ask questions, seek clarification, or request further evidence before making a decision. 6. Court's Decision: After considering the evidence and submissions presented by the parties, the court will make a decision on the interim application. The court may grant the relief sought, dismiss the application, or make any other appropriate orders. The court's decision will be recorded in a court order, which will be served on the parties. 7. Compliance with Court Order: Once the court has made a decision on the interim application, the parties must comply with any orders made by the court. Failure to comply with a court order may result in sanctions or penalties imposed by the court. purpose, procedure and evidence required for particular applications. summary judgment. 1. Purpose: Efficiency: Summary judgment allows for the swift resolution of claims or issues where there is no real prospect of success or defense. Cost-Effectiveness: By disposing of claims early in the proceedings, summary judgment helps save the parties involved time and costs associated with lengthy litigation. Fairness: Summary judgment ensures that claims or issues without merit are not allowed to proceed to trial, thus upholding the integrity of the legal process. 2. Procedure: Application: A party may apply to the court for summary judgment by filing an application notice supported by evidence. Grounds: The applicant must demonstrate to the court that there is no real prospect of success for the opposing party or that the opposing party has no real prospect of successfully defending the claim. Evidence: The applicant must provide evidence in support of their application, typically in the form of witness statements, expert reports, or relevant documents. Opposing Response: The opposing party has an opportunity to respond to the application by filing evidence and submissions demonstrating that there is a real prospect of success or a real prospect of successfully defending the claim. Hearing: The court will consider the evidence and submissions presented by both parties at a hearing. The court may ask questions, seek clarification, or request further evidence before making a decision. Judgment: If the court is satisfied that there is no real prospect of success for the opposing party or that the opposing party has no real prospect of successfully defending the claim, it may grant summary judgment in favor of the applicant. 3. Evidence Required: Witness Statements: Parties may submit witness statements from individuals with relevant knowledge or expertise to support their case for summary judgment. Expert Reports: In cases involving technical or specialized issues, parties may rely on expert reports to provide evidence and support their arguments. Relevant Documents: Parties may submit relevant documents, such as contracts, agreements, or correspondence, to support their case for summary judgment. Legal Authorities: Parties may cite relevant case law, statutes, or legal principles to support their arguments for summary judgment. interim payments. Purpose: Financial Relief: Interim payments provide parties with financial assistance to cover immediate expenses, losses, or damages incurred as a result of the dispute. Fairness: Interim payments help ensure that parties are not unduly prejudiced by delays in the legal process and can maintain their financial stability during the course of proceedings. Encouragement of Settlement: Interim payments may encourage parties to settle the dispute by providing them with a partial resolution of their financial claims. Procedure: Application: A party seeking an interim payment may apply to the court by filing an application notice setting out the amount of the payment sought and the grounds for the application. Grounds: The applicant must demonstrate to the court that there is a good arguable case for the payment sought and that the payment is necessary to cover immediate expenses or losses. Evidence: The applicant must provide evidence in support of their application, such as witness statements, expert reports, or relevant documents detailing the expenses or losses incurred. Opposing Response: The opposing party has an opportunity to respond to the application by filing evidence and submissions disputing the amount of the payment sought or challenging the grounds for the application. Hearing: The court will consider the evidence and submissions presented by both parties at a hearing. The court may ask questions, seek clarification, or request further evidence before making a decision. Judgment: If the court is satisfied that there is a good arguable case for the payment sought and that the payment is necessary, it may grant the interim payment in whole or in part. Evidence Required: Witness Statements: Parties may submit witness statements from individuals with relevant knowledge or expertise to support their case for an interim payment. Financial Documents: Parties may submit relevant financial documents, such as invoices, receipts, or financial statements, to demonstrate the expenses or losses incurred. Expert Reports: In cases involving complex financial issues, parties may rely on expert reports to provide evidence and support their arguments for an interim payment. Legal Authorities: Parties may cite relevant case law, statutes, or legal principles to support their arguments for an interim payment. interim injunctions. Purpose: Preventing Harm: Interim injunctions are used to prevent parties from taking certain actions that may cause harm or damage during the course of legal proceedings. Preserving Rights: Interim injunctions may also be sought to preserve rights or assets until the final resolution of the dispute. Maintaining Status Quo: In some cases, interim injunctions are used to maintain the status quo or prevent parties from acting in a way that could prejudice the outcome of the dispute. Procedure: Application: A party seeking an interim injunction must apply to the court by filing an application notice setting out the relief sought and the grounds for the application. Urgency: In cases where urgent action is required, the applicant may apply for an interim injunction without giving notice to the other party. This is known as an "ex parte" application. Notice: In other cases, the applicant must give notice of the application to the other party, who will have an opportunity to respond before the court makes a decision. Evidence: The applicant must provide evidence in support of their application, typically in the form of witness statements, expert reports, or relevant documents. Undertakings: In some cases, the applicant may be required to give undertakings to the court, such as undertaking to pay damages to the respondent if it is later determined that the injunction was wrongly granted. Hearing: The court will schedule a hearing to consider the application for interim injunction. At the hearing, the parties will have the opportunity to present their arguments and respond to the arguments of the opposing party. Judgment: After considering the evidence and submissions presented by the parties, the court will make a decision on whether to grant the interim injunction. If granted, the injunction will be recorded in a court order. Evidence Required: Witness Statements: Parties may submit witness statements from individuals with relevant knowledge or expertise to support their case for an interim injunction. Expert Reports: In cases involving technical or specialized issues, parties may rely on expert reports to provide evidence and support their arguments for an interim injunction. Relevant Documents: Parties may submit relevant documents, such as contracts, agreements, or correspondence, to support their case for an interim injunction. Legal Authorities: Parties may cite relevant case law, statutes, or legal principles to support their arguments for an interim injunction. Case management. the overriding objective. the overriding objective for case management is a fundamental principle aimed at ensuring that cases are dealt with justly and efficiently. It is outlined in Part 1 of the Civil Procedure Rules (CPR) and applies to all civil proceedings in England and Wales. The overriding objective guides judges, parties, and their legal representatives in managing cases from commencement through to resolution. The main components of the overriding objective are: Just Resolution: The primary goal is to achieve a just resolution of the dispute. This involves ensuring that the parties receive a fair hearing and that the outcome is based on the merits of the case. Efficiency: Case management procedures should be conducted efficiently and expeditiously. This includes minimizing delay, avoiding unnecessary costs, and ensuring that cases are resolved within a reasonable timeframe. Proportionality: The costs and resources involved in the proceedings should be proportionate to the complexity and value of the case. This ensures that the costs of litigation are kept reasonable and that parties are not discouraged from pursuing legitimate claims due to excessive expense. Fairness: All parties should have an equal opportunity to present their case and respond to the case of the opposing party. This includes ensuring that both parties have access to relevant information and evidence, as well as the opportunity to challenge evidence presented by the other party. Compliance with Rules: The parties and the court should comply with the CPR and any relevant court orders or directions. This includes meeting deadlines, attending hearings, and following procedural requirements to ensure the smooth progress of the case. Flexibility: The court has discretion to adapt procedures to suit the particular circumstances of each case. This allows for flexibility in case management to accommodate the needs of parties and ensure that justice is achieved effectively. track allocation. Track allocation refers to the process of assigning cases to different tracks within the court system based on their complexity and value. This system helps ensure that cases are handled efficiently and effectively, with appropriate resources allocated according to the specific needs of each case. There are typically three main tracks in the English court system: Small Claims Track: This track is for cases involving relatively low monetary values or simpler legal issues. Cases allocated to the small claims track are usually handled quickly and with minimal formality. They may involve disputes such as unpaid bills, minor property damage, or small contract disagreements. Fast Track: Cases allocated to the fast track are more complex than those on the small claims track but are still relatively straightforward compared to high-value or particularly complex cases. These cases are given a timetable for proceedings to ensure they are resolved efficiently. Examples of cases on the fast track might include personal injury claims of moderate value or disputes over contracts with clear terms. Multi-Track: This track is for cases that are particularly complex, high in value, or involve significant legal issues. Cases allocated to the multi-track often require extensive preparation, expert testimony, and a longer period of time for resolution. Examples of cases on the multi-track include large commercial disputes, complex personal injury claims, or cases involving significant points of law. The track allocation process is typically determined based on factors such as the amount in dispute, the complexity of legal issues involved, the need for expert evidence, and the potential length of the trial. Once a case is allocated to a specific track, it will be managed accordingly, with appropriate procedural rules and resources applied to ensure fair and efficient resolution. case management directions for cases proceeding on the fast or multi-tracks. case management directions for cases proceeding on the fast or multi-tracks are essential for ensuring the efficient and effective handling of these cases. These directions are issued by the court to manage the progression of the case from its initiation to its resolution. Here are some common case management directions typically applied to cases proceeding on the fast or multi-tracks: Pre-trial Case Management Conference: The court may schedule a pre-trial case management conference to discuss the case's progress, identify key issues, and set deadlines for various stages of the litigation process. Timetables and Deadlines: The court will establish specific timetables and deadlines for the parties to adhere to, including deadlines for filing pleadings, exchanging evidence, disclosing documents, and scheduling hearings or trials. Disclosure of Evidence: Parties are required to disclose all relevant documents and evidence they intend to rely on during the trial. This includes witness statements, expert reports, and any other supporting documentation. Expert Evidence: If expert evidence is required, the court will set deadlines for the exchange of expert reports and may also provide directions regarding the appointment of joint experts or the scope of expert testimony. Pre-trial Review: Before the trial, the court may conduct a pre-trial review to assess the case's readiness for trial, address any outstanding issues, and ensure that all necessary preparations have been made. ADR and Settlement: The court may encourage or require the parties to engage in alternative dispute resolution (ADR) methods such as mediation or arbitration to attempt to resolve the dispute without the need for a full trial. Trial Preparation: The court will provide directions for trial preparation, including the filing of trial bundles, witness lists, and any other necessary documentation. Trial Management: During the trial, the court will manage proceedings, including the order of witnesses, the presentation of evidence, and any legal arguments or objections raised by the parties. Costs Management: In multi-track cases, the court may issue directions for costs management to ensure that costs incurred during the litigation process are proportionate and reasonable. Post-trial Directions: After the trial, the court may issue directions for post-trial matters, such as the submission of post-trial briefs, the assessment of costs, and any necessary follow-up proceedings. non-compliance with orders, sanctions and relief. when parties fail to comply with court orders or directions issued as part of case management, it's considered non-compliance. Non-compliance can disrupt the litigation process, cause delays, and hinder the fair resolution of disputes. To address non-compliance, the court has the authority to impose sanctions and provide relief. Here's an explanation of non-compliance, sanctions, and relief in English dispute resolution law: Non-compliance with Orders: Non-compliance occurs when a party fails to adhere to court orders, directions, or deadlines set during the case management process. This could involve failing to provide required documents, missing deadlines for filings, or not attending court hearings as ordered. Sanctions: Sanctions are penalties imposed by the court on parties who fail to comply with orders or directions. Common sanctions include: Costs Orders: The court may order the non-compliant party to pay the costs incurred by the opposing party due to the non-compliance. Striking Out: The court may strike out part or all of a party's case if they repeatedly fail to comply with orders. This means the non-compliant party may lose the right to pursue their claim or defense. Contempt of Court: In severe cases of non-compliance or disobedience, the court may find the non-compliant party in contempt of court, which could lead to fines or imprisonment. Adverse Inferences: The court may draw adverse inferences against the non-compliant party, meaning the court might assume certain facts or arguments are against their interests due to their failure to comply. Relief: Relief refers to remedies or actions the court may take to address the consequences of non-compliance. Examples of relief include: Granting Extensions: In some cases, the court may grant extensions of time for compliance if there are valid reasons for the non-compliance. Setting Aside Default Judgments: If a party has been penalized due to non-compliance and can demonstrate a valid excuse, the court may set aside any default judgments entered against them. Allowing Remedial Action: The court may allow the non-compliant party to take remedial action to rectify the non-compliance, such as providing late submissions or attending make-up hearings. costs and case management conferences. costs and case management conferences play crucial roles in managing cases efficiently and fairly. Let's delve into each of these elements: Costs: In litigation, "costs" refer to the expenses incurred by parties during the legal proceedings. These expenses may include legal fees, court fees, expert witness fees, and other related costs. In English dispute resolution law, the general principle is that the losing party is required to pay the costs of the winning party, although this is subject to the discretion of the court. Costs can be awarded by the court at various stages of the litigation process, including after trial, at interim hearings, or following specific applications made by the parties. The court has wide discretion in determining costs, taking into account factors such as the conduct of the parties, the complexity of the case, and the amount of work done by each party's legal representatives. Costs management is an important aspect of case management, with the court having the power to set budgets for costs to ensure that litigation expenses remain proportionate and reasonable. Case Management Conferences: Case management conferences (CMCs) are procedural hearings held before a judge or a court officer to manage the progress of the case and ensure that it moves forward efficiently. CMCs are typically held to discuss various aspects of the case, including case preparation, disclosure of evidence, expert witnesses, and trial readiness. During a CMC, the court may issue case management directions, such as setting deadlines for filing documents, exchanging evidence, or scheduling future hearings. CMCs are an opportunity for parties to raise procedural issues, address any disagreements, and seek clarification from the court on case management matters. CMCs are often used to explore the possibility of settlement or alternative dispute resolution (ADR) methods, such as mediation or negotiation. Attendance at CMCs is usually mandatory for parties and their legal representatives, and failure to attend without valid reasons may result in sanctions or costs consequences. Evidence. RELEVANCE OF EVIDENCE �If a piece of evidence is relevant to the proceedings, it is admissible. However, there are certain exceptions to this rule, relevance, hearsay and admissibility. relevance. relevance refers to the materiality of evidence in relation to the issues that are in dispute in the case. Evidence is considered relevant if it has the tendency to prove or disprove a fact that is in question in the proceedings. hearsay. Hearsay involves the assertion of a statement made by someone other than the witness who is testifying in court. Exceptions to the Rule: Despite the general rule against hearsay, there are numerous exceptions where hearsay evidence may be admissible. These exceptions are based on various policy considerations and include situations where the statement falls within a recognized exception, such as: Statements made in the course of duty, such as business records, public documents, or official records. Statements made by a person who is unavailable to testify in court due to death, incapacity, or other legal reasons. Statements made in circumstances that provide guarantees of reliability, such as spontaneous declarations made under stress or statements against the speaker's interest. admissibility. admissibility refers to the acceptability of evidence in court proceedings. Admissible evidence is information or materials that the court allows to be presented and considered during the trial or hearing. Relevance: The primary criterion for admissibility is relevance. Evidence must be logically connected to the issues in dispute and have the tendency to prove or disprove a fact that is in question in the case. Evidence that is irrelevant to the issues at hand is typically excluded from consideration. Reliability: Admissible evidence must be reliable and trustworthy. The court evaluates the reliability of evidence based on factors such as the credibility of the source, the accuracy of the information, and any corroborating evidence or supporting documentation. Hearsay Rule: One of the most well-known principles affecting admissibility is the hearsay rule, which generally excludes out-of-court statements made by a person if offered to prove the truth of the matter asserted. However, there are numerous exceptions to this rule where hearsay evidence may be admitted based on specific circumstances and policy considerations. Authentication: Admissible evidence must be properly authenticated to ensure its integrity and authenticity. This may involve providing evidence of its origin, chain of custody, or verification by a qualified witness. Privilege: Certain communications are protected by legal privilege and may be excluded from evidence. Examples include attorney-client privilege, doctor-patient privilege, and spousal privilege. Privileged communications are generally considered inadmissible in court proceedings. Character Evidence: Evidence of a person's character or disposition is generally inadmissible to prove that the person acted in conformity with that character on a particular occasion. However, there are exceptions where character evidence may be relevant and admissible, such as in cases involving credibility or specific character traits relevant to the issues in dispute. Opinion Evidence: Admissibility of opinion evidence depends on various factors, including the qualifications of the witness, the basis for their opinion, and whether the opinion is relevant to the issues in dispute. Exclusionary Rules: In addition to specific rules governing admissibility, there are various exclusionary rules aimed at excluding evidence obtained improperly or unfairly, such as evidence obtained through unlawful searches or seizures or evidence obtained through coercion or duress. Disclosure and inspection. standard disclosure. Purpose: The purpose of standard disclosure is to ensure that each party has access to the relevant documents that are in the possession, custody, or control of the other party. This helps to ensure fairness and transparency in the litigation process. Form N265: Form N265 is a prescribed form used in the English legal system for standard disclosure. It requires parties to list and describe the documents they possess or control that are relevant to the case. The form provides specific fields for listing these documents, including their title, date, and a brief description of their relevance to the case. Documents Covered: Parties are required to disclose not only documents that support their own case but also those that are adverse to their case or supportive of the other party's case. This includes documents that may be damaging or unfavorable to their position. The aim is to ensure that all relevant information is available to both sides, promoting fairness and the proper administration of justice. Timeliness: Standard disclosure typically occurs after the parties have exchanged statements of case but before the trial. It is an ongoing obligation, meaning that if new documents become relevant after the initial disclosure, parties are obligated to disclose them promptly. Consequences of Non-Compliance: Failure to comply with the requirements of standard disclosure can have serious consequences, including adverse inferences being drawn by the court against the non-compliant party or even sanctions such as cost penalties. specific disclosure. There are instances where a party may find it necessary to seek the court's intervention regarding disclosure matters. Typically, this arises when they believe that the opposing party hasn't conducted their search as thoroughly as required by their duty. In such cases, the dissatisfied party should initially communicate their concerns in writing to the other party, outlining the reasons behind their belief that the search hasn't been exhaustive enough and suggesting actions to rectify the situation. Should the issue remain unresolved, the dissatisfied party has the right to apply to the court using Form N244, along with a supporting witness statement, seeking specific disclosure. If the court grants an order for specific disclosure, it may require the party against whom the order is directed to undertake one or more of the following actions: Disclose particular documents or categories of documents specified in the order. This occurs when the applying party has identified specific documents within the scope of required disclosure and seeks a court order for their disclosure. Conduct an additional search to ensure thoroughness. Disclose any documents uncovered as a result of the supplementary search. Upon receiving an order for specific disclosure, the concerned party is obligated to adhere to the stipulated timeframe outlined in the order for compliance. pre-action and non-party disclosure. pre-action disclosure. Purpose: The purpose of pre-action disclosure is to enable a party to obtain necessary information or documents from the other party before commencing formal legal proceedings. This helps in assessing the strength of the potential claim and can facilitate early settlement negotiations. N244 Form: The N244 form is a standard form used when making an application to the court for various purposes, including pre-action disclosure. It is submitted to the court along with supporting documents, such as a witness statement, outlining the reasons for the request for disclosure. Grounds for Application: The party seeking pre-action disclosure must demonstrate to the court that the documents or information sought are necessary for the fair resolution of the potential dispute. They must also show that the other party is likely to be in possession of such documents and that disclosure is proportionate to the issues involved. Content of Application: When completing the N244 form, the applicant must provide details about the nature of the potential claim, the specific documents or categories of documents they are seeking, and the reasons why they are needed. They must also specify any attempts made to obtain the documents informally from the other party. Service and Response: Once the N244 form and supporting documents are filed with the court, they must be served on the other party. The other party then has an opportunity to respond to the application, either by consenting to the disclosure or by opposing it and providing reasons for their objection. Court Decision: The court will consider the application, taking into account the grounds presented by both parties. If the court is satisfied that pre-action disclosure is justified and necessary for the fair resolution of the dispute, it may grant an order requiring the other party to disclose the requested documents. non-party disclosure. Purpose: The purpose of non-party disclosure is to enable a party involved in litigation to obtain relevant documents or information from individuals or entities who are not directly party to the legal proceedings but may possess crucial evidence. This helps ensure that all relevant information is available for a fair resolution of the dispute. N244 Form: The N244 form is a standard form used to make applications to the court for various purposes, including non-party disclosure. It is filled out by the party seeking disclosure and submitted to the court along with supporting documents, such as a witness statement, outlining the reasons for the request. Grounds for Application: The party seeking non-party disclosure must demonstrate to the court that the documents or information sought are relevant to the issues in the litigation and that they are not reasonably available from any of the parties involved. The applicant must also show that disclosure is necessary for the fair resolution of the dispute. Content of Application: When completing the N244 form, the applicant must provide details about the nature of the legal proceedings, the specific documents or categories of documents they are seeking, and the reasons why they are needed. They must also provide information about the non-party from whom disclosure is sought. Service and Response: Once the N244 form and supporting documents are filed with the court, they must be served on the non-party from whom disclosure is sought. The non-party then has an opportunity to respond to the application, either by consenting to the disclosure or by opposing it and providing reasons for their objection. Court Decision: The court will consider the application, taking into account the grounds presented by both parties. If the court is satisfied that non-party disclosure is justified and necessary for the fair resolution of the dispute, it may grant an order requiring the non-party to disclose the requested documents. electronic disclosure. Electronic disclosure, commonly referred to as e-disclosure, encompasses documents stored in electronic format, including those accessible from servers, computer systems, and hard drives. Given the vast quantity of electronic documents that could bear relevance to a claim, the Civil Procedure Rules (CPR) mandate parties to reach an agreement on how to limit the volume of electronic disclosure. This may involve measures such as defining specific keywords, agreeing on categories of documents for disclosure, and determining the manner in which the opposing party will review these documents. E-disclosure typically becomes more prevalent in multi-track claims involving commercial entities, where the volume of potentially relevant documents is substantial. During case management conferences, the court addresses the agreed-upon limitations or boundaries regarding e-disclosure. The court may issue an order specifying these limits or boundaries, if appropriate, or schedule a separate hearing if it deems that e-disclosure necessitates more thorough examination. Trial. summoning witnesses. Occasionally, one of the parties may harbor concerns regarding the attendance of a witness to provide evidence in court. In such instances, the concerned party has the option to petition the court for a witness summons. A witness summons must be delivered at least seven days before the court date. Failure by the witness to attend could result in a fine or even being held in contempt of court, particularly if the proceedings are taking place in the High Court, which denotes unfair interference with a court case. preparations for trial. purpose of pre-trial checklists and hearings. As part of the court's commitment to active case management, in fast track and multi-track trials, parties are mandated to complete and file a pre-trial checklist document. This document is submitted by all parties eight weeks prior to the trial date and furnishes the court with the following information: purpose of trial bundles. A trial bundle is a meticulously organized compilation of documents, indexed and paginated, containing all materials referenced by any party during trial proceedings. It's crucial to understand that there exists only one trial bundle for the entire case, encompassing all documents relied upon by each party involved. Typically, the contents of the bundle are mutually agreed upon by the parties and arranged chronologically, with older documents placed first and the latest documents at the bottom. Different categories of documents are often segregated for ease of reference. For instance, sections may include a chronology, skeleton arguments, witness statements for both the claimant and defendant, correspondence, and so forth. trial procedure. Opening speeches witnesses examination-in-chief cross-examination re-examination Closing speech Judgment the difference between leading and non-leading questions. Non-leading questions are inquiries that do not steer the witness toward a specific answer (for example, "What is your hobby?"). Leading questions, on the other hand, guide the witness toward a particular response (for instance, "You're a man, aren't you?"). Enforcement of money judgments. oral examination. The term 'oral examination' as mentioned in the SQE1 Assessment Specification is now considered outdated. It is currently identified in the CPR as an 'order to obtain information.' In essence, this process serves as a means for a claimant to assess the feasibility of pursuing enforcement action and to determine the most appropriate method of enforcement against a specific defendant. The procedure entails the claimant completing a notice of application along with the order, specifying the enforcement subject and the amount owed. Subsequently, the defendant is summoned to appear before the court to undergo questioning, under oath, by a court officer. The court officer will inquire about various aspects, including: The gathered information is then relayed to the claimant, who can then decide on the course of action to pursue. procedure and mechanisms for effecting valid enforcement in another jurisdiction. Enforcing judgments against defendants with assets in foreign countries adds complexity to the process. Different rules and procedures apply, requiring the claimant to ascertain the specific enforcement methods applicable in the relevant jurisdiction. SQE1 mandates understanding the fundamental procedure outlined in CPR 74 across various jurisdictions. This typically involves initially registering the judgment in the country where the defendant's assets are held, followed by utilizing local enforcement methods of that country. In subsequent sections, we will discuss procedures applicable in Scotland, Northern Ireland, Commonwealth countries, and the European Union. Commonwealth countries. Enforcing a judgment against a Commonwealth country is regulated either by the Administration of Justice Act 1920 (AJA 1920) for High Court judgments or by the Foreign Judgment (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) for County Court judgments. In order to be enforced in a Commonwealth country, the judgment must be: EU. Following the UK's departure from the EU, the claimant must register the judgment with the pertinent country and subsequently enforce it using one of the available methods specific to that jurisdiction.

Acing the SQE/Contract Law. Core principles of contract law. Contract terms. exemption clauses. Section 3 of the Unfair Contract Terms Act (UCTA) will apply and the exemption clause will be valid if reasonable (reasonableness test).

Acing the SQE/Tort Law. Core principles of tort. Negligence. claims for pure economic loss arising from either a negligent act or misstatement. Generally, a person is only liable for the direct physical harm caused by their negligence. However, in some circumstances, a person may be liable for pure economic loss arising from either a negligent act or misstatement. claims for psychiatric harm. The claimant must have a close tie of love and affection with the victim of the event and claims for pure psychiatric harm (i.e. harm not accompanied by physical injury), the claimant must be able to demonstrate that they fall within a recognized category of individuals who are owed a duty of care in such cases. Defences. contributory negligence. Contributory negligence is a legal principle that reduces the amount of damages that a claimant may be awarded if they have contributed to their own injury or loss through their own negligence. In other words, if the claimant's own actions or failure to act played a role in causing their injury or loss, the amount of damages that they may be awarded may be reduced to reflect their own fault. In order for contributory negligence to apply under English law, the claimant's negligence must actually contribute to the damage. Principles of vicarious liability. The "sufficiently close connection" test determines whether an employer can be held vicariously liable for the tortuous (wrongful) acts committed by its employees. The test is applied to establish whether there is a sufficient connection between the employment and the tort so that it is just and reasonable to impose liability on the employer. Nuisance. the rule in Rylands v Fletcher. This is a form of strict liability, in that the defendant may be liable in the absence of any negligent conduct on their part.

Acing the SQE/Legal System. The Legal System of England and Wales and Sources of law. The courts. Court hierarchy, the appeal system and jurisdiction. A defendant wishes to appeal against a decision of the magistrates' court on a point of law and such an appeal lies to the High Court (Queen's Bench Division). Primary legislation: the structure of an act of Parliament. Acts of Parliament or Statutes. 1. Public General Acts​ 2. Local Acts and Personal Acts Structure of an Act a.title​; b.year and chapter number​; c.purpose of the Act​; d.date of Royal Assent​; e.interpretation​ and ​commencement​ sections. Statutory interpretation. the literal rule. ordinary meaning (default) the golden rule. lead to absurdity the mischief rule. considers mischief intended to prevent the purposive approach. considers purpose behind the statute aids to statutory interpretation and construction. Intrinsic aids The features of an Act itself including Extrinsic ads

Acing the SQE/Public Law. =Introduction= Constitutional and Administrative law and EU law or Public Law in short is one of the subjects tested in SQE1. It covers four areas- the core institutions of the state including the parliament, the government, the Crown, and how they interrelate, legitimacy, separation of powers and the rule of law, Human Rights Act 1998 and the European Convention on Human Rights, and the place of EU law in the UK constitution. =Core institutions of the state and how they interrelate= parliament and parliamentary sovereignty. Parliament. The UK Parliament is the legislative branch of the UK government, composed of two houses: the House of Commons and the House of Lords. The House of Commons is made up of elected Members of Parliament (MPs) who represent constituencies across the UK, while the House of Lords is made up of appointed members, including life peers, hereditary peers, and bishops. parliamentary sovereignty. Parliamentary sovereignty is a key principle of the UK's constitutional system, which means that Parliament is the supreme legal authority in the country, and its laws cannot be overruled by any other body or institution. This principle is reflected in the fact that Parliament can pass any law it wishes, without being bound by previous laws or decisions, and that the courts are required to interpret and apply laws passed by Parliament. However, the concept of parliamentary sovereignty has been somewhat challenged in recent years, particularly with the UK's membership in the European Union and the incorporation of the European Convention on Human Rights into UK law. In addition, devolution has led to the creation of separate legislatures in Scotland, Wales, and Northern Ireland, which have their own powers to pass laws on certain matters. Nonetheless, the principle of parliamentary sovereignty remains a fundamental feature of the UK's constitutional system. central government and accountability. central government. The UK central government is responsible for making and implementing policies and laws that affect the entire country. It is composed of three branches: the executive, the legislative, and the judicial. The executive branch is headed by the Prime Minister, who leads the government and is responsible for making decisions on behalf of the country. The executive branch also includes the Cabinet, which is made up of senior ministers responsible for different areas of government. The legislative branch is composed of the House of Commons and the House of Lords, which are responsible for passing laws and scrutinizing the actions of the executive branch. The judiciary branch is responsible for interpreting and applying the law. accountability. Accountability is a key principle of the UK's constitutional system, and the central government is accountable to various bodies and institutions. The government is accountable to Parliament, which has the power to scrutinize government policies and decisions and hold the government to account. The government is also accountable to the electorate, who have the power to vote out the government in general elections. status of the devolved institutions and their relationship with Westminster. The devolved institutions in the UK are the Scottish Parliament, the Welsh Parliament (Senedd Cymru), and the Northern Ireland Assembly. These institutions have been granted powers to make decisions on certain matters that affect their respective nations, such as health, education, and the environment. Although the devolved institutions have their own legislative and executive powers, they are still ultimately accountable to the UK Parliament in Westminster. This means that the UK Parliament can legislate on any matter, including those that fall under the remit of the devolved institutions, and can override any decision made by the devolved institutions if it chooses to do so. There is also a system of intergovernmental relations between the UK government and the devolved administrations, where they work together to make decisions on matters that affect the whole of the UK. This is done through a series of formal and informal meetings, including the Joint Ministerial Committee (JMC), which brings together representatives from the UK government and the devolved administrations. Overall, the devolved institutions have a degree of autonomy in making decisions on certain matters, but they still remain accountable to the UK Parliament and must work with the UK government on matters that affect the whole of the UK. the monarch and the Crown. Crown immunity is a legal doctrine in the United Kingdom that holds that the Crown, or the monarch and the government, is immune from being sued or prosecuted in court without its express consent. This means that the Crown is exempt from the usual rules and laws that apply to ordinary citizens and organizations, and cannot be held legally accountable for its actions in the same way that individuals and businesses can be. Historically, crown immunity was based on the notion that the monarch was above the law and that the state could not be sued without its consent. However, in modern times, the concept has been modified to reflect the idea that the Crown is subject to the law but that it can only be sued or prosecuted with its consent. Crown immunity applies to a wide range of activities and functions carried out by the government, including the exercise of the royal prerogative, the actions of government officials, and the administration of justice. However, there are some exceptions to the doctrine, such as cases involving breaches of human rights or environmental law, where the Crown may be sued or prosecuted even without its consent. In recent years, there has been growing debate over the use of crown immunity and its impact on accountability and transparency in government. Some argue that the doctrine is outdated and should be abolished or limited, while others maintain that it is necessary to protect the interests of the state and maintain the separation of powers between the judiciary and the executive. the role of constitutional conventions. In the UK, constitutional conventions are unwritten rules and practices that are considered to be an important part of the country's constitutional framework. While they are not legally binding like statutes or case law, conventions are widely accepted as binding and are seen as essential to the functioning of the UK's political system. Constitutional conventions play a vital role in shaping and regulating the relationship between the different branches of government in the UK, and between the government and the people. They provide guidance on how power should be exercised and how the institutions of government should interact with each other. For example, conventions dictate that the monarch must act on the advice of the Prime Minister and not interfere in the day-to-day running of the government. They also dictate that the Prime Minister must have the confidence of the House of Commons in order to govern, and that Parliament must be dissolved and elections held at regular intervals. While conventions are not legally enforceable, they are often considered to be just as important as legal rules. They provide a framework for political behavior and help to ensure that the government operates within the boundaries of democratic norms and values. In some cases, conventions can become codified into law. For example, the Fixed-term Parliaments Act 2011 codified the convention that general elections should be held every five years, while the Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law. Overall, constitutional conventions play an important role in the UK's legal system by providing a framework for the exercise of power and ensuring that government operates within democratic norms and values. While they are not legally binding, they are widely accepted as essential to the proper functioning of the UK's political system. prerogative power: relationship with legislation and constitutional conventions. Prerogative powers are a set of residual powers that are vested in the Crown (i.e., the monarch) under UK law. These powers are based on historical prerogatives that were once exercised by the monarch, but are now exercised on their behalf by the government. Prerogative powers can be exercised without the need for parliamentary approval, and they cover a wide range of areas, including foreign affairs, national security, and the appointment of public officials. The relationship between prerogative powers, legislation, and constitutional conventions in UK law is complex. While prerogative powers can be exercised without the need for parliamentary approval, they are subject to legal and constitutional limitations. For example, the exercise of prerogative powers must be consistent with the UK's obligations under international law, and cannot be used to circumvent or undermine legislation passed by Parliament. In recent years, there has been debate over the extent to which prerogative powers can be exercised in relation to issues such as Brexit and the conduct of foreign policy. The UK Supreme Court has ruled that the exercise of prerogative powers can be subject to judicial review, and that the government must be able to justify its use of such powers on legal and constitutional grounds. Constitutional conventions also play a role in regulating the exercise of prerogative powers. While conventions are not legally binding, they are widely accepted as binding and provide guidance on how prerogative powers should be exercised. For example, the Salisbury Convention provides that the House of Lords should not reject government legislation that has been promised in the government's election manifesto. This convention influences how the government exercises its prerogative power to prorogue Parliament, as the government cannot use this power to prevent Parliament from carrying out its legislative function. In summary, prerogative powers in the UK are subject to legal and constitutional limitations, and their exercise is regulated by both legislation and constitutional conventions. While they provide the government with a degree of flexibility in certain areas, their use must be consistent with the UK's legal and constitutional framework. parliamentary privilege. Parliamentary privilege is a legal doctrine in UK law that grants certain legal immunities and freedoms to members of Parliament and the Houses of Parliament in order to allow them to carry out their duties without fear of outside interference or prosecution. It is a fundamental aspect of the UK's constitutional framework and is considered to be essential to the functioning of parliamentary democracy. There are two main types of parliamentary privilege: immunity from civil and criminal liability, and freedom of speech. Immunity from civil and criminal liability means that members of Parliament and the Houses of Parliament cannot be sued or prosecuted for anything said or done in the course of their parliamentary duties. This includes anything said during parliamentary debates, committee meetings, or votes, as well as any actions taken in the course of their parliamentary work. Freedom of speech means that members of Parliament are free to express their views and opinions without fear of being sued or prosecuted. This extends to anything said in Parliament, as well as anything said outside of Parliament that relates to parliamentary proceedings. Parliamentary privilege is considered to be an important protection for members of Parliament and the Houses of Parliament, as it allows them to carry out their duties without fear of outside interference or pressure. It is also seen as an essential aspect of democratic accountability, as it allows members of Parliament to speak freely and without fear of retribution. However, parliamentary privilege is not an absolute right and can be limited in certain circumstances. For example, it does not extend to anything said or done that is outside the scope of parliamentary duties, or that constitutes a criminal offence or a breach of privilege or contempt of Parliament. In addition, members of Parliament can still be held accountable for their actions under the law, even if they are immune from prosecution for parliamentary proceedings. Overall, parliamentary privilege is a key aspect of the UK's constitutional framework, providing important protections for members of Parliament and the Houses of Parliament while also upholding democratic accountability and free speech. =Legitimacy, separation of powers and the rule of law= Legitimacy, separation of powers, and the rule of law are all fundamental principles of English constitutional law. Legitimacy refers to the concept that a government or system of government has the authority and consent of the people it governs. In English constitutional law, legitimacy is derived from the principle of parliamentary sovereignty, which states that ultimate power and authority rests with Parliament, as the elected representatives of the people. Separation of powers refers to the division of government into separate branches with distinct functions and responsibilities, in order to prevent any one branch from becoming too powerful. In English constitutional law, the separation of powers is not strictly observed, as the executive and legislative branches are intertwined, with the Prime Minister and Cabinet holding significant power in both areas. However, the judiciary is largely independent and separate from the other two branches, ensuring a degree of balance and accountability. The rule of law refers to the principle that everyone, including the government, is subject to the law, and that no one is above the law. In English constitutional law, the rule of law is closely linked to the principle of parliamentary sovereignty, as laws are made by Parliament and enforced by the courts. The rule of law also ensures that the exercise of government power is subject to legal and constitutional limitations, preventing the abuse of power and upholding individual rights and freedoms. Together, these principles form the foundation of English constitutional law, providing a framework for democratic governance, protecting individual liberties, and ensuring that those in power are held accountable to the people they serve. powers and procedures for the enactment, implementation and repeal of primary and secondary legislation. In English constitutional law, legislation can be divided into two categories: primary legislation and secondary legislation. Primary legislation is law made by Parliament and takes the form of Acts of Parliament, while secondary legislation is law made by government ministers or other bodies under the authority of Acts of Parliament. The powers and procedures for the enactment, implementation, and repeal of primary legislation are as follows: Enactment: Primary legislation is enacted by Parliament through a process of several stages, including: First reading: The proposed bill is presented to the House of Commons or House of Lords. Second reading: The bill is debated and voted on. Committee stage: The bill is examined in detail by a committee of MPs or Lords. Report stage: The bill is debated and voted on again. Third reading: The final version of the bill is debated and voted on. Royal Assent: The bill becomes an Act of Parliament once it is signed by the monarch. Implementation: Once a bill has become an Act of Parliament, it is up to the government to implement and enforce it. This may involve creating new regulations, policies, or procedures, as well as allocating resources and funding to ensure that the new law is enforced. Repeal: Primary legislation can be repealed or amended by Parliament through a similar process to that used for enactment. A new bill is introduced to Parliament, debated, and voted on, and if passed, becomes an Act of Parliament that supersedes the previous law. The powers and procedures for the enactment, implementation, and repeal of secondary legislation are as follows: Enactment: Secondary legislation is made by government ministers or other bodies under the authority of Acts of Parliament. The powers and procedures for making secondary legislation vary depending on the type of legislation being made, but generally involve a process of consultation, drafting, and approval. Implementation: Once secondary legislation has been made, it is implemented by the relevant government departments or agencies. This may involve creating new policies, procedures, or guidance documents to ensure that the new law is enforced. Repeal: Secondary legislation can be repealed or amended by the same body that made it. This may involve a process of consultation, drafting, and approval, similar to that used for enactment. In both cases, the process of enacting, implementing, and repealing legislation is designed to ensure that laws are made democratically, implemented effectively, and can be amended or repealed when necessary to reflect changing circumstances or priorities. Public Order law. Processions. Processions under the Public Order Act 1986 are defined as a march or procession of two or more people which takes place on a road, public highway or open public space. A procession may be organised in order to express one's views or display one's support for a cause or to commemorate a particular event. The police can impose conditions on processions, such as the route, the number of people taking part and the length of time it will take place. The police must be informed in advance of any procession taking place and have the power to impose conditions to ensure that it does not disrupt public order. Assemblies. Assemblies under the Public Order Act 1986 are gatherings of two or more people taking place in a public place or on highways, who are conducting themselves in such a way as to cause harassment, alarm or distress to other people in the vicinity. This includes, but is not limited to, carrying offensive weapons, threatening behaviour, or displaying threatening banners or flags. judicial review. Judicial review (JR) is the process by which a court reviews the lawfulness of executive or administrative action. the nature, process and limits of judicial review. nature Ultra vires: a decision of a public authority can only be set aside if it exceeds the powers granted to it by Parliament. process Standing: Sufficient interest test limit Courts cannot review primary legislation (Acts of Parliament) due to the doctrine of parliamentary sovereignty and only review the decisions of public bodies and secondary (delegated) legislation. supervisory nature. JR is a form of supervisory jurisdiction, which means that the courts exercise oversight to ensure that public bodies and other entities comply with the law. time limits. The time limit for making a claim is three months from the date on which the grounds for the claim arose. grounds. illegality. Illegality is one of the grounds for judicial review. Illegality as a ground for judicial review means that the decision being challenged must be in breach of a legal rule or provision. If a public authority has acted in a manner that is illegal, then the courts can intervene and declare the decision to be invalid. Some examples of illegality are: irrationality. Irrationality, also known as "Wednesbury unreasonableness," is a ground for judicial review. The principle of irrationality as a ground for judicial review holds that a decision made by a public authority must be reasonable, meaning that it must be based on rational considerations and not be arbitrary, capricious, or fanciful. If a decision is found to be irrational, it may be set aside by a court, even if the decision was technically within the power of the public authority to make. procedural impropriety. Procedural impropriety, also known as a breach of natural justice, is a ground for judicial review. The principle of procedural impropriety holds that a public authority must follow fair and impartial procedures when making decisions that affect the rights and interests of individuals. legitimate expectation. The principle of legitimate expectation is a ground for judicial review. Legitimate expectation is a principle of administrative law that requires public authorities to act in accordance with representations that they have made to individuals or groups. =Human Rights Act 1998 and the European Convention on Human Rights= ss.2, 3, 4, 6, 7, 8, 10 Human Rights Act 1998. Sec 2 Interpretation of Convention rights. (1) A court or tribunal determining a question, which has arisen in connection with a Convention right, "must take into account" any (a) Judgment, decision, declaration or advisory opinion of the European Court of Human Rights Sec 3 HRA Interpretation of legislation. (1) So far as it is "possible to do so", primary legislation and subordinate legislation must be read and given effect in a way, which is compatible with the Convention rights Sec 4 Declaration of incompatibility. (2) If the court is satisfied that the [legislative] provision is incompatible with a Convention right, it "may make a declaration of that incompatibility". (6) A declaration under this section ... (a) Does not "affect the validity, continuing operation or enforcement of the provision" in respect of which it is given; and (b) Is "not binding on the parties" to the proceedings in which it is made. Sec 6 Acts of public authorities. (1) It is unlawful for a public authority to act in a way, which is incompatible with a Convention right. (3) In this section “public authority” includes— (a) A court or tribunal, (under a duty to act in human right compatibility manner) and (b) Any person certain of whose functions are functions of a public nature... (b) if the nature of the act is private. Sec 7 Proceedings. (1) A person who claims that a public authority has acted …in a way which is made unlawful … may …rely on the Convention right or rights concerned in any legal proceedings, but only if he [or she] is (or would be) a "victim" of the unlawful act. Sec 8 Judicial remedies. In relation to any act .. a public authority, which the court finds is .., it may grant such relief or remedy, or make such order, within its powers, as it considers just and appropriate. Sec 10 Power to take remedial action. ...if.. provision of legislation has been declared under section 4 to be incompatible with a Convention right... Schedule 1 HRA 1998 the "Convention Rights". =The place of EU law in the UK constitution= Sources of retained EU law. Retained EU law refers to the body of EU law that has been incorporated into UK law following the UK's withdrawal from the EU. There are several sources of retained EU law in English law, including: The European Communities Act 1972 (ECA): This was the primary source of EU law in the UK prior to Brexit. The ECA has now been repealed, but it has been replaced by the European Union (Withdrawal) Act 2018, which ensures that existing EU law continues to apply in the UK. EU regulations: These are directly applicable in the UK and have been incorporated into UK law through the European Union (Withdrawal) Act 2018. EU directives: These are binding on member states but require implementation into national law. Any EU directives that were implemented into UK law prior to Brexit are now part of retained EU law. Decisions of the European Court of Justice (ECJ): The decisions of the ECJ are part of EU law and have been incorporated into UK law through the European Union (Withdrawal) Act 2018. However, UK courts are no longer bound by decisions of the ECJ. Treaties: Any treaties between the UK and the EU that were in force prior to Brexit are now part of retained EU law. Overall, the sources of retained EU law in English law are varied, but they all form part of the body of EU law that has been incorporated into UK law following Brexit. Categories/status/interpretation of retained EU law. Categories. Retained EU law refers to the body of EU law that has been incorporated into UK law following the UK's withdrawal from the EU. There are three categories of retained EU law in English law: EU-derived domestic legislation: This includes any legislation that was made in the UK to implement EU law before Brexit, and which has been retained as part of UK law after Brexit. For example, the Working Time Regulations 1998, which were introduced in the UK to implement the EU Working Time Directive, are now part of retained EU law. Direct EU legislation: This includes any EU regulations that were directly applicable in the UK before Brexit and have been retained as part of UK law after Brexit. EU regulations are immediately enforceable in the UK without the need for further implementation, so they form a direct part of UK law. For example, the General Data Protection Regulation (GDPR) is an EU regulation that was directly applicable in the UK before Brexit and has been retained as part of UK law. Rights and principles: This category includes any rights and principles that were established by EU law and which have been incorporated into UK law after Brexit. For example, the principle of non-discrimination on the grounds of nationality, which is a fundamental principle of EU law, has been retained as part of UK law. Overall, the categories of retained EU law in English law are designed to ensure that the body of EU law that was in force before Brexit continues to apply in the UK, and that individuals and businesses are able to continue to rely on the rights and obligations that were established under EU law. Status. Retained EU law refers to the body of EU law that has been incorporated into UK law following the UK's withdrawal from the EU. The status of retained EU law in English law is as follows: Retained EU law has the same status as any other domestic law in the UK: This means that it is binding on UK courts and must be applied in accordance with UK legal principles. Retained EU law is subject to amendment or repeal by the UK parliament: The European Union (Withdrawal) Act 2018 provides that retained EU law may be amended or repealed by the UK parliament in the same way as any other domestic law. UK courts may depart from retained EU law in certain circumstances: Although retained EU law has the same status as any other domestic law, UK courts are not bound by decisions of the European Court of Justice (ECJ) that were made after Brexit. This means that UK courts may depart from retained EU law if they consider it appropriate to do so. The principles of EU law continue to apply in the UK: The European Union (Withdrawal) Act 2018 provides that retained EU law should be interpreted in a way that is consistent with the aims and principles of the EU, as well as with the decisions of the ECJ that were made before Brexit. This means that the principles of EU law, such as the principle of non-discrimination on the grounds of nationality, continue to apply in the UK. Overall, the status of retained EU law in English law is designed to ensure that the body of EU law that was in force before Brexit continues to apply in the UK, while recognizing that the UK is no longer bound by EU law and is free to depart from it where appropriate. Interpretation. The interpretation of retained EU law in English law is governed by the European Union (Withdrawal) Act 2018, which sets out the rules for how retained EU law should be applied and interpreted in the UK after Brexit. The Act provides that retained EU law should be interpreted in a way that is consistent with the aims and principles of the EU, as well as with the decisions of the European Court of Justice (ECJ) that were made before Brexit. However, UK courts are no longer bound by ECJ decisions and are free to depart from them if they choose to do so. The Act also provides that UK courts may have regard to relevant decisions of the ECJ that are made after Brexit, but only if they consider it appropriate to do so. This means that UK courts are not required to follow decisions of the ECJ that are made after Brexit, but may choose to take them into account if they are relevant to the case at hand. In addition, the Act provides that retained EU law should be interpreted in accordance with any relevant retained case law, which includes any case law of the ECJ that was applicable to the UK before Brexit. This means that UK courts are required to apply existing case law in interpreting retained EU law, as long as it is relevant to the case at hand. Overall, the interpretation of retained EU law in English law is designed to ensure that the body of EU law that was in force before Brexit continues to be applied in a consistent and coherent manner, while also recognizing that the UK is no longer bound by EU law and is free to depart from it where appropriate. Modification/withdrawal of retained EU law. Modification. Retained EU law refers to the body of EU law that was incorporated into UK law after the UK's withdrawal from the European Union. The European Union (Withdrawal) Act 2018 (EUWA) provided for the incorporation of EU law into UK law, to ensure continuity and legal certainty after Brexit. However, since the EU is no longer a part of UK law, changes may need to be made to the retained EU law to ensure that it continues to function effectively in the UK legal system. This includes making modifications to reflect changes in circumstances or to correct any deficiencies that may arise. The UK government has the power to modify retained EU law through the use of statutory instruments. These instruments allow the government to make changes to the law without the need for primary legislation. However, any modifications must be compatible with the principles of EU law, and must not reduce the level of protection provided by the original EU law. The process of modifying retained EU law is ongoing, and will continue as new issues arise and as the UK's relationship with the EU evolves. The aim is to ensure that retained EU law continues to operate effectively and provides the necessary legal protections for individuals and businesses in the UK. Withdrawal. The withdrawal of retained EU law from English law refers to the process of removing EU law that was incorporated into UK law following the UK's withdrawal from the European Union. This process may occur for a variety of reasons, such as changes in policy, legal inconsistencies or incompatibilities, or as a result of changes in the UK's relationship with the EU. The European Union (Withdrawal) Act 2018 (EUWA) provided for the incorporation of EU law into UK law, to ensure continuity and legal certainty after Brexit. However, the Act also gave the UK government the power to repeal or amend retained EU law through the use of statutory instruments. The process of withdrawing retained EU law may involve repealing entire pieces of legislation or specific provisions within them. The government may also make modifications to retained EU law to remove any references to the EU or EU institutions, or to replace EU institutions with UK equivalents. It is important to note that any withdrawal of retained EU law must be done in a way that does not undermine the legal protections provided by EU law or reduce the level of protection provided to individuals and businesses in the UK. The government must ensure that any changes made to retained EU law are compatible with the principles of EU law and do not conflict with any international obligations or agreements. Overall, the withdrawal of retained EU law is a complex and ongoing process that will continue to evolve as the UK's relationship with the EU changes and as new legal issues arise. Parliamentary sovereignty and retained EU law. Parliamentary sovereignty is a fundamental principle of the UK constitution that holds that the ultimate power to make and amend laws rests with Parliament, and that no other body, including the courts, can override or challenge the laws made by Parliament. In other words, Parliament has the power to make, amend, and repeal any law, and no other body can question or overrule its decisions. Retained EU law refers to the body of EU law that was incorporated into UK law when the UK left the European Union on January 31, 2020. Under the European Union (Withdrawal) Act 2018, EU law was transposed into UK law at the moment of Brexit and became part of the UK's legal system. This means that the UK continues to be bound by EU law in certain areas, such as employment law, environmental law, and consumer protection law, unless or until Parliament decides to amend or repeal it. Parliamentary sovereignty and retained EU law are closely linked because, under the principle of parliamentary sovereignty, Parliament has the power to make, amend, and repeal any law, including retained EU law. This means that Parliament can decide to retain or modify any aspect of EU law that has been incorporated into UK law, and can ultimately decide whether or not to continue to be bound by EU law in any given area. However, the relationship between parliamentary sovereignty and retained EU law is complex and raises questions about the limits of parliamentary power. On the one hand, Parliament has the power to amend or repeal retained EU law, but on the other hand, the incorporation of EU law into UK law means that some aspects of EU law have become deeply embedded in the UK's legal system, and may be difficult or politically contentious to remove. In practice, the relationship between parliamentary sovereignty and retained EU law is likely to continue to evolve over time, as Parliament grapples with the practical and legal implications of Brexit, and seeks to balance the need for flexibility and autonomy with the need for legal and regulatory coherence.

Acing the SQE/Legal Services. =Chapters= The regulatory role of the SRA. principles and risk-based regulation. reserved legal activities. Reserved legal activities can only be carried out by those authorised by an approved regulator. The approved regulators are: overriding legal obligations. The Equality Act 2010. The following characteristics are protected under the Equality Act: The Act outlaws certain forms of discrimination including: money laundering. purpose and scope of anti-money laundering legislation including the international context There are three legislation of anti-money laundering. circumstances encountered in the course of practice where suspicion of money laundering should be reported in accordance with the legislation Disclosure to a constable, customs officer or nominated officer "MLRO) that property is criminal property It is made before the prohibited act (MLO makes a suspcious activity report ("SAR") to National Crime Agency ("NCA"), or National Crime Agency direct involvement and non-direct involvement offences, and defences to those offences under Proceeds of Crime Act 2002 1. Concealing 2. Arranging 3. Acquiring Failure to Disclose Failure to Disclose - Nominated Officer (regulated sector) Failure to Disclose - Nominated Officer (Outside regulated sector) Prejudicing an investigation/Tampering with Relevant Document Defences under PoCA 2002 Defences to Direct Invovlement Crimes - Authorised Disclosure - Reasonable Excuse - Appropriate Consent - Adequate Consideration Defences to non-direct involvement crimes Failure to disclose - Reasonable excuse - Privileged circumstances - No training - Disclosing a suspicious activity report - Disclosing an investigation - Disclosures within undertaking or Grou[ - Disclosure between undertakings - Disclosure to your supervisory authority - Dissuading illegal conduct Defences to Prejudicing an investigation/Tampering with Relevant Document - No Knowledge/Suspicion - Professional legal Adviser due diligence requirements Under the MLR 2017 you are required to: identify your client and verify their identity on the basis of a reliable independent source (such as a passport) where applicable, identify the beneficial owners of the client, take reasonable measures to verify their identity so you know who they are and, if the beneficial owner is an entity or legal arrangement, take reasonable measures to understand its ownership and control structure assess and where appropriate obtain information on the purpose and intended nature of the business relationship or transaction and identify and verify the identity of a person who purports to act on behalf of a client and verify that they are authorised to act on behalf of the client Funding options for legal services. private retainer. As known as private funding, the client pays for the work done based on the solicitor's hourly charging rate. conditional fee arrangements. If client wins the solicitor receives an enhanced fee calculated as a percentage of the solicitor's usual charging rate. If the client loses the solicitor receives a lower fee or no fee. damages based agreements. If the client wins the solicitor receives a percentage of the damages received. If the client loses the solicitor receives no fee. eligibility for criminal and civil legal aid. The legal aid scheme enables those who qualify to have their legal fees paid from public funds. third party funding. A third party (usually a commercial funder) agrees to fund the litigation. legal expenses insurance. Legal expenses insurance (LEI) is a type of insurance policy that provides coverage for the cost of legal expenses incurred in relation to a specific legal dispute or event. In England and Wales, legal expenses insurance is commonly offered as an optional add-on to other insurance policies, such as home insurance or motor insurance.

Acing the SQE/Property Practice. =Core knowledge areas of freehold real estate law and practice= Investigation of a registered and unregistered freehold title:. Freehold property transactions in English property practice typically involve the sale or purchase of a property that is owned outright by the seller or buyer, without any leasehold or other ownership interests attached. The key elements of a freehold property transaction typically include: 1. Offer and acceptance: The buyer makes an offer to purchase the property, and the seller accepts the offer. 2. Conveyancing: Once the offer is accepted, conveyancing takes place, which involves transferring the legal title of the property from the seller to the buyer. This typically involves drafting and exchanging contracts, and conducting searches to check for any legal issues or defects with the property. 3. Completion: The transaction is completed when the buyer pays the purchase price and takes possession of the property, and the seller transfers legal ownership to the buyer. key elements and structure of freehold property transactions. The structure of a freehold property transaction typically involves the following steps: 1. Pre-contract stage: The buyer and seller negotiate the terms of the sale, including the purchase price, any conditions attached to the sale, and any other relevant details. 2. Exchange of contracts: Once the terms are agreed, the buyer and seller exchange contracts. This legally binds both parties to the transaction and sets out the terms of the sale. 3. Pre-completion stage: Between exchange and completion, the conveyancing process takes place, including any necessary searches and other due diligence. 4. Completion: On the completion date, the buyer pays the purchase price and takes possession of the property, and the seller transfers legal ownership to the buyer. 5. Post-completion stage: After completion, the buyer registers their ownership of the property with the Land Registry and pays any outstanding fees or taxes associated with the purchase. Throughout the transaction, various legal documents will be drafted and exchanged between the parties, including contracts, deeds, and other relevant documents. It is important to have a qualified solicitor or conveyancer to guide you through the process and ensure that everything is done correctly and legally. process of analysing Land Registry official copy entries. The process of analyzing Land Registry official copy entries is an important step in any property transaction in England. Official copy entries refer to the legal documents held by the Land Registry that provide details about a specific property, such as ownership, boundaries, and any restrictions or charges on the property. The following are the key elements and structure of the analysis process: 1. Identify the property: The first step is to identify the property by obtaining the unique title number or address of the property. 2. Obtain official copy entries: The next step is to obtain official copy entries from the Land Registry. This can be done online by using the Land Registry's online portal or by submitting a request by post. 3. Analyze the title register: The title register provides details about the property, such as ownership, description, rights of way, and any restrictions on the property. It is important to analyze the title register to ensure that the seller has the legal right to sell the property and that there are no restrictions that may affect the buyer's use of the property. 4. Analyze the title plan: The title plan provides a visual representation of the property and its boundaries. It is important to analyze the title plan to ensure that the property boundaries are accurate and that there are no encroachments or boundary disputes. 5. Analyze any charges or restrictions: The official copy entries may also contain details about any charges or restrictions on the property, such as mortgages or easements. It is important to analyze these charges or restrictions to ensure that they are acceptable to the buyer and that they do not negatively impact the value or use of the property. 6. Raise any queries or concerns: If any issues are identified during the analysis process, such as discrepancies in the title register or title plan, or concerns about charges or restrictions on the property, these should be raised with the seller's solicitor to seek clarification or resolution. Overall, the process of analyzing Land Registry official copy entries is a critical step in any property transaction in England, as it ensures that the buyer is fully informed about the property and any potential issues or risks before making a purchase. process of analysing an epitome of title and deducing ownership. An epitome of title is a document that provides a summary of the title deeds for a particular property. The process of analyzing an epitome of title and deducing ownership in English property practice involves several steps, including: 1. Obtaining the epitome of title: The first step is to obtain a copy of the epitome of title from the seller or their solicitor. The epitome of title should include all relevant documents, such as conveyances, leases, and other legal documents, that relate to the property. 2. Reviewing the documents: The next step is to review the documents in the epitome of title in detail. This will involve examining each document to ensure that it is valid and that it relates to the property in question. The documents should also be checked for any restrictions or limitations that may affect ownership. 3. Checking for encumbrances: It is also important to check the epitome of title for any encumbrances, such as mortgages or other debts secured against the property. These will need to be paid off or discharged before ownership can be transferred. 4. Examining the chain of title: The chain of title is a record of all the previous owners of the property. It is important to examine the chain of title to ensure that the current owner has a valid and legal claim to the property. This will involve tracing the ownership of the property back through all previous owners, checking for any gaps or inconsistencies in the chain of title. 5. Checking for covenants and easements: The epitome of title should also be checked for any covenants or easements that affect the property. These are legal agreements that may restrict the use of the property or grant rights to others, such as access to a shared driveway. 6. Obtaining legal advice: Finally, it is important to obtain legal advice from a solicitor or conveyancer. They will be able to review the epitome of title and advise on any issues that may affect ownership of the property. By following these steps, it is possible to analyze an epitome of title and deduce ownership in English property practice. This will help to ensure that the transfer of ownership is legal and valid, and that the new owner has clear title to the property. issues that could arise from an investigation of title and further action required. When conducting an investigation of title in English real estate law and practice, several issues can arise that may require further action to address. Investigating title is a crucial step in the property transaction process to ensure that the seller has the legal right to sell the property and that there are no outstanding legal issues that may affect the property's ownership or value. Here are some common issues that may arise during a title investigation and the further actions required: Ownership Disputes: Issue: If there is a dispute over ownership of the property, it can create uncertainty about the seller's right to convey clear title. Further Action: Resolve the ownership dispute through negotiation, mediation, or legal action if necessary. The title cannot be conveyed until ownership is established. Encumbrances and Easements: Issue: The property may be subject to encumbrances or easements, such as rights of way or restrictions on land use, which can affect its value and use. Further Action: Review the terms of any encumbrances or easements to determine their impact on the property. Negotiate modifications or seek legal advice if necessary. Mortgages and Liens: Issue: Outstanding mortgages or liens on the property can affect the seller's ability to transfer clear title. Further Action: Pay off or release any outstanding mortgages or liens before the property can be sold. This often involves coordinating with lenders and creditors. Boundary Disputes: Issue: Disagreements over property boundaries or encroachments from neighboring properties can affect the property's legal description. Further Action: Resolve boundary disputes through surveys, negotiations, or legal proceedings if needed. Accurately define the property's boundaries in the title. Planning and Zoning Issues: Issue: Violations of zoning laws, planning restrictions, or building regulations can lead to legal complications. Further Action: Address any non-compliance issues, seek planning permissions or variances if necessary, and ensure that the property conforms to local regulations. Unregistered Land: Issue: In some cases, land may not be registered with the Land Registry, which can make it more challenging to establish ownership. Further Action: Apply for first registration of the land with the Land Registry to obtain a registered title, which provides legal proof of ownership. Missing or Incomplete Documentation: Issue: If important title deeds or documents are missing or incomplete, it can create uncertainty about the property's history and ownership. Further Action: Attempt to locate missing documents or obtain indemnity insurance to cover potential issues arising from missing or incomplete documentation. Outstanding Planning Obligations: Issue: Unfulfilled planning obligations, such as the construction of infrastructure or affordable housing, can affect the property's title. Further Action: Comply with outstanding planning obligations, negotiate modifications, or seek legal advice to resolve disputes. Environmental Contamination: Issue: Environmental contamination on the property may affect its use and value and can lead to potential liability. Further Action: Conduct environmental assessments and remediation if necessary. Comply with environmental regulations and disclose any contamination to potential buyers. Rights of First Refusal or Pre-Emption: Issue: Existing agreements granting third parties the right of first refusal or pre-emption can affect the sale process. Further Action: Comply with the terms of such agreements and offer the property to the entitled parties before proceeding with a sale to others. Addressing these issues that may arise during an investigation of title is essential to ensure a smooth and legally sound real estate transaction in England. Legal advice and assistance from professionals, including solicitors and surveyors, are often required to navigate these complexities effectively. Remedies for delayed completion:. rescission.. =Core knowledge areas of leasehold real estate law and practice= Structure and content of a lease. repair. Issues with the property may arise during a lease that require repairs. In these cases, the tenant has certain rights and responsibilities under the lease to ensure that the repairs are carried out. The lease will typically specify who is responsible for carrying out repairs and what types of repairs are covered. In some cases, the landlord may be responsible for all repairs, while in others the tenant may be responsible for certain repairs, such as minor maintenance and upkeep. If repairs are needed, the tenant should inform the landlord in writing as soon as possible. The landlord must then respond promptly and arrange for the necessary repairs to be carried out. If the landlord fails to do so, the tenant may be entitled to carry out the repairs themselves and deduct the cost from the rent, or seek compensation through legal action. Alternatively, the lease may provide for a specific procedure for dealing with repairs, such as requiring the tenant to report any issues to a designated maintenance company or property manager. It is important for both landlords and tenants to understand their rights and obligations with regard to repairs under a lease, as failure to comply with these requirements can result in disputes and legal action. insurance. In English leasehold real estate law and practice, insurance is an important aspect of a lease agreement between a landlord and a tenant. It is designed to protect both parties in the event of damage or loss to the property or its contents. Typically, the lease will specify the type of insurance coverage required and who is responsible for obtaining and maintaining the policy. The landlord is usually responsible for insuring the building itself, while the tenant is responsible for insuring their own contents and personal belongings. The insurance policy should provide coverage for a range of risks, such as fire, flood, theft, and damage caused by natural disasters. The policy should also include liability coverage, which protects both the landlord and tenant from claims arising from accidents or injuries that occur on the property. In some cases, the lease may require the tenant to provide proof of insurance coverage before they can occupy the property. Failure to maintain adequate insurance coverage can result in the lease being terminated or legal action being taken against the tenant. It is important for both landlords and tenants to understand their insurance obligations under the lease and to ensure that they are adequately protected. This may involve consulting with an insurance agent or broker to obtain the appropriate coverage for their specific needs. alterations. In English leasehold real estate law and practice, alterations refer to any changes or modifications made to the property by the tenant during the term of the lease. This can include anything from minor repairs or cosmetic changes to more significant alterations or renovations. Before making any alterations to the property, the tenant must obtain the landlord's written consent. The lease will typically specify the procedure for obtaining consent and may require the tenant to provide detailed plans or specifications of the proposed changes. The landlord may grant consent subject to certain conditions, such as requiring the tenant to obtain necessary permits or approvals from local authorities, or to use only licensed contractors for the work. The landlord may also require the tenant to remove any alterations at the end of the lease term or to restore the property to its original condition. In some cases, the lease may prohibit certain types of alterations altogether, such as structural changes or changes that could affect the safety or integrity of the building. It is important for both landlords and tenants to understand their rights and obligations with regard to alterations under a lease, as failure to comply with these requirements can result in disputes and legal action. The lease should provide clear guidelines and procedures for obtaining consent, and both parties should keep detailed records of any changes made to the property. user and planning. In English leasehold real estate law and practice, user and planning refer to the permitted use of the property and compliance with planning regulations. The lease will typically specify the permitted use of the property, which may include restrictions on the type of business or activity that can be conducted on the premises. The tenant must ensure that they use the property only for the purposes specified in the lease and must obtain the landlord's written consent before using the property for any other purposes. If the tenant wishes to use the property for a different purpose, they may need to apply for planning permission from the local planning authority. Planning permission may also be required for any alterations or additions to the property. The landlord may require the tenant to comply with all planning regulations and to obtain any necessary permits or approvals before making any changes to the property. Failure to comply with planning regulations can result in legal action, fines, or the requirement to remove any unauthorized changes or additions. It is important for both landlords and tenants to understand their rights and obligations with regard to user and planning under a lease. The lease should provide clear guidelines and procedures for obtaining consent and complying with planning regulations, and both parties should keep detailed records of any changes or applications made to the property. rent and rent review. Rent. Rent refers to the amount of money that the tenant pays to the landlord for the right to occupy the property. The lease will specify the amount of rent, the frequency of payments, and any penalties for late payment. Rent review. Rent review is the process by which the rent is adjusted at regular intervals during the term of the lease. The lease will typically specify the frequency of rent reviews and the method for calculating any changes to the rent. There are several different methods for calculating rent review, including: 1. Indexation: The rent is adjusted based on changes in a specified index, such as the Retail Price Index (RPI). 2. Market rent: The rent is adjusted to reflect changes in the market rental value of the property. 3. Fixed increase: The rent is increased by a fixed percentage or amount at each rent review. The lease may also include provisions for rent concessions, such as rent-free periods or reduced rent for a certain period of time. It is important for both landlords and tenants to understand their rights and obligations with regard to rent and rent review under a lease. The lease should provide clear guidelines and procedures for rent payments and rent reviews, and both parties should keep detailed records of all payments and rent reviews. Any disputes regarding rent or rent review can be resolved through negotiation, mediation, or legal action. alienation. Alienation refers to the transfer of the tenant's interest in the property to another person, such as a sublease or assignment. The lease will typically specify the conditions and procedures for alienation, including the landlord's consent, the payment of any fees or charges, and the terms and conditions of any sublease or assignment. Sublease. Subleasing refers to the tenant's ability to lease all or part of the property to another person for a certain period of time. The lease may require the tenant to obtain the landlord's written consent before subleasing the property, and the sublease will typically be subject to the same terms and conditions as the original lease. Assignment. Assignment refers to the transfer of the tenant's interest in the property to another person for the remainder of the lease term. The lease may require the tenant to obtain the landlord's written consent before assigning the property, and the assignment will typically be subject to the same terms and conditions as the original lease. The lease may also specify restrictions on alienation, such as prohibiting subleasing or assignment without the landlord's consent, or requiring the new tenant to meet certain qualifications or criteria. It is important for both landlords and tenants to understand their rights and obligations with regard to alienation under a lease. The lease should provide clear guidelines and procedures for obtaining consent and complying with any restrictions or conditions on alienation. Any disputes regarding alienation can be resolved through negotiation, mediation, or legal action. options for the term of a lease. In English leasehold real estate law and practice, there are different options for the term of a lease, which refer to the length of time for which the tenant has the right to occupy the property. 1. Fixed Term: A fixed-term lease specifies a certain period of time during which the tenant has the right to occupy the property, typically for a period of years. At the end of the fixed term, the lease may expire or be renewed. 2. Periodic Term: A periodic lease does not specify a fixed term, but instead continues from one period to the next, such as a month-to-month lease or a year-to-year lease. The lease may be terminated by either the landlord or the tenant by giving notice. 3. Break Clause: A break clause is a provision in the lease that allows either the landlord or the tenant to terminate the lease before the end of the fixed term, subject to certain conditions and notice periods. The lease may also include provisions for renewal, such as the tenant's right to renew the lease at the end of the fixed term, or the landlord's right to offer a new lease on different terms. It is important for both landlords and tenants to understand their rights and obligations with regard to the term of the lease. The lease should provide clear guidelines and procedures for renewals, notice periods, and termination. Any disputes regarding the term of the lease can be resolved through negotiation, mediation, or legal action. Code for Leasing Business Premises. The Code for Leasing Business Premises in England and Wales is a voluntary code of practice that sets out standards for commercial leases in England and Wales. The code was developed by a group of industry bodies, including the British Property Federation and the Royal Institution of Chartered Surveyors, and is supported by the UK government. The code aims to promote fairness and transparency in commercial leasing by setting out best practices for landlords and tenants to follow. It covers a range of issues related to commercial leases, including lease negotiations, lease terms, and dispute resolution. Some of the key principles of the code include: 1. Communication: Both parties should communicate openly and honestly throughout the leasing process, and should seek to establish a good working relationship. 2. Lease negotiations: The lease negotiations should be conducted in a timely and professional manner, and both parties should seek to achieve a fair and balanced outcome. 3. Lease terms: The lease should be drafted in clear and concise language, and should set out the rights and obligations of both parties in a balanced and proportionate manner. 4. Rent and rent reviews: The rent and rent review provisions should be fair and transparent, and any rent increases should be based on a clear methodology. 5. Dispute resolution: The lease should include provisions for resolving disputes in a timely and cost-effective manner, such as through mediation or arbitration. The Code for Leasing Business Premises is not legally binding, but it is widely regarded as a best practice guide for commercial leasing in England and Wales. Both landlords and tenants are encouraged to follow the code's principles in order to promote fairness and transparency in commercial leasing. Procedural steps for the grant of a lease or underlease. drafting the lease. Drafting a lease under English leasehold real estate law and practice involves creating a legal document that sets out the terms and conditions of the lease between the landlord and the tenant. The lease should be carefully drafted to ensure that it accurately reflects the intentions of both parties and complies with all relevant laws and regulations. The lease should include the following key elements: 1. Property description: The lease should include a description of the property being leased, including its location, size, and any specific features or amenities. 2. Lease term: The lease should specify the length of the lease term, including any renewal options or break clauses. 3. Rent and payment terms: The lease should set out the amount of rent, when it is due, and the payment method. It may also include provisions for rent increases or reviews. 4. Repair and maintenance: The lease should specify the responsibilities of both the landlord and the tenant for repairing and maintaining the property. 5. Use and occupation: The lease should outline how the tenant can use the property, any restrictions on its use, and any requirements for obtaining planning permission or other permits. 6. Alterations and improvements: The lease should include provisions for any alterations or improvements that the tenant may wish to make to the property. 7. Insurance: The lease should specify the insurance requirements for the property, including any obligations on the tenant to take out insurance. 8. Alienation: The lease should set out the conditions for the tenant to assign or sublet the property. 9. Dispute resolution: The lease should include provisions for resolving any disputes that may arise between the landlord and tenant. The lease should be drafted in clear and concise language, and should be reviewed by legal professionals to ensure that it complies with all relevant laws and regulations. Both the landlord and the tenant should have a clear understanding of the terms and conditions of the lease before signing it. Any disputes that arise during the lease term can be resolved through negotiation, mediation, or legal action. purpose of an agreement for lease. An agreement for lease is a legal document that is commonly used in English leasehold real estate law and practice to formalize a commitment by a landlord to grant a lease to a tenant at some point in the future. The purpose of an agreement for lease is to provide a framework for the future lease agreement, which will set out the specific terms and conditions of the lease. The agreement for lease typically includes provisions that outline the following: 1. Parties: The agreement for lease identifies the parties involved, namely the landlord and the tenant. 2. Property: The agreement for lease describes the property to be leased, including its location, size, and any specific features or amenities. 3. Term: The agreement for lease specifies the length of the lease term, including any renewal options or break clauses. 4. Rent: The agreement for lease outlines the amount of rent, when it is due, and the payment method. It may also include provisions for rent increases or reviews. 5. Conditions precedent: The agreement for lease may include conditions that must be satisfied before the lease is granted, such as obtaining planning permission or building regulations approval. 6. Obligations of the parties: The agreement for lease sets out the responsibilities of both the landlord and the tenant, including any obligations for repairs, maintenance, insurance, and compliance with relevant laws and regulations. The purpose of an agreement for lease is to create a binding commitment between the landlord and tenant to enter into a future lease agreement, subject to the satisfaction of any conditions precedent. It can be useful in situations where the tenant needs to undertake certain works or secure planning permission before the lease can be granted. The agreement for lease provides a framework for the future lease agreement, which will be based on the terms and conditions outlined in the agreement for lease. deduction of title. Deduction of title is a legal process in English leasehold real estate law and practice that is used to investigate the history of ownership of a property before it is sold or leased. The purpose of deduction of title is to ensure that the person who is selling or leasing the property has legal ownership and the right to sell or lease it. The process of deduction of title typically involves the following steps: 1. Obtaining the title deeds: The title deeds are a collection of legal documents that provide evidence of the ownership of the property. The seller or landlord must provide the title deeds to the buyer or tenant. 2. Examining the title deeds: The buyer or tenant must examine the title deeds to ensure that they are complete and accurate, and that there are no legal or financial issues that may affect the ownership or occupation of the property. 3. Searches: The buyer or tenant may carry out searches with relevant authorities, such as the Land Registry, local authority, and environmental agencies, to obtain further information about the property and its history. 4. Investigating any issues: If there are any issues with the title deeds or searches, the buyer or tenant must investigate them and resolve them before proceeding with the transaction. 5. Deduction of title report: Once the investigation is complete, the buyer or tenant will produce a report that summarizes the findings and confirms that they are satisfied with the title to the property. The purpose of deduction of title is to ensure that the buyer or tenant can have confidence in the ownership and occupation of the property, and that there are no legal or financial issues that may cause problems in the future. It is an important step in the process of buying or leasing a property, and should be carried out by legal professionals who are experienced in English leasehold real estate law and practice. pre-contract enquiries and searches. Pre-contract enquiries and searches are an important part of the process of buying or leasing a property. They are used to obtain information about the property and its history before the transaction is completed. The purpose of pre-contract enquiries and searches is to identify any potential issues or risks associated with the property, and to enable the buyer or tenant to make an informed decision about whether to proceed with the transaction. Pre-contract enquiries typically involve a series of questions that are sent by the buyer or tenant to the seller or landlord, usually through their solicitors. The questions are designed to elicit information about the property, including its ownership, history, condition, and any legal or financial issues that may affect it. The seller or landlord is obliged to provide truthful and accurate answers to these enquiries. Searches are a separate process that involves obtaining information from public records and other sources, such as the Land Registry, local authority, and environmental agencies. The purpose of searches is to obtain information about the property and its surroundings, including any planning permission, building regulations, environmental issues, and other matters that may affect the property. Common types of searches include: 1. Local authority searches: This provides information about planning permission, building regulations, highways, and other local issues that may affect the property. 2. Land Registry searches: This provides information about the ownership and title of the property, including any restrictions or charges that may affect it. 3. Environmental searches: This provides information about any environmental issues that may affect the property, such as contamination, flooding, and radon gas. The results of pre-contract enquiries and searches are used by the buyer or tenant to make an informed decision about whether to proceed with the transaction. If any issues are identified, the parties may negotiate to resolve them or may decide to withdraw from the transaction. pre-completion formalities. Pre-completion formalities are the legal requirements that must be fulfilled before a leasehold property can be sold or transferred to a new owner or tenant. These formalities typically involve a series of legal documents and procedures that protect the interests of both parties involved in the transaction. The following are some of the key pre-completion formalities that are typically required: Procedural steps for the assignment of a lease. deduction of title. In English leasehold real estate law and practice, the deduction of title refers to the process of examining and verifying the legal ownership and rights associated with a leasehold property when it is being assigned or transferred from one party (the assignor) to another (the assignee). The purpose of this process is to ensure that the assignee receives a valid and marketable title to the leasehold property. Here's an overview of the deduction of title process for the assignment of a lease: The deduction of title process is crucial to protect the assignee's interests and ensure that they receive a valid and marketable title to the leasehold property. It helps identify any potential issues or defects in the title and allows for their resolution before the assignment is finalized. It is advisable for both parties to seek legal advice to navigate the deduction of title process and ensure a smooth and legally valid assignment of the lease. pre-contract enquiries and searches. In English leasehold real estate law and practice, pre-contract enquiries and searches are an important part of the due diligence process when assigning a leasehold property from one party (the assignor) to another (the assignee). These enquiries and searches aim to gather information and assess potential risks associated with the leasehold property before entering into a binding contract. Here's an overview of the pre-contract enquiries and searches involved in the assignment of a lease: The purpose of these pre-contract enquiries and searches is to obtain relevant information about the leasehold property, identify any potential issues or risks, and ensure that the assignee can make an informed decision about proceeding with the assignment. It is crucial to seek legal advice and conduct thorough due diligence during this process to protect the assignee's interests and avoid any unexpected liabilities or complications associated with the leasehold property. landlord’s consent. In English leasehold real estate law and practice, the landlord's consent is a crucial requirement for the assignment of a lease. When a tenant wishes to transfer their leasehold interest in a property to a new party (the assignee), they typically need to obtain the landlord's consent before the assignment can take place. Here's an explanation of the landlord's consent process: It's important to note that the landlord's consent is usually subject to the terms and conditions outlined in the lease agreement. Failing to obtain the landlord's consent when required, or proceeding with an assignment without obtaining consent, can lead to breaches of the lease and potential legal consequences for both the assignor and assignee. It is advisable for both the assignor and assignee to seek legal advice, carefully review the lease terms, and follow the prescribed process to obtain the landlord's consent. This helps ensure compliance with the lease obligations and protects the rights and interests of all parties involved in the assignment of the leasehold property. deed of assignment and covenants for title. In English leasehold real estate law and practice, a deed of assignment is a legal document used to transfer the leasehold interest in a property from one party (the assignor) to another (the assignee). It is a crucial document that formalizes the assignment and outlines the rights and obligations of the parties involved. Along with the deed of assignment, covenants for title are included to provide assurances and obligations related to the transfer of the leasehold interest. Here's an explanation of the deed of assignment and covenants for title in the context of the assignment of a lease: These covenants for title provide reassurance to the assignee and help protect their interests in the assigned leasehold property. It is important to note that the specific contents and provisions of the deed of assignment and covenants for title can vary based on the circumstances of the assignment, the terms of the original lease, and the negotiations between the parties. It is advisable for both parties to seek legal advice to ensure that the deed of assignment accurately reflects their intentions, protects their interests, and complies with the applicable laws and regulations governing leasehold assignments. pre-completion formalities. The assignment of a lease under English leasehold real estate law and practice involves several pre-completion formalities to ensure a smooth and legally compliant transfer of leasehold interests from the existing tenant (assignor) to a new tenant (assignee). Here are the key pre-completion formalities: Landlord's Consent: The first step is for the assignor to check the terms of the lease to determine if it contains a requirement for obtaining the landlord's consent before assigning the lease. Most leases in England and Wales typically include such a provision. If landlord's consent is required, the assignor must make a formal application to the landlord or their managing agent. This application should include details about the proposed assignee, their financial stability, and their intended use of the premises. Due Diligence: Both the assignor and the assignee will engage in due diligence to assess the terms and conditions of the lease, any restrictions, and any potential liabilities. This process may involve reviewing the lease agreement, rent payment history, and any obligations or covenants associated with the property. Financial Arrangements: The assignee will typically need to provide financial references or guarantees to the landlord to demonstrate their ability to meet the lease obligations, including rent payments. Deed of Assignment: A Deed of Assignment is the legal document that formalizes the transfer of the leasehold interest from the assignor to the assignee. This document must be prepared and executed by both parties. It includes details such as the names of the parties, the property's address, and the lease terms. Stamp Duty Land Tax (SDLT): Depending on the value of the leasehold interest, Stamp Duty Land Tax may be payable to the UK government. Both the assignor and assignee should ensure that the SDLT requirements are met and that any tax due is paid. Legal Advice: It's highly advisable for both the assignor and assignee to seek legal advice from solicitors who specialize in property law. They can guide the parties through the process, review documents, and ensure compliance with all legal requirements. Notices: Notice of assignment should be served on the landlord to inform them of the lease transfer. This notice typically includes the details of the assignee and the effective date of the assignment. Consents from Lenders: If either the assignor or assignee has a mortgage on the property, they may need to obtain consent from their respective lenders to proceed with the assignment. Completion Statement: A completion statement outlines the financial aspects of the assignment, including any rent arrears or adjustments, the deposit amount, and other financial considerations. Execution and Registration: The Deed of Assignment is executed by both parties in the presence of witnesses. Once executed, it is usually submitted for registration with the Land Registry to update the public record of property ownership. Handover of Possession: After completion, the assignee typically receives possession of the property, and the assignor's rights and obligations under the lease come to an end. It's important to note that these pre-completion formalities may vary based on the specific terms of the lease and any unique circumstances surrounding the assignment. Engaging legal professionals experienced in property law is crucial to ensure a smooth and legally sound lease assignment process. authorised guarantee agreement. An Authorized Guarantee Agreement (AGA) is a crucial component of the lease assignment process under English leasehold real estate law and practice. It is a legal document that imposes a continuing liability on the outgoing tenant (assignor) to guarantee the performance of the incoming tenant (assignee) under the terms of the lease. The AGA helps protect the landlord's interests and ensures that they have recourse to the original tenant if the new tenant defaults on their lease obligations. Here's an explanation of the key elements and implications of an Authorized Guarantee Agreement: Continuing Liability: The AGA creates a continuing liability for the outgoing tenant (assignor) even after the lease has been assigned to the new tenant (assignee). This means that if the assignee defaults on their lease obligations, the landlord can still hold the assignor responsible for fulfilling those obligations. Scope of Liability: The AGA typically covers all the obligations and covenants of the lease, including the payment of rent, compliance with repair and maintenance requirements, and adherence to any other lease terms. The assignor remains liable for these obligations until the assignee assigns the lease to a new tenant or the lease term comes to an end. Duration: The duration of the assignor's liability under the AGA is typically linked to the duration of the lease assigned to the assignee. If the lease term is extended or renewed, the assignor's liability under the AGA may also be extended unless expressly agreed otherwise. Release Mechanisms: In some cases, the landlord and the assignor may negotiate specific release mechanisms within the AGA. For example, the assignor may seek release from the AGA if the assignee provides a suitable replacement guarantee or if certain conditions are met. These conditions must be clearly outlined in the AGA. Notice Requirements: The AGA usually includes notice provisions, requiring the landlord to notify the assignor of any breaches or defaults by the assignee. It may also require the assignor to notify the landlord of any potential breaches by the assignee. Indemnity from the Assignee: As part of the lease assignment process, the assignor often seeks an indemnity from the assignee. This indemnity ensures that if the assignor is required to fulfill their obligations under the AGA, they can seek reimbursement from the assignee for any costs incurred. Tenant's Insolvency: In the event of the assignee's insolvency, the AGA allows the landlord to pursue the assignor for any outstanding rent or other lease obligations, providing an additional layer of protection for the landlord. It's important to note that AGAs are subject to negotiation between the parties involved, and their terms can vary depending on the specific circumstances and commercial considerations. Additionally, the enforceability of an AGA may be affected by changes in legislation and case law, so it's essential for all parties to seek legal advice when dealing with Authorized Guarantee Agreements to understand their rights and responsibilities fully. completion and post-completion steps. The assignment of a lease under English leasehold real estate law and practice involves several steps that take place both before and after the actual completion of the assignment. Completion refers to the final stage of the process where ownership and responsibility for the lease are transferred from the existing tenant (assignor) to the new tenant (assignee). Here are the key completion and post-completion steps: Completion Steps: Execution of the Deed of Assignment: The Deed of Assignment, which formalizes the transfer of the leasehold interest, is executed by both the assignor and assignee. It should include details of the property, the parties involved, and the terms of the assignment. Stamp Duty Land Tax (SDLT): Depending on the value of the leasehold interest, Stamp Duty Land Tax may be payable to the UK government. The assignee is typically responsible for ensuring that any SDLT requirements are met and that any tax due is paid. Notice to the Landlord: A formal notice of assignment is typically served on the landlord or their managing agent to inform them of the lease transfer. This notice includes details about the assignee and the effective date of the assignment. Payment of Deposit and Adjustments: Any deposit held by the landlord or assignor should be transferred to the assignee. Additionally, there may be rent arrears or other financial adjustments that need to be settled as part of the completion process. Handover of Possession: Upon completion, the assignee typically receives possession of the property, and the assignor's rights and responsibilities under the lease come to an end. Post-Completion Steps: Registration with the Land Registry: After the completion of the assignment, it's common to register the Deed of Assignment with the Land Registry. This ensures that the public record of property ownership is updated to reflect the new tenant (assignee). Notification to Utility Providers and Service Providers: The assignee should notify utility providers, service providers, and relevant authorities of the change in tenancy. This includes transferring utility accounts, updating contact information, and ensuring that services like water, gas, and electricity are properly accounted for. Continuing Lease Obligations: The assignee must continue to fulfill all the obligations and covenants specified in the lease agreement. This includes paying rent, maintaining the property, and complying with any other lease terms. Authorized Guarantee Agreement (AGA): If an Authorized Guarantee Agreement (AGA) is in place, the assignor remains liable for the assignee's performance under the lease. The assignee should keep the assignor informed of any potential breaches or issues. Indemnity and Guarantees: If there are indemnities or guarantees in place, such as those to cover the assignor's liability under the AGA, the assignee should ensure compliance with these agreements. Ongoing Relationship with the Landlord: The assignee should maintain open communication with the landlord or managing agent for any lease-related matters, including repairs, maintenance, or requests for consent for alterations or assignments. Potential Future Assignments: The assignee may consider the possibility of assigning the lease themselves in the future. This should be done in accordance with the terms of the lease and any relevant laws and regulations. It's important for both the assignor and assignee to seek legal advice and guidance throughout the completion and post-completion stages to ensure that all legal requirements are met and that the lease assignment process is carried out smoothly and in compliance with English leasehold real estate law. Licence to assign and licence to underlet. In English leasehold real estate law and practice, the "Licence to Assign" and "Licence to Underlet" are legal documents that serve specific purposes in the context of leasehold properties. These documents are typically prepared by the landlord or their legal representatives. Let's discuss their purposes: Licence to Assign: Purpose: A Licence to Assign is a document that grants permission to the tenant (assignor) to assign their lease to a new tenant (assignee). It allows the assignor to transfer their leasehold interest to another party while ensuring that the landlord's interests are protected and that the incoming tenant is acceptable to the landlord. Preparation: Generally, the landlord or their solicitor prepares the draft Licence to Assign. This document outlines the conditions and requirements for the assignment, including any necessary consents, financial checks on the assignee, and compliance with lease terms. Licence to Underlet: purpose of and who prepares the draft. Purpose: A Licence to Underlet is used when a tenant (the "head tenant") wishes to sublet part or all of their leased property to a subtenant. This document grants permission to the head tenant to underlet the property and sets out the terms and conditions under which the underletting can occur. It allows the landlord to maintain control over who occupies the property. Preparation: Similar to the Licence to Assign, the draft Licence to Underlet is typically prepared by the landlord or their legal representatives. It outlines the conditions for underletting, including rent, the length of the sublease, and any requirements for obtaining the landlord's consent. In both cases, the draft document is reviewed and negotiated by all relevant parties, including the landlord, the tenant (assignor or head tenant), and the prospective assignee or subtenant. Once the terms are agreed upon, the final version of the Licence to Assign or Licence to Underlet is executed by the parties involved. It's important to note that these documents must be consistent with the terms of the primary lease, and any proposed assignment or underletting should be in compliance with the lease provisions. The preparation and execution of these licenses are critical to ensure that leasehold properties are managed in accordance with the lease terms and the law. They help safeguard the landlord's interests, maintain the integrity of the property, and ensure that tenants adhere to their lease obligations when assigning or underletting their premises. Legal advice is often sought by both landlords and tenants to ensure that these documents are properly drafted and executed in accordance with the law. privity of contract and how the licence deals with this. "Privity of contract" is a legal concept that plays a significant role in English leasehold real estate law and practice. It relates to the relationship between parties to a contract and their rights and obligations under that contract. In the context of leasehold properties, privity of contract traditionally had implications for how lease covenants (promises or obligations) were enforceable. Here's an explanation of privity of contract and how licenses deal with it in English leasehold real estate: Privity of Contract: Traditionally, under the doctrine of privity of contract, only parties who were privy to a contract (i.e., were original parties to the contract) had the legal standing to enforce its terms and were bound by its obligations. In the context of leasehold properties, this meant that: The landlord and the original tenant (the tenant who initially signed the lease) had privity of contract, and they could sue each other for breaches of lease covenants. Subsequent tenants (assignees or subtenants) were not in privity of contract with the landlord. Therefore, they couldn't directly enforce the lease covenants against the landlord, and the landlord couldn't directly enforce covenants against them. This limitation created challenges when it came to enforcing lease obligations against subtenants or assignees, as the landlord could only enforce covenants against the original tenant. The Role of Licenses: Licenses are legal documents that can be used to address the issue of privity of contract in leasehold properties. They create a contractual relationship between the landlord and the tenant's assignee or subtenant, even though the assignee or subtenant is not an original party to the lease. Here's how licenses address privity of contract: Licence to Assign: When a tenant wants to assign their lease to a new tenant (assignee), the landlord may require the tenant to obtain a Licence to Assign. This document, prepared by the landlord, grants permission for the assignment and sets out conditions for the assignee, including compliance with the lease covenants. By obtaining the Licence to Assign, the assignee becomes a party to a contract with the landlord, and they can be held accountable for lease obligations. This effectively creates privity of contract between the landlord and the assignee. key provisions in the licence. Licences to Assign and Licences to Underlet are important legal documents in English leasehold real estate law and practice. They are used when a tenant wishes to assign their lease or sublet the property to a new tenant or subtenant. These licences outline the conditions and terms under which such transactions can occur, helping to protect the interests of all parties involved, including the landlord, the original tenant (assignor or head tenant), and the new tenant or subtenant. Here are the key provisions commonly found in these licences: Key Provisions in a Licence to Assign: Permission to Assign: The licence grants permission to the tenant (assignor) to assign their lease to a new tenant (assignee). It may specify any conditions or restrictions on the assignment, such as obtaining the landlord's consent. Assignee's Details: The name and details of the new tenant (assignee) are provided, including contact information and financial references. This information helps the landlord assess the suitability of the assignee. Landlord's Consent: If the lease requires the landlord's consent for the assignment, the licence outlines the conditions and criteria for obtaining that consent. This may include a financial check, background check, or compliance with lease terms. Rent and Deposit: The licence may specify the rent payable by the assignee and any deposit or financial arrangements. This clarifies the financial obligations of the assignee to the landlord. Lease Covenants: The licence typically incorporates the lease covenants that the assignee is required to adhere to. This ensures that the assignee assumes the same obligations as the original tenant under the lease. Indemnity: An indemnity clause may be included, where the assignor agrees to indemnify the landlord for any breaches by the assignee. This maintains the assignor's liability for the assignee's performance under the lease. Stamp Duty Land Tax (SDLT): If applicable, the licence may address the payment of SDLT and specify who is responsible for any tax liabilities related to the assignment. Key Provisions in a Licence to Underlet: Permission to Underlet: The licence outlines whether the tenant (head tenant) is permitted to sublet the property and specifies the conditions under which underletting is allowed. Subtenant's Details: The name and details of the subtenant(s) are provided, including contact information and financial references. This information helps the landlord assess the suitability of the subtenant. Landlord's Consent: If the lease requires the landlord's consent for underletting, the licence sets out the conditions and criteria for obtaining that consent, which may include financial stability and suitability. Rent and Deposit: The licence may detail the rent payable by the subtenant and any deposit or financial arrangements. This clarifies the financial obligations of the subtenant to the head tenant. Lease Covenants: Similar to the Licence to Assign, the Licence to Underlet incorporates the lease covenants, making them binding on the subtenant to ensure compliance with lease terms. Indemnity: An indemnity clause may be included, where the head tenant agrees to indemnify the landlord for any breaches by the subtenant. This maintains the head tenant's liability for the subtenant's performance under the lease. Notice to the Landlord: The licence may include provisions related to the head tenant's obligation to inform the landlord of the sublease and the subtenant's contact details. Stamp Duty Land Tax (SDLT): If applicable, the licence may address the payment of SDLT and specify who is responsible for any tax liabilities related to the underletting. These key provisions in Licences to Assign and Licences to Underlet help establish clear guidelines and expectations for all parties involved in lease assignment or underletting transactions. Legal advice is often sought to ensure that these licences are drafted in accordance with leasehold real estate law and that they adequately protect the interests of the landlord and tenants. Leasehold covenants. liability on covenants in leases. Under English leasehold real estate law and practice, the liability on covenants in leases granted before 1 January 1996 is influenced by a historical distinction between "original covenants" and "successor covenants." These terms refer to how certain obligations in pre-1996 leases are treated when the lease is assigned or passed on to a new tenant. It's important to note that the law in this area has evolved, and there have been legislative changes to address this issue. Here's an overview: 1. Original Covenants: Original covenants are the obligations that the original tenant (the tenant who signed the lease with the landlord) agreed to uphold in the lease. Traditionally, under common law, only the original tenant was directly liable to the landlord for these covenants. If the original tenant breached a covenant, the landlord could sue them for damages, and the original tenant would remain liable for the obligations specified in the lease. 2. Successor Covenants (Section 19 of the Landlord and Tenant (Covenants) Act 1995): Recognizing the limitations of the common law approach, the Landlord and Tenant (Covenants) Act 1995 was enacted to address the issue of successor liability for covenants in pre-1996 leases. Section 19 of the Act introduced the concept of "successor covenants," which means that certain covenants continue to bind the new tenant (the assignee or the incoming tenant) when a lease is assigned. Successor covenants are typically those related to rent, service charges, and the repair and maintenance of the property. The new tenant becomes directly liable for these covenants upon assignment. 3. Statutory Exclusion of Successor Liability (Section 24 of the Landlord and Tenant (Covenants) Act 1995): Section 24 of the Landlord and Tenant (Covenants) Act 1995 allows landlords and tenants to agree to exclude successor liability for certain covenants. In practice, this means that in some cases, the original tenant may remain liable for these excluded covenants even after assigning the lease. 4. Restrictions on Successor Liability (Section 5 of the Landlord and Tenant (Covenants) Act 1995): Section 5 of the Landlord and Tenant (Covenants) Act 1995 imposes restrictions on the landlord's ability to enforce successor covenants. The Act sets out a procedure that landlords must follow to effectively pass on liability to the new tenant. It's important to consult the specific lease agreement and, if necessary, seek legal advice to determine the exact liability on covenants in leases granted before 1 January 1996. The terms and conditions of these leases can vary significantly, and the impact of statutory and contractual provisions on the liability of covenants may differ from one lease to another. Additionally, the 1995 Act has introduced some complexities into this area of leasehold law, and its provisions are subject to interpretation and case law developments. Remedies for breach of a leasehold covenant. action in debt. In English leasehold real estate law and practice, an action in debt for breach of a leasehold covenant is a legal remedy that a landlord can pursue when a tenant (lessee) breaches one or more of the covenants (promises or obligations) contained in the lease agreement. This remedy allows the landlord to seek monetary compensation for the tenant's failure to comply with specific lease terms. Here's an explanation of the remedy and how it works: 1. Covenant Breach: A lease typically contains various covenants that the tenant must adhere to during the term of the lease. These covenants may include payment of rent, maintenance and repair obligations, restrictions on subletting or assignment, and other terms and conditions that the tenant must fulfill. 2. Breach of Covenant: If the tenant breaches one or more of these covenants, the landlord can take legal action to enforce the lease terms and seek compensation for any losses or damages suffered as a result of the breach. 3. Action in Debt: An action in debt is a specific type of legal action that the landlord can initiate against the tenant to recover monetary damages for the covenant breach. In this context, "debt" refers to the monetary amount that the tenant owes the landlord as a result of the breach. 4. Proving the Breach: To succeed in an action in debt, the landlord must prove that the tenant has indeed breached a specific lease covenant. This typically involves presenting evidence that demonstrates the tenant's non-compliance with the lease terms. 5. Quantum of Damages: The court will determine the amount of damages (compensation) owed to the landlord based on the actual financial losses incurred due to the tenant's breach. For example, if the tenant fails to pay rent, the damages may include the outstanding rent arrears, interest on the arrears, and any associated costs incurred by the landlord in pursuing the action. 6. Legal Proceedings: An action in debt is a legal proceeding initiated in court. The landlord will file a claim against the tenant, outlining the breach of covenant and the damages sought. The tenant will have the opportunity to defend themselves and may argue that the breach was not substantial or that the damages claimed are unreasonable. 7. Court Judgment: If the court finds in favor of the landlord, it will issue a judgment ordering the tenant to pay the specified damages. The court may also issue an order for possession if the breach is severe and the landlord wishes to terminate the lease. 8. Execution of Judgment: If the tenant does not voluntarily comply with the court's judgment, the landlord may take further legal steps to enforce the judgment and recover the damages owed. It's important to note that an action in debt is just one of the legal remedies available to landlords for enforcing lease covenants. Depending on the nature and severity of the breach, other remedies such as forfeiture (terminating the lease) or specific performance (forcing the tenant to fulfill their obligations) may also be pursued. The choice of remedy will depend on the specific circumstances of the case and the lease terms. Legal advice is often sought by both landlords and tenants when lease covenant breaches occur to navigate the complex legal procedures involved. forfeiture. In English leasehold real estate law and practice, forfeiture is a legal remedy that allows a landlord to terminate a lease and take back possession of the leased property when the tenant (lessee) breaches one or more of the covenants (promises or obligations) contained in the lease agreement. Forfeiture is a serious remedy with significant implications for both parties, and it should be used judiciously. Here's an explanation of the remedy of forfeiture and how it works: 1. Covenant Breach: A lease typically includes various covenants that the tenant must comply with during the term of the lease. These covenants can cover a range of obligations, including payment of rent, maintenance and repair responsibilities, restrictions on subletting or assignment, and more. 2. Breach of Covenant: When the tenant breaches one or more of these lease covenants, the landlord may choose to exercise the remedy of forfeiture. 3. Notice to Quit: Before initiating forfeiture proceedings, the landlord typically serves a "notice to quit" or a "section 146 notice" on the tenant. This notice informs the tenant of the alleged breach, gives them an opportunity to remedy the breach (if possible), and notifies them of the landlord's intention to seek forfeiture if the breach is not rectified. 4. Application to the Court: If the tenant fails to remedy the breach within the specified time or disputes the breach, the landlord can apply to the court for a possession order. The court will review the case and decide whether forfeiture is an appropriate remedy based on the facts presented. 5. Court Judgment: If the court grants a possession order in favor of the landlord, the lease is effectively terminated, and the landlord can take back possession of the property. The tenant is required to vacate the premises, and the lease is legally determined. 6. Surrender or Relief from Forfeiture: In some cases, the tenant may apply to the court for relief from forfeiture, seeking to have the lease reinstated. The court has the discretion to grant relief if it deems it just and equitable, often conditioned on the tenant remedying the breach and paying the landlord's costs. Alternatively, the landlord and tenant may negotiate a surrender of the lease, which involves mutual agreement to terminate the lease without going through court proceedings. 7. Reletting the Property: After repossessing the property, the landlord can decide whether to relet it to a new tenant. Any damages or arrears owed by the original tenant may be recovered from the tenant's assets, if available. Forfeiture is a powerful remedy, and it can have significant financial and legal consequences for both parties. It is typically used as a last resort when other methods of resolving lease breaches have failed. It's important for landlords to follow the proper legal procedures and ensure that the grounds for forfeiture are valid to avoid potential legal challenges or claims for wrongful eviction by the tenant. Likewise, tenants should seek legal advice if they are facing forfeiture proceedings to explore options for relief or negotiation with the landlord. Commercial Rent Arrears Recovery. Commercial Rent Arrears Recovery (CRAR) is a specific legal remedy available in English leasehold real estate law and practice for landlords to recover unpaid rent from commercial tenants who have breached their leasehold covenants, particularly with respect to the payment of rent. CRAR is a statutory process governed by the Taking Control of Goods Regulations 2013. Here's an explanation of how CRAR works: 1. Eligibility and Notice: CRAR can only be used for commercial leases, not residential leases. To initiate CRAR, the following conditions must be met: The lease must be in writing. The lease must be for commercial premises. The rent arrears must be at least seven days overdue. Before using CRAR, the landlord must serve a Notice of Enforcement on the tenant, providing at least seven clear days' notice of their intention to take control of the tenant's goods to recover the arrears. 2. Enforcement Agent: The landlord must engage a certified enforcement agent (also known as a bailiff) to carry out the CRAR process. The enforcement agent must be authorized to act on behalf of the landlord. 3. Taking Control of Goods: After the notice period has passed and the rent remains unpaid, the enforcement agent can enter the tenant's premises to take control of goods that belong to the tenant. The goods are seized to be sold at auction to recover the rent arrears. 4. Controlled Goods Agreement: The enforcement agent may enter into a Controlled Goods Agreement with the tenant, allowing the tenant to retain possession of the goods, provided they comply with specified conditions. If the tenant fails to comply, the goods can be removed and sold. 5. Sale of Goods: If the tenant does not pay the outstanding rent arrears, the seized goods can be sold at auction. The proceeds from the sale are used to satisfy the rent debt, including the enforcement agent's fees. 6. Exclusions and Restrictions: CRAR has limitations, and certain items are exempt from seizure, including essential tools and equipment necessary for the tenant's trade, and goods that do not belong to the tenant. The landlord cannot use CRAR to recover any other types of debts, such as service charges or breach of repair obligations. 7. Tenant's Rights: The tenant has some rights under CRAR. They are entitled to receive a Notice of Distress (a document specifying the details of the enforcement agent's visit) and must be provided with a minimum notice period before any goods are removed. CRAR provides landlords with a legal and relatively efficient method for recovering unpaid rent from commercial tenants who have breached their lease covenants regarding rent payments. It is less invasive than other remedies like forfeiture and does not terminate the lease. However, it is crucial for landlords to strictly follow the statutory procedures and timelines associated with CRAR. Failure to do so can render the process ineffective and may require the landlord to seek alternative methods of recovery, such as legal action. Additionally, tenants should be aware of their rights and obligations under CRAR and seek legal advice if they have concerns about the process. pursue guarantors and/or rent deposit. In English leasehold real estate law and practice, landlords have several remedies for pursuing unpaid rent or addressing breaches of leasehold covenants, which may include pursuing guarantors or utilizing a rent deposit. Here's an explanation of these remedies: 1. Pursuing Guarantors: In many commercial lease agreements, especially when dealing with businesses or corporate tenants, landlords require the tenant to provide a personal or corporate guarantor. A guarantor is an individual or entity that agrees to be financially responsible for the tenant's obligations under the lease. How the Guarantor Process Works: When a tenant breaches lease covenants, such as failing to pay rent, the landlord can pursue the guarantor for the unpaid rent or other lease obligations. The landlord typically sends a formal demand for payment to the guarantor, notifying them of the tenant's breach and requesting that they fulfill their obligations as per the guarantee agreement. If the guarantor fails to pay the outstanding amount, the landlord can initiate legal proceedings against the guarantor to recover the debt. 2. Rent Deposit: Some lease agreements include a rent deposit clause, where the tenant pays a specific sum of money (the rent deposit) to the landlord at the beginning of the lease term. The purpose of the deposit is to provide security for the landlord in case the tenant breaches the lease covenants, particularly regarding unpaid rent. How the Rent Deposit Process Works: When a tenant breaches the lease by failing to pay rent or violating other lease covenants, the landlord can deduct the owed amount from the rent deposit. The landlord must provide the tenant with notice of the deduction and the reasons for it. This notice typically allows the tenant an opportunity to remedy the breach and top up the rent deposit to its original amount. If the tenant does not remedy the breach or top up the rent deposit, the landlord can use the deposit to cover the outstanding rent or other lease-related costs. Important Considerations: It's crucial for landlords to adhere to the terms of the lease agreement and any applicable statutory requirements when pursuing guarantors or using rent deposits. Guarantor agreements should be clear and legally enforceable. If the guarantor disputes their liability, the matter may be resolved through legal action. Rent deposit schemes and regulations apply to residential tenancies. Commercial leases are generally less regulated in this regard, but the lease agreement should specify the terms and conditions for the rent deposit. Disputes over deductions from the rent deposit can be subject to arbitration or court proceedings if not resolved amicably between the landlord and tenant. Landlords should always seek legal advice and ensure they follow proper procedures when pursuing guarantors or utilizing rent deposits to address breaches of lease covenants. Similarly, tenants should be aware of their rights and obligations under the lease and any accompanying guarantee or rent deposit agreements. Legal counsel can help navigate disputes and ensure compliance with leasehold real estate law and practice. specific performance. In English leasehold real estate law and practice, the remedy of specific performance is a legal remedy that allows a landlord or tenant to seek a court order requiring the other party to fulfill their obligations under a leasehold covenant when a breach has occurred. This remedy is typically sought when monetary damages alone are inadequate to compensate for the breach. Here's an explanation of the remedy of specific performance and how it works: 1. Covenant Breach: A lease typically includes various covenants that outline the obligations of both the landlord and tenant. These covenants may include obligations related to repairs, maintenance, payment of rent, or other aspects of lease compliance. 2. Breach of Covenant: When one party (either the landlord or tenant) breaches a leasehold covenant, the other party may seek specific performance as a remedy if they believe that mere monetary compensation would not adequately remedy the breach. 3. Court Proceedings: To seek specific performance, the party that believes their rights under the lease have been violated must initiate court proceedings by filing a claim. The claim will typically request a court order requiring the breaching party to perform their obligations under the covenant as specified in the lease. 4. Court Evaluation: The court will evaluate the case and consider various factors when determining whether specific performance is an appropriate remedy. Factors may include the nature of the breach, the impact of the breach on the innocent party, the feasibility of enforcing specific performance, and any defenses raised by the breaching party. 5. Court Order: If the court finds in favor of the party seeking specific performance, it will issue a court order that mandates the breaching party to fulfill their obligations under the lease. The court order will specify the terms and conditions of compliance, the timeline for compliance, and any other relevant details. 6. Consequences of Non-Compliance: If the breaching party does not comply with the court order, they may face legal penalties or sanctions, which can include contempt of court proceedings or further legal action by the innocent party. 7. Specific Performance vs. Damages: Specific performance is typically sought when the breach involves unique or irreplaceable aspects of the lease, such as the use of specific property or premises. In contrast, monetary damages may be sought for breaches that can be adequately compensated through financial means, such as unpaid rent. 8. Equitable Remedy: Specific performance is considered an equitable remedy, and its availability depends on the court's discretion and the circumstances of the case. The court will assess whether specific performance is a just and equitable remedy given the specific facts and legal principles involved. 9. Legal Counsel: Seeking specific performance can be a complex legal process, and it is advisable for both landlords and tenants to seek legal counsel when pursuing or defending against this remedy. It's important to note that while specific performance is a possible remedy, it is not always granted by the court. The court will carefully consider the circumstances of each case and determine whether specific performance is appropriate and practical based on the specific leasehold covenant in question. damages. In English leasehold real estate law and practice, the remedy of damages is a legal remedy that allows a landlord or tenant to seek financial compensation when a breach of a leasehold covenant has occurred. When a party breaches a covenant (a promise or obligation) within a lease agreement, damages are intended to compensate the innocent party for the losses they have suffered as a result of the breach. Here's an explanation of how the remedy of damages works: 1. Covenant Breach: A lease agreement typically contains various covenants that outline the rights and obligations of both the landlord and tenant. These covenants can cover a wide range of matters, including the payment of rent, maintenance and repair obligations, restrictions on subletting or assignment, and other lease-related responsibilities. 2. Breach of Covenant: When one party (either the landlord or tenant) breaches a covenant in the lease, the other party may seek damages as a remedy. 3. Calculation of Damages: The innocent party, the one not in breach of the covenant, will calculate the damages incurred as a result of the breach. Damages aim to put the innocent party in the same financial position they would have been in if the breach had not occurred. 4. Types of Damages: The types of damages that can be sought for a breach of covenant may include: Direct Damages: These are the actual, quantifiable financial losses suffered as a direct result of the breach. For example, if the tenant fails to pay rent, the landlord can seek the unpaid rent as direct damages. Consequential Damages (Special Damages): These are losses that result indirectly from the breach and were foreseeable at the time the lease was entered into. For example, if the tenant's failure to maintain the property leads to structural damage, the landlord may seek the cost of repairing that damage as consequential damages. General Damages: These are damages that are not directly linked to a specific financial loss but are still a result of the breach. They are typically less common in lease disputes and may be difficult to quantify. 5. Legal Proceedings: To seek damages, the innocent party must initiate legal proceedings by filing a claim in court. The claim will specify the nature of the breach, the damages sought, and the legal basis for the claim. 6. Proving Damages: The party seeking damages must provide evidence to support their claim, demonstrating that they have suffered losses as a result of the breach. The court will assess the evidence and determine the appropriate level of damages to award. 7. Mitigation: The innocent party has a legal duty to mitigate their losses, which means they must take reasonable steps to minimize the financial impact of the breach. Failure to do so may affect the amount of damages awarded. 8. Legal Costs: In some cases, the court may also award legal costs to the successful party as part of the damages claim. Damages are a common remedy sought in lease disputes, particularly for breaches that have caused financial harm. It's essential for both landlords and tenants to understand their rights and obligations under the lease agreement and to seek legal advice when pursuing or defending against a damages claim. Legal counsel can help ensure that the damages claim is properly calculated and supported by evidence in accordance with leasehold real estate law and practice. self-help/Jervis v Harris clause. The remedy of self-help, often referred to as the "Jervis v Harris clause," is a provision that may be included in a commercial lease agreement under English leasehold real estate law and practice. This clause allows the landlord to enter the leased premises without obtaining a court order in cases where the tenant has breached specific leasehold covenants. It is named after the legal case Jervis v Harris, which established its use in certain situations. Here's an explanation of how the self-help or Jervis v Harris clause works: 1. Inclusion in the Lease Agreement: The self-help clause is typically included in the lease agreement itself. It is a contractual provision that outlines the circumstances under which the landlord may take direct action to remedy certain breaches by the tenant without going through the courts. 2. Nature of Breaches: The self-help clause usually applies to specific types of breaches that are considered serious or urgent. These may include breaches related to: Failure to pay rent. Nuisance or anti-social behavior. Health and safety violations. Failure to repair or maintain the premises. 3. Notice Requirement: Before invoking the self-help clause, the landlord is often required to serve a notice on the tenant, informing them of the breach and the landlord's intention to enter the premises to rectify the issue. 4. Reasonable Notice and Opportunity to Remedy: The notice typically provides the tenant with a reasonable period (usually specified in the lease) to remedy the breach themselves. This gives the tenant an opportunity to correct the problem before the landlord takes action. 5. Landlord's Right of Entry: If the tenant fails to remedy the breach within the specified time or the breach is of such a nature that it cannot reasonably be remedied by the tenant, the self-help clause allows the landlord to enter the premises to rectify the issue directly. 6. Cost Recovery: The clause may also specify that the tenant is responsible for the costs incurred by the landlord in taking the remedial action. This can include the cost of repairs, legal fees, and any other expenses related to addressing the breach. 7. Compliance with Legal Requirements: When exercising self-help, the landlord must ensure that they comply with all relevant legal requirements, including health and safety regulations and any other applicable laws. 8. Legal Safeguards: The use of self-help is not unlimited. The landlord must act reasonably and within the boundaries set by the lease agreement and the law. If the landlord abuses this provision or causes undue harm to the tenant, the tenant may have legal recourse. The self-help or Jervis v Harris clause provides landlords with a quicker and more direct means of addressing serious breaches of leasehold covenants, particularly when the tenant's actions pose a risk to property, safety, or the landlord's financial interests. However, it is a remedy that should be used with caution and in strict accordance with the lease agreement and legal requirements. Tenants should be aware of their rights and seek legal advice if they believe that the landlord has wrongly invoked the self-help clause or if they wish to challenge the landlord's actions. Termination of a lease. effluxion of time. Termination of a lease for effluxion of time is a legal process under English leasehold real estate law and practice through which a lease comes to an end upon the expiration of its specified term or duration. This means that the lease agreement concludes naturally because the agreed-upon lease term has run its course. Here's an explanation of the termination of a lease for effluxion of time: 1. Fixed-Term Lease: Termination for effluxion of time typically applies to leases with a fixed term, meaning that the lease agreement specifies a specific duration for which it is valid. Common lease terms may be 5, 10, 15, or 20 years, but they can vary widely. 2. No Further Action Required: When a lease has a fixed term, neither the landlord nor the tenant needs to take any specific action to terminate the lease at the end of the term. It ends automatically when the agreed-upon term expires. 3. Notice Period: In some leases, especially residential leases, there may be a requirement for either the landlord or the tenant to give notice if they do not intend to renew the lease upon its expiration. The notice period and requirements will be stipulated in the lease agreement or governed by statutory regulations. 4. Surrender and Renewal: In some cases, both parties may agree to surrender the lease early, terminate it by mutual consent, or negotiate a lease renewal before the original term expires. This typically involves executing a new lease agreement or an extension of the existing lease. 5. Security of Tenure: In commercial leases, tenants may have statutory rights to request a renewal of the lease under the Landlord and Tenant Act 1954. This process allows tenants to apply to the court for a new lease on similar terms when the lease term expires. Landlords can only oppose renewal on specific statutory grounds. 6. Handing Back Possession: At the end of the lease term, the tenant is typically required to hand back possession of the property to the landlord in the same condition as stipulated in the lease, subject to reasonable wear and tear. 7. Dilapidations: Landlords may conduct a dilapidations assessment to identify any necessary repairs or maintenance work that the tenant is responsible for before vacating the premises. The tenant may be required to address these issues or compensate the landlord for the necessary repairs. 8. Return of Security Deposit: If a security deposit was held by the landlord, it is typically returned to the tenant after any deductions for unpaid rent or damages have been made. Termination of a lease for effluxion of time is straightforward for leases with fixed terms, as it occurs automatically without the need for court intervention or formal notice. However, both landlords and tenants should carefully review the lease agreement and understand their obligations regarding the return of the property and any related matters to ensure a smooth transition at the end of the lease term. In commercial leases, tenants should also be aware of their rights and responsibilities regarding lease renewal under the Landlord and Tenant Act 1954. notice to quit. In English leasehold real estate law and practice, the termination of a lease for notice to quit is a process through which either the landlord or the tenant brings the lease to an end by giving notice to the other party. This process applies to leases with a periodic tenancy or leases that have reached the end of their fixed term and where neither party wishes to renew the lease. Here's an explanation of the termination of a lease for notice to quit: 1. Applicability: Termination by notice to quit is commonly used for periodic tenancies (e.g., month-to-month or year-to-year) and can also apply to leases with a fixed term when the lease agreement allows for termination by notice. 2. Notice Period: The party wishing to terminate the lease (either the landlord or the tenant) must serve a written notice to quit on the other party. The notice period and the specific requirements for the notice are typically governed by the lease agreement or by statutory regulations, such as the Housing Act 1988 for residential tenancies. The notice period can vary but is often one rental period, which means that the notice must be given at least one full rental period before the intended termination date. For example, if rent is paid monthly, one month's notice may be required. 3. Contents of the Notice: The notice to quit should include essential details, such as: The names of the landlord and tenant. The address of the property being leased. The date on which the notice is being served. The termination date (the date on which the lease will end). Any specific reasons for termination, if applicable (e.g., non-payment of rent). 4. Service of Notice: The notice must be served in accordance with the lease agreement or relevant statutory requirements. This often means delivering it in writing to the other party's last known address, sometimes by registered mail or hand delivery. 5. Tenant's Right to Challenge: In some cases, tenants may have the right to challenge a notice to quit, particularly in residential tenancies. This can include claims of improper notice or disputes over the reasons for termination. 6. Handing Back Possession: At the end of the notice period, the tenant is typically required to vacate the premises and hand back possession to the landlord. The tenant should ensure that the property is returned in the same condition as specified in the lease, subject to reasonable wear and tear. 7. Return of Security Deposit: If a security deposit was held by the landlord, it is typically returned to the tenant after any deductions for unpaid rent or damages have been made. 8. Property Inspection: Landlords may conduct a property inspection to assess its condition at the end of the tenancy and identify any necessary repairs or maintenance work that the tenant is responsible for. Termination of a lease for notice to quit is a formal process that provides a clear and lawful means for either party to end the lease. It is important for both landlords and tenants to follow the notice requirements and other lease provisions and to seek legal advice if disputes or issues arise during the termination process. Additionally, residential tenants may have additional legal protections, and it is advisable to consult with relevant statutory regulations or a legal professional when dealing with notice to quit in residential tenancies. surrender. Termination of a lease by surrender in English leasehold real estate law and practice occurs when both the landlord and tenant mutually agree to end the lease before its natural expiration. Surrender is a consensual process, and it typically involves an agreement between both parties to terminate the lease. Here's an explanation of the termination of a lease by surrender: 1. Mutual Agreement: Surrender requires the mutual agreement of both the landlord and the tenant. Both parties must agree, either verbally or in writing, to bring the lease to an end before its originally agreed-upon term. 2. Written Surrender Agreement: While a surrender can be agreed upon verbally, it is advisable to have a written surrender agreement in place to clearly document the terms of the termination. This written agreement should outline the following: The names of the landlord and tenant. The address of the leased property. The date of the surrender agreement. The effective date of the surrender (when the lease will end). Any conditions or obligations, such as the return of keys or the property's condition. The agreement to waive any further rights and obligations under the lease. 3. Property Inspection: Before the lease is surrendered, it is common for the landlord to inspect the property to assess its condition. Any necessary repairs or maintenance can be addressed, and any potential disputes about the property's condition can be resolved. 4. Return of Security Deposit: If a security deposit was held by the landlord, the surrender agreement should address the return of the deposit, including any deductions for unpaid rent or damages. 5. Final Rent Payment: The surrender agreement should specify the arrangements for the final rent payment, including any pro-rated rent for the period up to the surrender date. 6. Returning Possession: Upon the effective date of surrender, the tenant must vacate the premises and return possession of the property to the landlord. 7. Record of Surrender: It is essential to maintain a record of the surrender agreement and any related communications between the parties. This documentation can be important in case of future disputes or misunderstandings. 8. Registration and Legal Advice: In some cases, particularly in commercial leases, there may be legal and tax implications associated with surrendering a lease. It is advisable for both parties to seek legal advice and, if necessary, consult with tax professionals before finalizing a surrender. 9. Termination of Lease Obligations: Once the lease is surrendered and the effective date has passed, both parties are typically released from their obligations and rights under the lease agreement. The lease is considered terminated. Surrender is a flexible way for both landlords and tenants to end a lease when they both agree to do so. It is important to ensure that the surrender agreement is clear, comprehensive, and legally enforceable to avoid potential disputes in the future. Legal advice is often sought by both parties to ensure that the surrender process is executed correctly and that all legal requirements and considerations are addressed. merger. Termination of a lease for merger under English leasehold real estate law and practice occurs when both the leasehold interest and the freehold interest in a property come under the same ownership or control. In this situation, the leasehold interest effectively merges into the freehold interest, resulting in the automatic termination of the lease. Here's an explanation of the termination of a lease for merger: Ownership of Both Interests: For merger to take place, the same individual or entity must hold or acquire both the leasehold interest and the freehold interest in the same property. The leasehold interest is typically created when a lease agreement is granted by the freehold owner (landlord) to a tenant (leaseholder). Automatic Termination: Upon the acquisition of both interests by the same party, the leasehold interest is deemed to have merged into the freehold interest. This merger occurs automatically by operation of law, and no specific action is required to terminate the lease. Legal Effect: Once the leasehold and freehold interests have merged, the lease agreement is considered terminated, and the tenant's rights and obligations under the lease cease to exist. The tenant is no longer responsible for rent payments, and the landlord no longer has an obligation to provide possession of the property. No Further Legal Rights: The tenant has no further rights under the lease, such as the right to occupy the property or claim any lease-related benefits. The lease agreement effectively becomes void. Impact on Third Parties: Merger does not affect the rights or obligations of third parties who may have rights in the property, such as subtenants or mortgagees. These third-party interests are typically unaffected by the merger and continue to exist. Exceptions and Complexities: While merger is a well-established legal principle, there can be exceptions and complexities based on the specific circumstances and the terms of the lease agreement. For example, leases may contain provisions that prevent merger from occurring, or the parties may agree to exclude merger through contractual arrangements. Legal Advice: Parties involved in leasehold transactions, especially those related to property acquisitions, should seek legal advice to understand the potential implications of merger and any legal strategies or contractual provisions that may apply. Termination of a lease for merger simplifies property ownership by eliminating leasehold interests when the same party obtains both the freehold and leasehold interests in a property. It is important for property owners, tenants, and legal professionals to be aware of the implications of merger, especially when dealing with property transactions and leasehold interests. Security of tenure under a business lease. Termination of a lease for security of tenure under a business lease in English leasehold real estate law and practice involves the process by which a landlord can end a business lease when certain conditions are met. Security of tenure refers to the statutory rights granted to commercial tenants under the Landlord and Tenant Act 1954, which allow them to seek a renewal of their lease when it comes to an end. However, there are specific grounds on which a landlord can terminate a lease even if the tenant has security of tenure. Here's an explanation: 1. Qualifying Business Tenancy: To qualify for security of tenure and the right to request a lease renewal, the lease must be a "qualifying business tenancy" under the Landlord and Tenant Act 1954. This typically applies to leases of commercial properties where the premises are used for business purposes. 2. Exclusion of Security of Tenure: In some cases, landlords and tenants may agree to exclude the security of tenure provisions when entering into a lease. This is known as "contracting out" of security of tenure rights. However, for such an exclusion to be valid, specific statutory requirements must be met, including the requirement for the tenant to seek independent legal advice. 3. Grounds for Termination: Landlords can terminate a business lease with security of tenure on specific statutory grounds. The most common grounds for termination include: Non-payment of rent: If the tenant consistently fails to pay rent, the landlord can seek to terminate the lease. Substantial breaches of lease obligations: This can include breaches such as failing to maintain the property or violating use restrictions. Landlord's intention to redevelop: If the landlord has a genuine intention to redevelop the property and can demonstrate this to the court, they may be able to terminate the lease. Landlord's intention to occupy for business purposes: If the landlord intends to occupy the premises for their own business use, they can seek to terminate the lease. Suitable alternative accommodation: If the landlord offers the tenant suitable alternative accommodation and the tenant refuses, the landlord can seek termination. 4. Serving a Section 25 Notice: To terminate a lease under security of tenure grounds, the landlord typically serves a "Section 25 notice" on the tenant. This notice provides details of the grounds for termination and the proposed terms for the renewal lease. 5. Tenant's Right to Respond: Upon receiving the Section 25 notice, the tenant has the right to respond by serving a "counter-notice." The tenant can challenge the landlord's grounds for termination or negotiate the terms of the renewal lease. 6. Court Proceedings: If the landlord and tenant cannot reach an agreement on the terms of termination or renewal, either party can apply to the court for determination. The court will consider the evidence presented and make a decision based on the applicable statutory grounds. 7. Compensation: If the landlord successfully terminates the lease under security of tenure grounds, the tenant may be entitled to compensation for the loss incurred as a result of the termination. This compensation can include costs associated with relocating the business. Termination of a business lease with security of tenure involves a structured legal process with specific statutory grounds. Both landlords and tenants should be aware of their rights and responsibilities, and legal advice is often sought to navigate the complexities of lease termination and renewal under the Landlord and Tenant Act 1954. application of 1954 Act. The Landlord and Tenant Act 1954 (Part II) is a key piece of legislation under English leasehold real estate law that governs the rights and obligations of commercial tenants and landlords regarding lease renewals and security of tenure. Part II of the Act establishes a framework for the automatic renewal of leases and provides certain rights and protections for commercial tenants. Here's an explanation of the application of the Landlord and Tenant Act 1954 (Part II): 1. Applicability: Part II of the Landlord and Tenant Act 1954 applies to commercial tenancies in England and Wales. It does not cover residential tenancies. 2. Qualifying Tenancies: To come under the protection of the Act, a tenancy must qualify. Qualifying tenancies include leases or tenancies of commercial properties where the premises are used for business purposes, such as offices, shops, factories, or warehouses. 3. Protection of Security of Tenure: One of the key features of the 1954 Act is the protection of security of tenure for commercial tenants. Security of tenure means that tenants have the right to renew their lease at the end of the contractual term, subject to specific conditions and exceptions. 4. Statutory Protection: The Act grants tenants a statutory right to request a new lease upon the expiration of the current lease, even if the landlord does not wish to renew the lease. 5. Procedure for Lease Renewal: The process for lease renewal under the 1954 Act involves the service of formal notices by either the landlord or the tenant. The tenant initiates the process by serving a Section 26 notice to request a new lease, and the landlord can respond with a Section 25 notice outlining the terms and conditions of the proposed lease. 6. Grounds for Opposition: While the Act provides security of tenure, it also allows landlords to oppose lease renewal on specific grounds. Common grounds for opposition include: The tenant's failure to pay rent. Breach of other lease covenants. The landlord's intention to redevelop the property. The landlord's intention to occupy the property for their own business purposes. 7. Compensation: If the landlord successfully opposes a lease renewal on specific grounds, the tenant may be entitled to compensation. 8. Tenant's Right to Stay: In cases where the tenant successfully renews the lease, they have the right to remain in the property and continue their business operations. 9. Length of Renewed Lease: The length of the renewed lease may be determined by the terms specified in the Section 25 notice, but if the parties cannot agree on these terms, the court may determine them. 10. Contracting Out: - Parties can "contract out" of the Act's provisions by mutual agreement when entering into the lease. In such cases, the tenant does not have the automatic right to renewal under the Act. 11. Legal Advice: - The complexities of the 1954 Act and the potential impact on lease negotiations make it advisable for both landlords and tenants to seek legal advice when dealing with commercial lease matters. Legal professionals can help navigate the Act's provisions and ensure compliance with its requirements. In summary, the Landlord and Tenant Act 1954 (Part II) applies to qualifying commercial tenancies in England and Wales and provides tenants with security of tenure and the right to request a renewal of their lease. While the Act offers important protections, it also allows landlords to oppose renewal on certain grounds. Parties involved in commercial lease agreements should be aware of the Act's provisions and seek legal guidance to navigate its complexities effectively. renewal lease by the tenant. Under the Landlord and Tenant Act 1954 (Part II) in English leasehold real estate law and practice, tenants have the statutory right to request the renewal of their lease at the end of its term. This process allows tenants to continue occupying the premises for their business operations. Here's an explanation of how a tenant can renew a lease under the 1954 Act: 1. Qualifying Tenancy: To qualify for lease renewal rights under the 1954 Act, the tenancy must be a "business tenancy" as defined by the Act. This typically applies to commercial leases where the premises are used for business purposes. 2. Notice of Intention to Renew: The tenant initiates the process by serving a formal written notice to the landlord, known as a "Section 26 notice," expressing their intention to renew the lease. This notice must be served within the specified time frames outlined in the Act. The notice should include details about the tenant's interest in renewing the lease, the premises in question, and the intended renewal date. 3. Response from the Landlord: Upon receiving the Section 26 notice, the landlord has the option to either accept the tenant's request for renewal or oppose it by serving a "Section 25 notice." If the landlord agrees to renew, they must provide terms for the new lease, including the duration and rent. 4. Terms of the Renewed Lease: If the landlord serves a Section 25 notice, the terms of the renewed lease may be negotiated between the landlord and tenant. If the parties cannot agree on the terms, they can apply to the court for determination. 5. Grounds for Opposition by the Landlord: Landlords have specific grounds on which they can oppose a tenant's request for lease renewal. These grounds include: Tenant's failure to pay rent. Substantial breaches of other lease obligations. Landlord's intention to redevelop the property. Landlord's intention to occupy the property for their own business use. 6. Court Proceedings: If the landlord and tenant cannot reach an agreement on the terms of the renewal lease, they can apply to the court to resolve the matter. The court will consider various factors, including the market rent, the length of the lease, and the parties' arguments, to determine the terms of the renewed lease. 7. Tenant's Right to Stay: If the tenant successfully renews the lease, they have the right to remain in the premises and continue their business operations. 8. Timing Considerations: It is important for both parties to adhere to the statutory timeframes and deadlines outlined in the Act. Failure to do so can have legal consequences and may impact the renewal process. 9. Legal Advice: Given the complexities of lease renewal under the Landlord and Tenant Act 1954 (Part II), both landlords and tenants are advised to seek legal advice to understand their rights and obligations and to ensure compliance with the Act's requirements. Legal professionals can also assist in negotiations and court proceedings, if necessary. Lease renewal by the tenant under the 1954 Act provides important protections for commercial tenants, allowing them to continue operating their businesses in the same premises. However, it is essential for both parties to be aware of the Act's provisions and to engage legal counsel when navigating the lease renewal process, especially if disagreements arise between the landlord and tenant. termination by the landlord. Under the Landlord and Tenant Act 1954 (Part II) in English leasehold real estate law and practice, landlords have certain rights to terminate a commercial lease at the end of the lease term or under specific circumstances. Here's an explanation of how a landlord can terminate a lease under the 1954 Act: 1. Qualifying Tenancy: The provisions of the 1954 Act apply to "business tenancies," which typically include commercial leases where the premises are used for business purposes. 2. Notice of Termination: The process typically begins with the landlord serving a formal written notice to the tenant, known as a "Section 25 notice," indicating their intention not to renew the lease upon its expiration. This notice must be served in accordance with the statutory requirements and within specified time frames set out in the Act. 3. Grounds for Termination: Landlords can terminate a lease for various reasons, known as "grounds" under the Act. Common grounds for termination include: 4. Tenant's Right to Respond: Upon receiving the Section 25 notice, the tenant has the right to respond by serving a "counter-notice" if they wish to oppose the landlord's termination proposal. The tenant may challenge the grounds for termination presented by the landlord. 5. Negotiation or Court Proceedings: If the parties cannot agree on the terms of termination or the validity of the grounds presented by the landlord, they may enter negotiations to try to resolve the matter. Alternatively, they can apply to the court for determination. 6. Court Proceedings: If the dispute proceeds to court, the court will evaluate the arguments and evidence presented by both parties to determine whether the landlord's proposed termination is valid. The court will consider factors such as the grounds for termination, the tenant's conduct, and the impact on both parties. 7. Compensation: If the court finds in favor of the landlord and determines that the termination is valid, the tenant may be entitled to compensation for the loss they incur as a result of the termination. This compensation may include costs associated with relocating their business. 8. Tenant's Right to Stay: If the tenant is unsuccessful in challenging the termination, the lease will come to an end, and the tenant will have to vacate the premises by the agreed-upon date. 9. Timing Considerations: It is important for both parties to adhere to the statutory timeframes and deadlines outlined in the Act when serving notices and responding to termination proposals. 10. Legal Advice: - Given the complexities of lease termination under the Landlord and Tenant Act 1954 (Part II), both landlords and tenants are advised to seek legal advice to understand their rights and obligations and to ensure compliance with the Act's requirements. Legal professionals can also assist in negotiations and court proceedings, if necessary. Termination by the landlord under the 1954 Act provides landlords with a means to regain possession of commercial premises when there are legitimate grounds for doing so. However, the process is subject to specific legal requirements and protections for tenants, and disputes may require resolution through negotiation or court proceedings. Legal advice is highly recommended for all parties involved in lease termination under the Act. landlord’s grounds of opposition. Under the Landlord and Tenant Act 1954 (Part II), landlords have the ability to oppose a tenant's request for lease renewal on specific grounds. These grounds for opposition allow landlords to regain possession of the commercial property when certain conditions or circumstances are met. Here are the common grounds of opposition available to landlords under the 1954 Act: 1. Tenant's Failure to Pay Rent: One of the most straightforward grounds for opposition is if the tenant has failed to pay rent consistently. If the tenant is in arrears with rent payments and has not remedied the situation, the landlord can oppose the lease renewal on this basis. 2. Substantial Breach of Lease Obligations: Landlords can oppose renewal if the tenant has committed substantial breaches of other lease obligations, aside from non-payment of rent. These breaches can include, but are not limited to: Failing to maintain and repair the property. Violating use restrictions or other terms of the lease. Creating nuisances or disturbances. Subletting or assigning the lease without consent, if consent was required. Engaging in illegal activities on the premises. 3. Landlord's Intention to Demolish or Reconstruct the Property: If the landlord intends to demolish or substantially reconstruct the property, and this cannot be done with the tenant in possession, they can oppose lease renewal. However, the landlord must prove their genuine intention and that they have the necessary planning permissions. 4. Landlord's Intention to Occupy the Property: Landlords can oppose renewal if they intend to occupy the property for their own business purposes or for the purposes of a close relative's business. Again, the landlord must demonstrate a bona fide intention to do so. 5. Landlord's Offer of Suitable Alternative Accommodation: If the landlord offers the tenant suitable alternative accommodation as a replacement for the current premises, the landlord can oppose renewal. 6. Compensation for the Tenant: In cases where the landlord successfully opposes renewal, the tenant may be entitled to compensation for the loss incurred as a result of the termination. This compensation may include costs associated with relocating the business. 7. Legal Process: If the landlord decides to oppose renewal on one or more of these grounds, they must follow the legal process outlined in the 1954 Act. This typically involves serving a Section 25 notice to the tenant, providing details of the grounds for opposition and the proposed terms for renewal. The tenant then has the right to respond with a counter-notice, and if an agreement cannot be reached, the matter may proceed to court for determination. It's important for landlords to carefully consider the grounds for opposition, as the 1954 Act provides certain protections for tenants. Landlords must also be prepared to provide evidence and documentation to support their case in the event of a dispute or court proceedings. Legal advice is often sought by both landlords and tenants to navigate the complexities of lease renewal and opposition under the 1954 Act. terms of new lease. Under the Landlord and Tenant Act 1954 (Part II) in English leasehold real estate law, when a commercial tenant has the right to renew their lease, certain terms and conditions for the new lease are established by the Act. Part II of the Act provides security of tenure to commercial tenants, allowing them to renew their leases and continue their occupancy of the rented premises. Here are key aspects of the terms of a new lease under the Landlord and Tenant Act 1954 (Part II): Terms Substantially the Same: One of the fundamental principles of the Act is that the terms of the new lease should be "substantially the same" as the terms of the expiring lease. This means that the essential terms and conditions of the expiring lease should be preserved in the new lease. Rent: The rent in the new lease should be the "market rent" at the time of the lease renewal. The market rent is the rent that a willing landlord might reasonably expect to receive from a willing tenant for the property in its current condition, considering any relevant factors. The market rent is usually determined through negotiation between the parties. If they cannot agree on the rent, they may need to seek a determination from an independent expert or, in some cases, from the court. Lease Term: The lease term for the new lease will typically be determined based on the parties' mutual agreement. The Act does not prescribe a specific lease term, but it should be of sufficient length to allow the tenant to continue their business operations effectively. Repair and Maintenance Obligations: The Act generally preserves the existing repairing obligations under the expiring lease. Therefore, if the expiring lease requires the tenant to maintain or repair the property, those obligations are likely to continue in the new lease. However, the parties have the flexibility to negotiate specific repair and maintenance provisions, so long as they are substantially the same as the expiring lease or are mutually agreed upon. Other Terms and Conditions: Other terms and conditions, such as service charges, insurance provisions, and user clauses (defining the permissible uses of the premises), should also be substantially the same as those in the expiring lease or agreed upon through negotiation. Break Clauses and Renewal Rights: The Act allows parties to negotiate the inclusion of break clauses or renewal rights in the new lease, but these clauses must be consistent with the principles of the Act and the tenant's right to renewal. Modifications and Amendments: While the Act preserves the principle of maintaining terms substantially the same, the parties have some flexibility to make minor modifications or amendments to the terms, as long as they do not substantially alter the tenant's rights or the nature of the lease. It's important to note that while the Act provides a framework for the terms of the new lease, much of the negotiation and agreement regarding these terms is left to the parties involved. Legal advice and consultation are often sought to ensure that the terms of the new lease comply with the Act and protect the interests of both the landlord and tenant. availability of compensation. The Landlord and Tenant Act 1954 (Part II) is a significant piece of legislation in English leasehold real estate law that primarily deals with the rights and obligations of landlords and commercial tenants concerning lease renewals. Part II of the Act focuses on providing security of tenure to commercial tenants, giving them the right to renew their leases and stay in their rented premises. Under this act, there are provisions related to the availability of compensation for both landlords and tenants. 1. Compensation for Landlords: Section 37 of the Landlord and Tenant Act 1954 allows landlords to claim compensation in specific situations where the tenant chooses not to renew the lease or if the tenant successfully opposes the renewal of the lease. Compensation is available to landlords for: 2. Compensation for Tenants: Section 37 also provides for compensation to tenants in certain circumstances. If the landlord successfully opposes the tenant's request for a new lease, the tenant may be entitled to compensation. This compensation is intended to help offset the disruption and costs associated with losing the tenancy. The tenant's entitlement to compensation may include: Costs of Quitting the Premises: This could include costs associated with relocating, finding new premises, or winding down the business. Costs of Relocating Fixtures and Fittings: If the tenant has made improvements to the premises that need to be removed or relocated, the cost of doing so may be recoverable. It's important to note that the availability and calculation of compensation can be complex and may depend on various factors, including the specific circumstances of the case, the terms of the lease, and the actions or decisions of the parties involved. Additionally, tenants and landlords have the right to apply to the court for a determination of the amount of compensation if they cannot reach an agreement through negotiation. Therefore, it's advisable for both parties to seek legal advice when dealing with lease renewals and compensation claims under the Landlord and Tenant Act 1954 (Part II) to ensure that their rights and obligations are properly understood and upheld within the legal framework. =Core principles of planning law= Statutory definition of “Development”. In English planning law, the statutory definition of "development" is provided in section 55 of the Town and Country Planning Act 1990. The definition is broad and encompasses a wide range of activities, including: 1. The carrying out of building, engineering, mining or other operations in, on, over or under land. 2. The making of any material change in the use of buildings or other land. 3. The subdivision of land. 4. The erection of a building. 5. The alteration or enlargement of an existing building. 6. The installation, alteration or replacement of a service or fitting in or on land or buildings. The definition of development is further expanded by the Town and Country Planning (General Permitted Development) Order 2015, which sets out a number of specific activities that are considered to be permitted development and therefore do not require planning permission. These include minor alterations and extensions to existing buildings, certain changes of use, and the installation of certain types of solar panels and antennas. It is important to note that the definition of development is broad and includes many different activities. Any proposed development that falls within the definition will require planning permission from the local planning authority, unless it is specifically permitted under the General Permitted Development Order or other legislation. Matters that do not constitute “Development”. In English planning law, there are certain activities that do not constitute "development" and therefore do not require planning permission. These are set out in the Town and Country Planning Act 1990 and include: 1. Maintenance and repair of existing buildings and structures, provided that the work does not involve a material change in the external appearance of the building. 2. Works required to comply with a statutory obligation, such as a building regulation or health and safety requirement. 3. Works that do not materially affect the external appearance of a building or structure, such as internal alterations. 4. Certain changes of use, such as changing a shop to a bank or a restaurant to a cafe, where the new use falls within the same "use class" as the old use. 5. Temporary uses of land or buildings for up to 28 days in any calendar year, such as fairs, circuses or markets. 6. Changes of use of certain types of agricultural land or buildings, provided that certain conditions are met. It is important to note that while these activities do not require planning permission, they may still be subject to other regulatory requirements, such as building regulations or environmental permits. Overall, the matters that do not constitute "development" under English planning law are limited and specific. Any proposed activity that does not fall within these exemptions will require planning permission from the local planning authority. Matters that do not require express planning permission. In English planning law, there are certain matters that do not require express planning permission and are considered to be permitted development. These are set out in the Town and Country Planning (General Permitted Development) Order 2015, and include: 1. Certain minor alterations and extensions to existing buildings, subject to certain limitations on size, location, and design. 2. Changes of use of existing buildings within the same "use class", subject to certain limitations and conditions. 3. Certain small-scale works, such as the installation of solar panels and antennas, subject to certain limitations and conditions. 4. Certain works to highways, such as the installation of signs, road markings, and traffic signals, subject to certain limitations and conditions. 5. Certain temporary uses of land, such as for filming, telecommunications infrastructure, and agricultural purposes, subject to certain limitations and conditions. It is important to note that even though these matters do not require express planning permission, they may still be subject to other regulatory requirements, such as building regulations, environmental permits, or listed building consent. In addition, some types of permitted development may require prior approval from the local planning authority before they can proceed. For example, certain types of minor alterations and extensions to existing buildings require prior approval for their design and external appearance. Overall, the matters that do not require express planning permission under English planning law are limited and subject to certain conditions and limitations. It is important to seek professional advice to ensure that any proposed development or works are permitted development and comply with all relevant regulations and requirements. Building regulation control. In English planning law, there are certain matters that do not require express planning permission and are considered to be permitted development. These are set out in the Town and Country Planning (General Permitted Development) Order 2015, and include: 1. Certain minor alterations and extensions to existing buildings, subject to certain limitations on size, location, and design. 2. Changes of use of existing buildings within the same "use class", subject to certain limitations and conditions. 3. Certain small-scale works, such as the installation of solar panels and antennas, subject to certain limitations and conditions. 4. Certain works to highways, such as the installation of signs, road markings, and traffic signals, subject to certain limitations and conditions. 5. Certain temporary uses of land, such as for filming, telecommunications infrastructure, and agricultural purposes, subject to certain limitations and conditions. It is important to note that even though these matters do not require express planning permission, they may still be subject to other regulatory requirements, such as building regulations, environmental permits, or listed building consent. In addition, some types of permitted development may require prior approval from the local planning authority before they can proceed. For example, certain types of minor alterations and extensions to existing buildings require prior approval for their design and external appearance. Overall, the matters that do not require express planning permission under English planning law are limited and subject to certain conditions and limitations. It is important to seek professional advice to ensure that any proposed development or works are permitted development and comply with all relevant regulations and requirements. Enforcement: time limits and the range of local planning authority’s enforcement powers. Under English planning law, the local planning authority has enforcement powers to take action against breaches of planning control. These powers are set out in the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990. The local planning authority has the power to take enforcement action within certain time limits. The time limits for taking enforcement action depend on the nature of the breach of planning control. The time limits are as follows: 1. For breaches of planning control involving operational development (such as the construction of a building or the carrying out of engineering operations), the time limit for taking enforcement action is four years from the date of the breach. 2. For breaches of planning control involving a change of use of land or buildings, the time limit for taking enforcement action is ten years from the date of the breach. 3. For breaches of planning control involving the failure to comply with a condition attached to a planning permission, the time limit for taking enforcement action is ten years from the date of the breach. The local planning authority's enforcement powers include: 1. Enforcement notices: These require the person responsible for the breach of planning control to take certain actions within a specified time period to remedy the breach. 2. Stop notices: These require the person responsible for the breach of planning control to stop the activity that is causing the breach. 3. Breach of condition notices: These require the person responsible for the breach of planning control to comply with a planning condition attached to a planning permission. 4. Injunctions: These are court orders requiring the person responsible for the breach of planning control to take certain actions or to refrain from taking certain actions. If the person responsible for the breach of planning control fails to comply with an enforcement notice or other enforcement action, the local planning authority may take further legal action, such as prosecution or the carrying out of the works required to remedy the breach themselves. Overall, the local planning authority's enforcement powers under English planning law are extensive and can be used to ensure compliance with planning control. It is important for property owners and developers to be aware of their obligations under planning law and to seek professional advice to avoid potential breaches of planning control. =Taxation – property=

Acing the SQE/Wills. =Wills and Intestacy= Validity of wills and codicils. Wills Act 1837, s 9 No will shall be valid unless: (a) it is in writing, and signed by the testator or by some other person in his presence and by his direction; and (b) it appears that the testator by his signature intended to give effect to the will; and (c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (d) each witness either – (i) attests and signs the will; or (ii) acknowledges his signature in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary. testamentary capacity. It refers to the legal requirement that a person must meet certain criteria in order to make a valid will. Alterations and amendments to wills. effect of alterations made to wills both before and after execution. The alteration is valid if it was made before execution. The intestacy rules. Section 46 of The Administration of Estates Act 1925. If there is a surviving spouse but no issue, the spouse is entitled to the entire estate. If there is a surviving spouse and issue, the spouse takes: personal chattels, 270,000 and one of the residue absolutely. If there is no surviving spouse: Property passing outside the estate. trust property. =Probate and Administration Practice= Claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975. Under English law, the Inheritance (Provision for Family and Dependants) Act 1975 (the "Act") allows certain individuals to make a claim against an estate if they believe that they have not been adequately provided for in the deceased's will or under the rules of intestacy. Time limit. The time limit for making a claim against an estate under the Act is 6 months from the grant of probate or letters of administration. However, in some circumstances, the court may allow a claim to proceed outside of the 6-month time limit. Applicants. The Act provides for a limited group of applicants who may make a claim against an estate, including: Grounds. In order to make a successful claim under the Act, the applicant must demonstrate that the deceased did not make "reasonable financial provision" for them in their will or under the rules of intestacy. What constitutes "reasonable financial provision" will depend on the specific circumstances of each case, but the court will consider factors such as the financial needs and resources of the applicant, the size and nature of the estate, and the needs of any other beneficiaries. It is worth noting that the Act does not give an absolute right to make a claim against an estate. The court has discretion to decide whether to grant an application and how much provision should be made. =Taxation – wills and the administration of estates=

Acing the SQE/Solicitors Accounts. The SRA (Solicitors Regulation Authority) Accounting Rules are a set of guidelines that solicitors in England and Wales must follow in order to ensure that their financial practices comply with the regulatory standards set forth by the SRA. The basic principle of the SRA Accounting Rules is to maintain a client's money in a separate account from the solicitor's own money. This ensures that the client's money is protected and can be returned to the client if necessary. The rules also require that accurate records are kept of all financial transactions related to the client's matter, including the amount of money received from the client, the date of receipt, the purpose for which the money is being held, and the amount paid out to the client or on their behalf. In addition to the requirement of keeping client money separate, the SRA Accounting Rules also govern the handling of other funds, such as office money and residual balances. Office money is the money that solicitors use for their own business purposes, such as paying office rent, salaries, and other expenses. Residual balances are funds left over in a client account after a matter has been completed, and the client's money has been paid out. =Client money= definition. Under the SRA Accounting Rules, client money refers to any money that a solicitor receives and holds on behalf of a client or third party in relation to their legal matter. This can include money received as payment for legal services, money held for disbursement on the client's behalf, or money held as security for future payments. Client money must be kept separate from a solicitor's own money and must be held in a designated client account. The client account must be clearly identified as a client account, and the bank must acknowledge that the account is being used to hold client money. The solicitor must also keep accurate records of all transactions involving client money, including the amount received, the date of receipt, and the purpose for which the money is being held. The SRA Accounting Rules place a high level of importance on the proper handling of client money to ensure that it is protected and can be returned to the client if necessary. Any interest earned on client money must also be accounted for and treated in accordance with the rules. accounting entries required.. =Client account= withdrawals and accounting entries required.. =Requirement to keep client money separate from money belonging to the authorised body= =Interest:= accounting entries required.. =Breach of the SRA Accounts Rules:= accounting entries required.. =Requirement to keep and maintain accurate records in client ledgers, including requirement to carry out reconciliation of client accounts and to keep a record of bills to include:= accounting entries required.. =Operation of joint account; operation of a client’s own account= =Third-party managed accounts= =Obtaining and delivery of accountants’ reports; storage and retention of accounting records=

Acing the SQE/Land Law. Core principles of land law ("Land Law") = Nature of Land = how to acquire and transfer legal and equitable estates. Acquiring and transferring legal and equitable estates in English land law involves a complex set of rules and procedures. It's important to note that land law in England is based on a historical framework, and the process may involve various legal instruments, such as contracts, deeds, and registrations. Here's a simplified overview of how one can acquire and transfer legal and equitable estates: Understanding Legal and Equitable Estates: In English land law, there are two types of estates: legal and equitable. Legal estates are recognized at law, while equitable estates arise in equity (a branch of law that supplements legal principles). Legal estates are typically acquired through formal legal processes, while equitable estates often involve trusts and equitable interests. Acquiring Legal Estates: The most common method of acquiring a legal estate is through the purchase of property. This involves the following steps: Offer and Acceptance: The buyer makes an offer, which the seller accepts, leading to a legally binding contract. Exchange of Contracts: The parties exchange signed contracts, which sets out the terms and conditions of the sale. Completion: On the agreed-upon completion date, the buyer pays the purchase price, and the seller transfers legal title to the buyer through a deed. Transferring Legal Estates: To transfer a legal estate, the property's owner must execute a deed (a formal legal document) that conveys the property to the new owner. The deed must meet certain formal requirements, such as being in writing, signed, and delivered. Acquiring Equitable Estates: Equitable estates often arise in the context of trusts. A trust is a legal arrangement where one party (the trustee) holds and manages property for the benefit of another (the beneficiary). Equitable interests can also be created through contracts or other equitable arrangements that don't necessarily involve the transfer of legal title. Transferring Equitable Estates: Equitable estates can be transferred through trust documents or agreements between the parties involved. The trustee may be required to execute a deed or another document to transfer the equitable interest to another party. Land Registration: In England, most land is registered with the Land Registry. Registration provides a clear record of legal and equitable interests in land. When a legal estate is transferred, it must be registered with the Land Registry to be effective. Stamp Duty Land Tax (SDLT): When acquiring a legal estate, the buyer is generally required to pay SDLT, a tax on land transactions, to the government. The amount depends on the property's value. how to acquire and dispose of legal and equitable interests in land. Acquiring and disposing of legal and equitable interests in land in English land law involves specific legal processes and requirements. Here's a step-by-step explanation of how one can acquire and dispose of these interests: Acquiring Legal Interests: Purchase of Property: The most common way to acquire a legal interest in land is by purchasing property. This typically involves the following steps: Offer and Acceptance: A buyer makes an offer to purchase a property, and the seller accepts the offer, creating a legally binding contract. Exchange of Contracts: The parties exchange signed contracts, outlining the terms and conditions of the sale. Completion: On the agreed-upon completion date, the buyer pays the purchase price, and the seller transfers legal title to the buyer through a deed. Transferring Legal Interests: To dispose of a legal interest in land, the property owner must execute a deed that formally conveys the property to the new owner. The deed must adhere to specific formal requirements, including being in writing, signed, and delivered. Acquiring Equitable Interests: Creation of Trusts: Equitable interests often arise within the context of trusts. A trust is a legal arrangement where one party (the trustee) holds and manages property for the benefit of another (the beneficiary). Equitable interests can also be created through contracts or other equitable arrangements that do not necessarily involve the transfer of legal title. Transferring Equitable Interests: Equitable interests can be transferred through trust documents or agreements between the involved parties. The trustee may be required to execute a deed or another document to transfer the equitable interest to another party. Land Registration: Land Registry: In England, most land is registered with the Land Registry. Registration provides a clear record of legal and equitable interests in land. When legal interests are transferred, they must be registered with the Land Registry to be legally effective. Stamp Duty Land Tax (SDLT): SDLT Liability: When acquiring a legal interest in land, the buyer is typically required to pay Stamp Duty Land Tax (SDLT), which is a tax on land transactions. The amount of SDLT owed depends on the property's value. legal formalities required to create and transfer interests and estates in land. = Title to Land = core principles of unregistered title to land:. continuing role of doctrine of notice.. =Co-ownership and Trusts:= solving disagreements between co-owners by reference to sections 14 and 15 of Trusts of Land & Appointment of Trustees Act 1996.. =Proprietary Rights:= mortgages, including enforceability of terms, priority of mortgages, lender’s powers and duties, and protection of mortgagors and other third parties with an interest in the land.. =Leases:=

Acing the SQE/Ethics. Professional Conduct. Principles, Solicitors Code, Firms Code. Firms must report breaches and remedy breaches themselves. Firms have a duty to make reasonable adjustments SRA Principles. You act: in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice. in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons. with independence. with honesty. with integrity. in a way that encourages equality, diversity and inclusion. in the best interests of each client. undertaking is a written or oral statement by a solicitor or member of a firm that they will do something. Undertakings can be enforced in court. Duty of honesty and confidentiality. The duty of confidentiality does not end when the client dies.

Acing the SQE/Trust Law. Core principles of trust law ("Trust Law") = Creation and requirements of express trusts: = the three certainties of intention, subject matter and objects. the certainty of objects is a crucial element in determining the validity of a trust. The certainty of objects refers to the requirement that a trust must identify the beneficiaries or objects of the trust with sufficient certainty. fixed interest trusts. The certainty of objects is usually satisfied because the beneficiaries are specifically identified and their interests are fixed and predetermined. For example, if a trust is established for the benefit of a particular individual, such as "to my daughter, Mary," the certainty of objects is satisfied because the beneficiary is clearly identified. discretionary trusts. In a discretionary trust, the certainty of objects is more complex. In a discretionary trust, the trustee has discretion to determine which beneficiaries should receive distributions from the trust. The trustee has the power to select and vary the beneficiaries, so the beneficiaries are not specifically identified or predetermined. In such cases, the trust instrument should provide sufficient guidance for the trustee to exercise his or her discretion. To satisfy the certainty of objects requirement in a discretionary trust, the trust instrument should provide clear guidance on the class of beneficiaries that the trustee may select from. For example, a trust may be established for the benefit of "my children and grandchildren," which would establish a clear class of potential beneficiaries. The trustee would then have the discretion to select which members of that class should receive distributions from the trust. formalities to create express inter vivos trusts. creating an express inter vivos trust (i.e., a trust created during the lifetime of the settlor) requires the following formalities: Capacity: The settlor must have the capacity to create the trust. This means that the settlor must be of sound mind and over the age of 18. If the settlor lacks capacity, any trust created by them may be void. Certainty of intention: The settlor must have a clear intention to create a trust. This intention must be expressed in clear and unambiguous terms. The court will not enforce an arrangement that is ambiguous or lacks the necessary intention to create a trust. Certainty of subject matter: The trust property must be identified or defined with sufficient certainty. This means that the property must be described with sufficient detail so that it can be distinguished from other property. The description can be specific or general, but it must be clear and unambiguous. Certainty of objects: The beneficiaries or objects of the trust must be identified or defined with sufficient certainty. This means that the beneficiaries must be described with sufficient detail so that it is clear who they are or what class they belong to. Formalities: The trust must be created in writing, signed by the settlor, and witnessed by at least one witness. If the trust property is land, the trust must be created by deed and must comply with the formalities required for the creation of a deed. In addition, if the trust is to be enforced against third parties, it must be registered with the relevant authorities, such as the Land Registry, if it involves land. It is important to note that failure to comply with the required formalities may render the trust void or unenforceable. Therefore, it is essential to consult a legal professional to ensure that the trust is created in compliance with all applicable legal requirements. constitution of express inter vivos trusts and exceptions to the rule that equity will not assist a volunteer. Constitution of express inter vivos trusts. The constitution of an express inter vivos trust is the process by which the trust is created and the property is transferred to the trustee. This process usually involves the transfer of legal title of the property from the settlor to the trustee, who holds it on trust for the beneficiaries. Transfer of Legal Title: The settlor transfers the legal title of the property to the trustee. This transfer can be made by deed, contract or other legal instrument. Declaration of Trust: The settlor declares that they hold the property on trust for the beneficiaries, and appoints the trustee to hold and manage the property on behalf of the beneficiaries. Exceptions to the rule that equity will not assist a volunteer under English law. Under English law, the general rule is that equity will not assist a volunteer, which means that a person who has not provided any consideration for a transaction will not be able to enforce it. However, there are a few exceptions to this rule in the context of trusts: Proprietary Estoppel: Where a person has relied on a promise or assurance made by the settlor that they would receive a share in the trust property, and has acted to their detriment on that basis, equity may intervene to prevent the settlor from going back on their promise. Unconscionable Conduct: Where the settlor has acted unconscionably in relation to the trust, equity may intervene to prevent them from relying on the volunteer rule. For example, if the settlor has made a promise to transfer the property to the volunteer, and then seeks to deny that promise for an improper reason. Gift with Reservation of Benefit: Where the settlor makes a gift of the property to the trust, but retains some benefit or enjoyment from it, equity may intervene to treat the gift as ineffective and ensure that the settlor is not able to benefit from the property while it is held in trust. It is important to note that these exceptions are narrowly defined, and each case will depend on its individual facts and circumstances. It is always advisable to seek legal advice if you are unsure about your legal rights in relation to a trust. = Beneficial entitlement = fixed, discretionary, vested, contingent interests. Fixed interests. a fixed interest is a type of beneficial entitlement that entitles a beneficiary to receive a fixed amount of income or capital from the trust property. This means that the beneficiary is entitled to receive a specific sum of money, which is predetermined by the terms of the trust. A fixed interest can be either a fixed income interest or a fixed capital interest. A fixed income interest entitles the beneficiary to a fixed amount of income from the trust property, which is typically paid out at regular intervals. A fixed capital interest, on the other hand, entitles the beneficiary to a fixed share of the trust property, which may be paid out as a lump sum or in installments. The key advantage of a fixed interest is that it provides a measure of certainty to the beneficiary. By knowing exactly how much income or capital they are entitled to receive, the beneficiary can plan their financial affairs with greater confidence. In addition, a fixed interest can provide some protection against inflation, as the amount of income or capital is fixed and not subject to fluctuations in the market. From the perspective of the trustees, a fixed interest can also be beneficial as it simplifies the administration of the trust. By having a fixed payment schedule, the trustees can plan their disbursements more easily and avoid any uncertainty about the amount of money that needs to be paid out. Overall, a fixed interest is a valuable tool under English trust law, providing a clear and certain entitlement for beneficiaries and simplifying the administration of the trust for trustees. discretionary interest. A discretionary interest is a type of beneficial entitlement that gives the trustees of the trust the power to decide whether and how much income or capital to distribute to a beneficiary. Unlike a fixed interest, a discretionary interest does not provide the beneficiary with a guaranteed entitlement to receive any income or capital from the trust. Under a discretionary trust, the trustees have the power to decide how much income or capital to distribute to each beneficiary, and when to make such distributions. This discretion is typically set out in the trust deed or other governing document, which may provide guidance on how the trustees should exercise their discretion. The main advantage of a discretionary interest is that it gives the trustees flexibility to respond to changing circumstances and to the individual needs of each beneficiary. For example, if a beneficiary is going through a difficult financial period, the trustees may choose to make a larger distribution to help them out. Alternatively, if a beneficiary is already financially secure, the trustees may choose to make little or no distribution. Another advantage of a discretionary interest is that it can provide protection against creditors or other third parties who may seek to make a claim on a beneficiary's assets. Because the beneficiary does not have a guaranteed entitlement to receive any income or capital from the trust, such assets are generally considered to be outside the reach of creditors or other claimants. However, one potential disadvantage of a discretionary interest is that the beneficiary has no guaranteed entitlement to receive any income or capital from the trust, which may result in uncertainty and unpredictability. Additionally, the trustees' discretion is not unlimited and they must act in good faith and in accordance with their duties under the trust deed and the law. vested interest. a vested interest refers to a beneficial interest that is certain to take effect in possession, either immediately or at some point in the future. A vested interest is a fixed and indefeasible right to the trust property, and the beneficiary who holds this interest is said to have a beneficial entitlement. A vested interest may arise in different ways, depending on the terms of the trust deed. For example, a trust may provide for a beneficiary to receive a specific sum of money at a certain age or event, or for the trust property to be distributed to the beneficiaries in equal shares on a specific date. In these situations, the beneficiary has a vested interest in the trust property, which means that their entitlement to the property is fixed and certain. Once a beneficiary's interest in a trust has vested, the beneficiary has the right to receive the trust property or income associated with that property. The trustee has a duty to distribute the trust property in accordance with the terms of the trust deed and the beneficiary's vested interest. It is important to note that a beneficiary's vested interest in a trust cannot be taken away without their consent, unless there are specific provisions in the trust deed that allow for this to happen. This means that the beneficiary's vested interest is protected by law and cannot be interfered with by the trustee or any other party. In summary, the beneficial entitlement of a vested interest under English trust law refers to a beneficiary's fixed and indefeasible right to the trust property, which arises when their interest in the trust has vested. Once a beneficiary's interest has vested, they have the right to receive the trust property or income associated with that property, and this right is protected by law. contingent interest. A contingent interest refers to a beneficial interest that is not certain to take effect. Unlike a vested interest, which is a fixed and certain right to the trust property, a contingent interest depends on the occurrence of a future event or condition. For example, a trust may provide that a beneficiary will receive a share of the trust property only if they reach a certain age or graduate from college. In this case, the beneficiary's interest in the trust is contingent on the occurrence of the specified event or condition. Until the event or condition is met, the beneficiary does not have a fixed right to the trust property. Once the future event or condition has been met, the beneficiary's interest becomes vested, and they acquire a beneficial entitlement to the trust property. Until that time, the beneficiary's interest is purely contingent and subject to change based on the occurrence of the future event or condition. It is important to note that the trustee has a duty to hold and manage the trust property in the best interests of the beneficiaries, even if their interests are contingent. The trustee must also keep the contingent beneficiaries informed about the trust and any relevant changes that may affect their interests. In summary, the beneficial entitlement of a contingent interest under English trust law refers to a beneficiary's interest in a trust that is not certain to take effect, but rather depends on the occurrence of a future event or condition. Once the event or condition has been met, the beneficiary's interest becomes vested, and they acquire a fixed and certain right to the trust property. Until that time, the beneficiary's interest is purely contingent and subject to change based on the occurrence of the future event or condition. the rule in Saunders v Vautier. The rule in Saunders v Vautier is a legal principle in English trust law that allows a beneficiary who is entitled to a vested and indefeasible interest in the trust property to demand the immediate transfer or distribution of the trust property to them. This rule is based on the common law case of Saunders v Vautier, which established the principle in 1841. The rule applies when a beneficiary has a vested and indefeasible interest in the trust property. This means that the beneficiary has an absolute right to the trust property and can demand it immediately, without having to wait for any future date or event. This is true even if the trust was created for a specific purpose or for a fixed term, and even if the trustees object to the transfer or distribution. For example, if a trust was created for the benefit of a minor child, and the trust deed stipulates that the beneficiary can only receive the trust property upon reaching the age of 25, the beneficiary could use the rule in Saunders v Vautier to demand the immediate transfer of the trust property to them once they have reached the age of 18. Similarly, if a trust was created for the benefit of several beneficiaries and one of them wants to take their share of the trust property immediately, they could use the rule to demand the transfer or distribution of their share. It is important to note that the rule in Saunders v Vautier only applies to beneficiaries with vested and indefeasible interests. If a beneficiary has a contingent or future interest in the trust property, they cannot use the rule to demand an immediate transfer or distribution. Overall, the rule in Saunders v Vautier provides beneficiaries with a powerful tool to demand the immediate transfer or distribution of trust property in certain circumstances, subject to their vested and indefeasible interest. =The distinction between charitable trusts and non-charitable purpose trusts= Charitable trusts and non-charitable purpose trusts are two distinct types of trusts, with different legal characteristics and requirements. A charitable trust is a trust established for charitable purposes, which are defined in law as being for the public benefit. Charitable purposes can include the relief of poverty, the advancement of education, the advancement of religion, and other similar purposes that benefit the community. To be considered a charitable trust, the trust must satisfy a number of legal requirements, including having a charitable purpose that is for the public benefit, and the trust property being used exclusively for that purpose. One important feature of charitable trusts is that they are subject to specific rules and regulations under charity law. For example, charitable trusts must register with the Charity Commission, which regulates and oversees charitable organizations in England and Wales. Charitable trusts also benefit from certain tax exemptions and reliefs. On the other hand, non-charitable purpose trusts are trusts that are established for a specific non-charitable purpose, such as the maintenance of a family pet or the preservation of a historic building. These trusts are not considered to be charitable trusts and do not benefit from the same legal and tax advantages. One key distinction between charitable trusts and non-charitable purpose trusts is that charitable trusts are considered to be public trusts, while non-charitable purpose trusts are generally private trusts. This means that charitable trusts are subject to greater public scrutiny and oversight, while non-charitable purpose trusts are generally more flexible and can be tailored to meet the specific needs of the settlor. =Resulting trusts= A resulting trust is a type of trust that arises when the legal ownership of property is transferred to one person, but that person holds the property on trust for another person. The resulting trust can arise in a number of different circumstances, but the most common situation is when property is transferred to one person, but that person does not pay for it, or pays less than the full value of the property. For example, if A buys a property and has it registered in the name of B, but does not intend to make a gift of the property to B, a resulting trust arises in favor of A. This is because the transfer of the property was not intended to create a beneficial interest in B, and it would be unfair to allow B to retain the property without compensating A. Resulting trusts can be either express or implied. An express resulting trust arises when the transferor of the property explicitly states that the transferee is to hold the property on trust for the transferor or for a third party. An implied resulting trust, on the other hand, arises from the circumstances surrounding the transfer of the property, rather than from an explicit statement. In addition to the common situation described above, resulting trusts can also arise in other circumstances, such as when a trust fails or when a trust comes to an end. In these situations, the property that was held on trust may be returned to the transferor or may be distributed among the beneficiaries of the trust, depending on the specific circumstances. Overall, resulting trusts are an important legal concept in English trust law, as they can be used to ensure that the true ownership of property is recognized and protected, even in situations where the legal ownership has been transferred to someone else. how they arise and when they are (or are not) presumed. Under English law, resulting trusts arise in two main ways: express and implied resulting trusts. An express resulting trust arises when the transferor of the property explicitly states that the transferee is to hold the property on trust for the transferor or for a third party. For example, if A buys a property and has it registered in the name of B, but then tells B that B is only holding the property on trust for A, an express resulting trust would arise. An implied resulting trust arises when the transferor of the property did not intend to make a gift of the property to the transferee, and the transferor did not intend for the transferee to have a beneficial interest in the property. Implied resulting trusts are further divided into two categories: automatic resulting trusts and presumed resulting trusts. Automatic resulting trusts arise in certain specific situations, such as where a trustee purchases property with trust funds and then registers the property in their own name, or where a joint owner of property dies and the surviving owner is deemed to hold the deceased owner's share on trust for their estate. Presumed resulting trusts, on the other hand, are not automatic but are presumed to arise in certain circumstances, such as when a parent transfers property to a child without any consideration, or when a partner contributes to the purchase price of a property, but the property is registered in the other partner's name. In these cases, the law presumes that the transferor did not intend to make a gift of the property, and the transferee holds the property on resulting trust for the transferor. It is important to note that a resulting trust is not presumed in all cases where there is a gratuitous transfer of property. If the transferor intended to make a gift of the property to the transferee, then no resulting trust arises. The burden of proving the existence of a resulting trust falls on the party alleging its existence, and the evidence must be sufficient to establish the intention of the transferor. Overall, resulting trusts are a complex area of English trust law, and their existence and terms will depend on the specific circumstances of each case. = Trusts of the family home: = establishment of a common intention constructive trust. trusts of the family home established as a common intention constructive trust are a type of trust that can arise when unmarried couples purchase a property together but do not hold it in joint names. This situation commonly arises where one partner pays for the property or contributes a larger proportion of the purchase price, but the property is registered in the other partner's name. In such cases, the partner who paid for or contributed to the purchase of the property may be able to claim a beneficial interest in the property on the basis of a common intention constructive trust. This means that although the legal title to the property is in the name of one partner, there is a trust created by operation of law to reflect the parties' shared understanding that they own the property jointly. To establish a common intention constructive trust, the partner seeking a beneficial interest in the property must show that there was a common intention, agreement or understanding between the parties that they would share the property beneficially, even though the legal title was not held jointly. The intention can be inferred from the conduct of the parties, such as how the purchase price was paid and how the property was used. The trust will reflect the terms of the common intention, which may be an equal share of the property or a share proportionate to the contributions made. The parties' intentions will be a question of fact for the court to determine based on the evidence available. The beneficial interest of the partner claiming the trust will depend on the specific circumstances of the case. For example, if the parties intended to hold the property equally, then the trust will reflect an equal beneficial interest. If one party contributed more to the purchase price, then they may be entitled to a larger beneficial interest. Overall, trusts of the family home established as a common intention constructive trust are an important legal concept in English trust law, as they can provide a means for unmarried couples to establish a beneficial interest in a property they have purchased together, even if the legal title is held in only one party's name. legal title in the name of both parties/sole party. In English trust law, the establishment of a common intention constructive trust in relation to the family home typically involves situations where property is held in the name of one party, but there is a shared understanding or agreement that the property is intended to be jointly owned. This concept is often referred to as a "common intention constructive trust," and it arises in the context of trusts of the family home. Here's an explanation of how legal title can be held in the name of both parties or a sole party when establishing a common intention constructive trust regarding the family home: Legal Title in the Name of Both Parties: In some cases, the family home may be legally owned by both parties. This means that the property's title deed reflects joint ownership, such as "Mr. and Mrs. Smith." When legal title is held jointly, it is often presumed that both parties have an equal beneficial interest in the property, typically a 50-50 split. However, the actual beneficial interests can vary depending on the specific circumstances and any prior agreements between the parties. The existence of a common intention to jointly own the property is often inferred from the joint legal title, but it can also be established through direct evidence, such as written agreements or verbal understandings between the parties. Legal Title in the Name of a Sole Party: In many cases, the family home may be legally owned by one party, often referred to as the "legal owner," while the other party, the "beneficial owner," claims a share of the property based on a common intention constructive trust. To establish a common intention constructive trust in such a situation, the beneficial owner must demonstrate that there was a shared understanding or agreement, either express or implied, that they would have a beneficial interest in the property despite not being on the legal title. The common intention may be inferred from various factors, such as financial contributions made by the beneficial owner, the parties' discussions about property ownership, or promises made by the legal owner. Once the common intention is established, the beneficial owner can argue that they have a beneficial interest in the property, and the court may recognize their claim. The court will then determine the extent of the beneficial interest based on the facts of the case. It's important to note that the establishment of a common intention constructive trust in relation to the family home can be complex and fact-specific. It often requires careful consideration of the parties' intentions, actions, and contributions. Legal advice from a solicitor with expertise in property law and trust law is highly recommended for individuals involved in such disputes or seeking to establish their beneficial interest in a family home held in the name of another party. express declaration or agreement as to equitable ownership. In English trust law, a common intention constructive trust can be established in relation to the family home when there is an express declaration or agreement as to equitable ownership between the parties involved. This legal concept recognizes that parties may have agreed, either in writing or verbally, to share beneficial ownership of a property even if the legal title is held in the name of one of the parties. Here's an explanation of how an express declaration or agreement plays a crucial role in establishing a common intention constructive trust: Express Declaration or Agreement: An "express declaration" or "express agreement" refers to a clear and unequivocal statement or understanding between the parties involved, explicitly outlining their intentions regarding the ownership of the property. This declaration or agreement can be made in various forms, including written documents (e.g., a cohabitation agreement, a trust deed, or a letter), verbal discussions, or a combination of both. The key requirement is that the declaration or agreement must be explicit and specific, leaving no room for doubt about the parties' shared intention to have equitable ownership rights in the property, despite the legal title being in the name of one party. Elements of Establishing a Common Intention Constructive Trust: To establish a common intention constructive trust based on an express declaration or agreement, the following elements typically need to be demonstrated: a. Agreement: There must be a clear agreement or understanding between the parties that they intended to share ownership of the property in a specific manner, such as a specific percentage or as joint tenants or tenants in common. b. Reliance: The party claiming a beneficial interest (the non-legal owner) must show that they relied on this agreement to their detriment. In other words, they must have acted, often by contributing financially or making other significant contributions, based on their understanding of the shared ownership arrangement. c. Detriment: Detriment refers to the economic or financial sacrifices made by the party claiming the beneficial interest. This could include contributing to mortgage payments, renovation costs, or maintenance expenses. d. Unconscionability: It must be unconscionable or unfair for the legal owner to go back on their agreement or understanding with the non-legal owner. Unconscionability involves a sense of injustice or inequity if the agreement were not honored. Legal Remedies: If these elements are successfully established in court, the legal owner may be required to recognize the non-legal owner's beneficial interest in the property. The court can order various remedies, including a declaration of trust, specifying the parties' respective shares, or even a sale of the property with proceeds divided according to the shared intentions. In summary, an express declaration or agreement as to equitable ownership is a crucial element in establishing a common intention constructive trust in relation to the family home. It involves a clear and explicit understanding between the parties about how they intended to share ownership, and it must be accompanied by evidence of reliance and detriment by the non-legal owner. Legal advice is essential when dealing with such matters, as the specific circumstances of each case can greatly affect the outcome. direct and indirect contributions. In English trust law, when establishing a common intention constructive trust regarding trusts of the family home, the contributions made by the parties involved, both directly and indirectly, play a significant role in determining their equitable interests in the property. These contributions are essential elements in proving the existence of a common intention to share ownership. Here's an explanation of direct and indirect contributions in this context: Direct Contributions: Direct contributions refer to financial or non-financial contributions made by one or both parties towards the acquisition, maintenance, improvement, or mortgage payments of the family home. These contributions are often tangible and quantifiable. Types of direct contributions may include: Financial Contributions: Payments made towards the purchase price of the property, mortgage payments, property taxes, utility bills, and other household expenses. Non-Financial Contributions: Non-financial efforts, such as home renovations, repairs, or maintenance work, which enhance the value of the property. Initial Purchase Price: The actual payment or financing of the initial purchase price of the property. The key is to establish a direct link between these contributions and the understanding or agreement between the parties regarding shared ownership. It should be evident that these contributions were made with the intention of benefiting both parties' interests in the property. Indirect Contributions: Indirect contributions are more intangible and may involve contributions that indirectly enhance the value of the property or support the family's well-being. These contributions are not as easily quantifiable as direct financial contributions but can still be vital in demonstrating a common intention. Types of indirect contributions may include: Contributions to the Family's Welfare: Contributions to the family's well-being, such as homemaking, childcare, or caring for the family's elderly members, can indirectly support the family home's stability and contribute to its value. Career Sacrifices: Career or employment sacrifices made by one party to allow the other party to further their career or education, thus benefiting the family and indirectly contributing to the family home. Like direct contributions, it is essential to establish that these indirect contributions were made with the understanding that they would be recognized in the form of shared ownership rights. Proving a Common Intention: To establish a common intention constructive trust, the party claiming a beneficial interest (usually the non-legal owner) must demonstrate that they made contributions, either directly or indirectly, based on the understanding that they would have a share in the property. Evidence of this shared intention may include written agreements, correspondence, verbal discussions, or other forms of communication between the parties that reflect their understanding of shared ownership. The court will consider the totality of the circumstances, including the nature and extent of contributions, to determine the parties' equitable interests in the property. In summary, both direct and indirect contributions are essential factors in establishing a common intention constructive trust regarding trusts of the family home under English trust law. These contributions must be made with the understanding that they would contribute to shared ownership. Legal advice is crucial when dealing with such matters, as the specific circumstances of each case can greatly affect the outcome. requirements to establish proprietary estoppel. Proprietary estoppel is a legal doctrine under English law that may be used to establish a claim to a beneficial interest in property based on a promise, representation, or assurance made by the legal owner of the property. In the context of trusts of the family home, proprietary estoppel may be used by a person who has made contributions to a property held in the name of another person to claim a beneficial interest in the property. To establish a claim based on proprietary estoppel, the claimant must satisfy three requirements: Assurance or representation: The legal owner of the property must have made an assurance or representation to the claimant that they will have some sort of beneficial interest in the property. This assurance may be express, such as a promise made directly to the claimant, or it may be implied, such as by the conduct of the legal owner. Reliance: The claimant must have relied on the assurance or representation, and taken some action on the basis of that reliance. This action may be a financial contribution towards the property or some other form of contribution, such as labor or other work carried out on the property. Detriment: The claimant must have suffered some form of detriment as a result of their reliance on the assurance or representation made by the legal owner. This detriment may be financial, such as the loss of money spent on contributions towards the property, or it may be in the form of some other loss, such as the time and effort expended on maintaining and improving the property. If the claimant can satisfy these three requirements, they may be able to establish a claim to a beneficial interest in the property, even if the legal title to the property is held in the name of another person. Overall, proprietary estoppel is a complex area of English trust law, and its application in the context of trusts of the family home will depend on the specific circumstances of each case. =Liability of strangers to the trust= strangers to a trust may sometimes be held liable to the beneficiaries of the trust for losses suffered as a result of a breach of trust. This liability can arise in a number of ways, including through knowing assistance, knowing receipt, or through the doctrine of equitable fraud. establishing recipient liability. a stranger to a trust is a person who is not a trustee or a beneficiary of the trust. In some cases, a stranger to a trust may become liable to the beneficiaries of the trust if they receive trust property knowing that it is held in trust and they have no right to it. This is known as recipient liability. To establish recipient liability, the following conditions must be met: The property must be trust property: The property received by the stranger must be trust property, meaning that it is held by the trustee for the benefit of the beneficiaries of the trust. The stranger must have received the property: The stranger must have received the trust property, either directly from the trustee or from someone else who was not authorized to transfer the property. The stranger must have known that the property was held on trust: The stranger must have known or ought to have known that the property was held in trust and that they had no right to it. This may be inferred from the circumstances of the transaction, such as if the stranger knew that the property was being sold for the benefit of the trust. The stranger must have received the property in breach of trust: The stranger must have received the property in breach of trust, either because the trustee did not have the authority to transfer the property, or because the transfer of the property was not in the best interests of the beneficiaries of the trust. If these conditions are met, the stranger who received the trust property may be liable to the beneficiaries of the trust for any losses suffered as a result of the breach of trust. This may include the value of the trust property that was received, any profits made from the trust property, and any other losses suffered by the beneficiaries as a result of the stranger's actions. Overall, recipient liability is an important concept in English trust law, as it provides a means for beneficiaries to hold strangers to a trust accountable for any breaches of trust that may occur. establishing accessory liability. A stranger to the trust can be held liable as an accessory if they assist or participate in a breach of trust by a trustee. To establish accessory liability of strangers to the trust, the following elements must be proven: The existence of a trust: The first requirement is to establish that a trust exists. This means that there must be a settlor who has created a trust, a trustee who is responsible for managing the trust assets, and beneficiaries who are entitled to the benefits of the trust. A breach of trust by the trustee: The second requirement is to establish that the trustee has breached their duties to the trust. This could include a failure to act in the best interests of the beneficiaries, a failure to properly invest trust assets, or a failure to distribute trust assets to the beneficiaries as required. Assistance or participation by the stranger: The third requirement is to establish that the stranger to the trust has assisted or participated in the breach of trust by the trustee. This could include knowingly receiving trust assets from the trustee that were obtained through a breach of trust, giving advice or encouragement to the trustee to commit the breach, or actively participating in the breach. Dishonesty or knowledge of the breach: The fourth requirement is to establish that the stranger acted dishonestly or had knowledge of the breach of trust. This means that the stranger must have known that the actions they were assisting or participating in were a breach of the trustee's duties to the trust. If these four requirements are met, the stranger to the trust may be held liable as an accessory to the breach of trust. This means that they will be responsible for any losses suffered by the trust as a result of the breach, and may be required to compensate the beneficiaries for those losses. It is important to note that establishing accessory liability can be a complex and challenging process, and it is recommended that legal advice is sought in such cases. = The fiduciary relationship and its obligations: = duty not to profit from fiduciary position. a trustee has a duty not to profit from their fiduciary position. This duty is based on the principle that a trustee must act in the best interests of the beneficiaries and not use their position for personal gain. The duty not to profit requires the trustee to act with utmost good faith and avoid any conflicts of interest. The following are the trustee's obligations under the duty not to profit: Duty to avoid conflicts of interest: A trustee must avoid any situation where their personal interests conflict with the interests of the trust. This means that a trustee cannot enter into any transactions with the trust or take advantage of any opportunities that come to them as a result of their position as trustee. Duty to disclose conflicts of interest: If a trustee does find themselves in a situation where their personal interests conflict with those of the trust, they must disclose this conflict to the beneficiaries. This duty of disclosure helps to ensure that the beneficiaries are aware of any potential conflicts and can take steps to protect their interests. Duty to account for profits: If a trustee does make a profit as a result of their position as trustee, they must account for that profit and return it to the trust. This duty is designed to prevent trustees from using their position for personal gain and to ensure that any benefits that come from the trust are distributed to the beneficiaries. Duty to act in the best interests of the beneficiaries: Finally, the duty not to profit is part of the broader duty that a trustee has to act in the best interests of the beneficiaries. This means that a trustee must always act with the utmost good faith and make decisions that are in the best interests of the trust and its beneficiaries. In summary, the duty not to profit is an important part of a trustee's obligations under English trust law. It helps to ensure that trustees act in the best interests of the beneficiaries and avoid any conflicts of interest that may arise as a result of their fiduciary position. By fulfilling this duty, trustees can help to maintain the trust and confidence of the beneficiaries in the management of the trust assets. trustees not to purchase trust property. Trustees are obliged not to purchase trust property, unless there is an express power to do so in the trust instrument or a court order allowing them to do so. This is known as the rule against self-dealing. The reason for this rule is to prevent conflicts of interest and ensure that trustees act in the best interests of the beneficiaries. If a trustee were to purchase trust property, they would be both the seller and the buyer, and could potentially benefit themselves at the expense of the beneficiaries. This goes against the fiduciary duty that trustees owe to the beneficiaries, which requires them to act in good faith, with loyalty, and in the best interests of the beneficiaries. However, there are some exceptions to this rule. For example, trustees may be allowed to purchase trust property if they obtain the consent of all the beneficiaries, or if the purchase is authorized by the court. Additionally, if the trust instrument specifically allows for the trustees to purchase trust property, then they may do so. fiduciary not to put himself in a position where his interest and duty conflict. a fiduciary has an obligation not to put themselves in a position where their personal interests conflict with their duties to act in the best interests of their beneficiary. This is known as the duty of loyalty and arises from the fiduciary relationship between the trustee and the beneficiary. The duty of loyalty requires the fiduciary to act in good faith, to avoid conflicts of interest, and to act solely in the interests of the beneficiary. This means that the fiduciary should not allow their own personal interests to influence their decisions or actions, and they should not put themselves in a position where their personal interests conflict with their duties to the beneficiary. For example, if a trustee owns a business and the trust invests in that business, the trustee must disclose this to the beneficiaries and seek their consent to the investment. If the trustee does not disclose this conflict of interest, they could be in breach of their duty of loyalty. Similarly, if a trustee has a personal interest in a particular investment, they should not make that investment on behalf of the trust without first disclosing the conflict of interest to the beneficiaries and seeking their consent. If a fiduciary breaches their duty of loyalty by putting themselves in a position where their personal interests conflict with their duties to the beneficiary, they can be held liable for any losses suffered by the beneficiary as a result. They may also be required to account for any profits they made as a result of the breach. = Trustees: = who can be a trustee; appointment, removal and retirement of trustees. Who can be a trustee. any individual or legal entity can be a trustee, subject to certain restrictions and qualifications. Individual trustees can be any person who is legally competent to hold property, regardless of their age, gender, nationality or residency. However, a person who is bankrupt or has been convicted of a crime involving dishonesty or fraud may be disqualified from acting as a trustee. In addition to individual trustees, legal entities such as corporations, charities, and other organizations can also act as trustees. In these cases, the legal entity must be capable of holding property and have the necessary legal capacity to act as a trustee. The entity must also have the power to appoint a natural person as its representative to act as a trustee on its behalf. It is common for trusts to have multiple trustees, which can be a combination of individual and corporate trustees. This can help to ensure that the trust is managed effectively and that decisions are made in the best interests of the beneficiaries. It is important to note that in order to be a trustee, a person or legal entity must be willing to assume the duties and responsibilities of a trustee. This includes the duty to act in good faith, to avoid conflicts of interest, to act prudently and with due care, and to act solely in the interests of the beneficiaries. A person or entity that is not willing or able to fulfill these duties should not act as a trustee. Trustee appointment. a trustee can be appointed in a number of ways, depending on the specific circumstances of the trust. The most common ways of appointing a trustee are as follows: Appointment in the trust instrument: A trustee can be appointed in the trust instrument itself, which is the legal document that creates the trust. The trust instrument can name one or more individuals or legal entities as trustees, and can also specify the terms and conditions of the appointment. Appointment by the settlor: The settlor, who is the person creating the trust, can also appoint one or more trustees. This can be done either before or after the trust is created, and can be done by way of a written instrument or a verbal declaration. Appointment by a co-trustee: If the trust already has one or more trustees, they can appoint an additional trustee to act alongside them. This can be done either with the consent of the beneficiaries or by way of a court order. Appointment by the court: In some cases, the court may appoint a trustee to act in the best interests of the beneficiaries. This can happen if there is no trustee in place, if the existing trustee has died or is unable to act, or if there is a dispute between the trustee and the beneficiaries. Once a trustee has been appointed, they have a duty to carry out their responsibilities in accordance with the terms of the trust and the law. This includes managing the trust property, investing the trust funds, and distributing income and capital to the beneficiaries as required by the trust instrument. Trustee removal. a trustee may be removed from their position in certain circumstances. The following are some of the common reasons why a trustee may be removed: Breach of trust: If a trustee breaches their duties and obligations under the trust, they may be removed. This can include cases where the trustee has acted dishonestly, failed to act in the best interests of the beneficiaries, or failed to properly manage the trust property. Incapacity: If a trustee becomes physically or mentally incapable of carrying out their duties, they may be removed from their position. Conflict of interest: If a trustee develops a conflict of interest that cannot be resolved, they may be removed. For example, if a trustee has a personal interest in a particular transaction that is being considered by the trust, they may be required to step down. Resignation: A trustee may resign from their position at any time, although they must follow the proper procedures for doing so. Court order: The court may order the removal of a trustee if it is in the best interests of the beneficiaries to do so. This can happen if there is a dispute between the trustee and the beneficiaries, or if the trustee has acted improperly. The process for removing a trustee will depend on the specific circumstances of the case. In some cases, the trustee may be able to resign voluntarily. In other cases, the beneficiaries may need to seek a court order to remove the trustee. In general, the process for removing a trustee will involve notifying the trustee of the intention to remove them, and providing them with an opportunity to respond. The beneficiaries will need to provide evidence to support their case for removing the trustee, and may need to attend a court hearing to make their case. Trustee retirement. a trustee may retire from their position if they wish to do so. The following are some of the key aspects of retiring as a trustee: Trust instrument: The first step in retiring as a trustee is to review the trust instrument to determine if there are any specific provisions relating to retirement. The trust instrument may specify how a trustee can retire, and may include terms and conditions for doing so. Notice: The trustee must provide notice of their intention to retire to the other trustees and the beneficiaries of the trust. The notice should include the effective date of the retirement, and may also include any other relevant details. Replacement: If the retiring trustee is the only trustee, a replacement trustee will need to be appointed to ensure the continuity of the trust. The trust instrument may specify how the replacement trustee is to be appointed, or the beneficiaries may be required to make the appointment. Handover: The retiring trustee must ensure that all trust property and documents are properly handed over to the replacement trustee, and that all necessary steps are taken to transfer any legal title to the trust property. Liability: The retiring trustee may still be liable for any actions they took while they were a trustee, even after they retire. To avoid this, the trustee should ensure that they have properly fulfilled their duties and obligations under the trust before retiring. It is important to note that the process for retiring as a trustee may vary depending on the specific circumstances of the case. In some cases, the trust instrument may provide detailed guidance on the retirement process, while in other cases, the trustees and beneficiaries may need to work together to develop a plan for the retirement of the trustee. trustees’ duty of care. trustees have a duty of care towards the beneficiaries of the trust. This duty of care is intended to ensure that the trustees act in the best interests of the beneficiaries and do not act negligently or recklessly. The following are some of the key aspects of the trustees' duty of care: Prudent management: Trustees are required to manage the trust property in a prudent manner, taking into account the best interests of the beneficiaries. This may include investing trust assets wisely and taking appropriate risks to achieve the objectives of the trust. Standard of care: Trustees are required to exercise a reasonable standard of care in the management of the trust property. This means that they must act with the same degree of care and skill that an ordinary, prudent person would use in similar circumstances. Professional advice: Trustees may be held to a higher standard of care if they have special knowledge or expertise in a particular area. In such cases, the trustees may be expected to seek professional advice to ensure that they are making informed decisions. Record keeping: Trustees are required to keep accurate and up-to-date records of all trust transactions and decisions, and to provide regular reports to the beneficiaries on the state of the trust. Delegation: Trustees may delegate certain tasks to others, but they remain responsible for the proper management of the trust property. This means that they must exercise care in selecting and supervising any agents or advisors that they appoint. Avoiding conflicts of interest: Trustees must avoid any conflicts of interest that may arise between their own interests and those of the beneficiaries. If a conflict of interest does arise, the trustee must disclose it to the other trustees and beneficiaries and take appropriate steps to manage it. If a trustee breaches their duty of care, they may be liable to the beneficiaries for any losses or damages that result. The specific consequences of a breach of the duty of care will depend on the circumstances of the case. trustees’ duty to invest (and powers in relation to investment). Trustees have a duty to invest trust assets in a prudent and profitable manner. The duty to invest requires trustees to act in the best interests of the beneficiaries, taking into account a range of factors such as the objectives of the trust, the level of risk involved, and the need to balance the interests of current and future beneficiaries. At the same time, trustees are also granted a range of powers under English trust law to help them fulfill their investment duty. The following are some of the key aspects of trustees’ duty to invest and their powers in relation to investment: Duty to invest: Trustees are required to invest trust assets in a way that is likely to achieve the best return for the beneficiaries while taking into account the risks involved. The investment strategy should be consistent with the terms of the trust and the objectives of the beneficiaries. Standard of care: Trustees must exercise a reasonable standard of care when making investment decisions. This means that they must take appropriate advice, keep up-to-date with market developments, and act in accordance with a prudent investor rule. Power to delegate: Trustees may delegate the investment function to a professional investment manager or adviser, provided they exercise due diligence in the selection and monitoring of the manager or adviser. Power to vary investments: Trustees may sell or buy investments, vary the portfolio of investments and borrow money, provided the decision is made in the best interests of the beneficiaries. Power to invest in land: Trustees may invest in land if it is consistent with the terms of the trust and is likely to achieve the best return for the beneficiaries. Diversification: Trustees are encouraged to diversify their investments to reduce risk. Professional advice: Trustees should seek professional advice from qualified investment advisers if they are uncertain about their duties or powers or when making specific investment decisions. If a trustee breaches their duty to invest or misuses their powers in relation to investment, they may be liable for any losses that result. The consequences of a breach or misuse will depend on the specific circumstances of the case. trustees’ statutory powers of maintenance and advancement.. trustees have statutory powers of maintenance and advancement which enable them to use trust property to support the maintenance and advancement of beneficiaries. These powers are designed to help trustees fulfill their duty to act in the best interests of the beneficiaries by providing them with financial support as needed. The following are some of the key aspects of trustees' statutory powers of maintenance and advancement: Maintenance: Trustees have the power to use trust income and/or capital to provide for the maintenance of a beneficiary. This includes the provision of food, clothing, and shelter, as well as other necessities of life. Advancement: Trustees have the power to use trust capital to advance the interests of a beneficiary, such as paying for education or training. The power to advance is limited to a specific percentage of the beneficiary's share of the trust property or a specific amount determined by the trustees. Age restrictions: The power of advancement can only be exercised for a beneficiary who is under the age of 18, or for a beneficiary who is over the age of 18 but has not yet reached a certain age specified in the trust deed. Standard of care: Trustees must exercise a reasonable standard of care when making decisions about maintenance and advancement, taking into account the best interests of the beneficiaries and the objectives of the trust. Record keeping: Trustees are required to keep accurate and up-to-date records of all decisions relating to maintenance and advancement, and to provide regular reports to the beneficiaries on the state of the trust. Limited power: The power of maintenance and advancement is a limited power and cannot be used to provide for the general welfare of a beneficiary, or to provide gifts or benefits that are not necessary for the maintenance or advancement of the beneficiary. If a trustee breaches their duty when using the powers of maintenance and advancement, they may be liable to the beneficiaries for any losses or damages that result. The consequences of a breach will depend on the specific circumstances of the case. = Trustees’ liability= breach of trust. trustees can be held liable for breach of trust if they fail to fulfill their duties and obligations as trustees. A breach of trust occurs when a trustee acts or fails to act in a way that is inconsistent with their obligations to the beneficiaries of the trust. The liability of a trustee for breach of trust is both personal and unlimited, which means that they may be held personally responsible for any loss suffered by the trust as a result of their breach of trust. This liability may extend to their personal assets, even if they have acted in good faith and with the best interests of the trust in mind. The following are some examples of situations where a trustee may be held liable for breach of trust: Failure to invest prudently: Trustees have a duty to invest trust assets prudently and with the aim of achieving the best returns for the beneficiaries. If a trustee fails to invest prudently, or invests in high-risk investments without proper consideration, they may be held liable for any loss suffered by the trust. Misappropriation of trust property: Trustees are not allowed to use trust property for their own personal benefit. If a trustee misappropriates trust property for their own use, they may be held liable for any loss suffered by the trust as a result. Failure to keep proper accounts: Trustees are required to keep accurate records of all transactions relating to the trust. If a trustee fails to keep proper accounts, or fails to provide beneficiaries with sufficient information about the trust, they may be held liable for breach of trust. Conflicts of interest: Trustees have a duty to act in the best interests of the beneficiaries and to avoid any conflicts of interest. If a trustee has a conflict of interest, or stands to benefit personally from a transaction involving the trust, they may be held liable for any loss suffered by the trust as a result. If a trustee is found to have breached their duties and obligations, they may be required to compensate the trust for any loss suffered as a result of their breach. In addition, they may be removed from their position as trustee and may be disqualified from acting as a trustee in the future. In extreme cases, they may also face legal action and potential criminal sanctions. measure of liability. the measure of liability for trustees who breach their duties and obligations varies depending on the nature and extent of the breach. The starting point is that trustees are personally liable for any loss suffered by the trust as a result of a breach of trust. This liability is unlimited, which means that trustees may be held personally responsible for the entire amount of the loss suffered by the trust. However, trustees may be able to limit their liability if they can show that they have acted in good faith and with the best interests of the beneficiaries in mind. For example, if a trustee invests in a high-risk investment that ultimately fails, but can show that they made the investment based on expert advice and with the aim of achieving the best possible returns for the beneficiaries, they may be able to limit their liability. In addition, trustees may also be able to rely on certain statutory protections that limit their liability in certain circumstances. For example, the Trustee Act 2000 provides that a trustee who acts reasonably and prudently in the management of trust investments will not be liable for any loss suffered by the trust as a result of those investments. Ultimately, the measure of liability for trustees will depend on the specific facts and circumstances of each case, as well as the nature and extent of the breach. In general, trustees should take their duties and obligations seriously, act in the best interests of the beneficiaries, and seek professional advice if they are unsure about any aspect of their role as a trustee. By doing so, they can help to limit their liability and protect the interests of the beneficiaries. protection of trustees. trustees are entitled to certain protections that can help to limit their liability and provide them with some degree of protection against claims and legal action. Some of the key protections available to trustees include: Indemnity: Trustees are entitled to be indemnified out of the trust property for any expenses or liabilities incurred in the proper performance of their duties. This means that if a trustee incurs expenses or is held liable for a breach of trust, they can be reimbursed from the trust property, provided that they acted properly and in accordance with their duties. Exoneration: Trustees are entitled to be exonerated from liability for any breach of trust that was not their fault. For example, if a trustee relies on professional advice when making an investment decision, and the investment ultimately fails, they may be able to argue that they are not liable for the loss suffered by the trust. Limitation of liability: Trustees may be able to limit their liability for breach of trust in certain circumstances. For example, if a trustee acts reasonably and prudently in the management of trust investments, they may be protected from liability under the Trustee Act 2000. Professional advice: Trustees are entitled to seek professional advice when making decisions about the management of the trust. If a trustee relies on professional advice in making a decision, they may be able to avoid liability for any losses suffered by the trust as a result. Trustee insurance: Trustees may be able to purchase insurance to protect themselves against claims and legal action. Trustee insurance can provide coverage for legal fees, damages, and other costs associated with a breach of trust. It is important to note, however, that these protections are not absolute, and trustees can still be held liable for breaches of trust in certain circumstances. Trustees should therefore take their duties and obligations seriously, seek professional advice where necessary, and act in the best interests of the beneficiaries at all times. limitation period.. the limitation period for trustees' liability is set out in the Limitation Act 1980. The Act sets out a general time limit of six years from the date of the breach of trust for any action against a trustee for breach of trust. This means that beneficiaries or other interested parties have six years from the date of the breach of trust to bring legal action against a trustee. If legal action is not taken within this time period, the claim will usually be time-barred, and the trustee will no longer be liable for the breach of trust. However, there are certain circumstances in which the limitation period may be extended. For example, if a beneficiary was under a disability (e.g. they were under 18 years of age or lacked mental capacity) at the time of the breach of trust, the limitation period may be extended until three years after the beneficiary has recovered from the disability. Similarly, if the breach of trust was fraudulent, the limitation period may be extended to 12 years from the date of the breach. It is important to note that the six-year limitation period applies to all claims for breach of trust, regardless of whether the trustee has acted negligently or intentionally. Trustees should therefore be aware of the limitation period and ensure that they take their duties and obligations seriously to avoid breaching the trust and potentially being held liable. They should also keep accurate records of their actions as trustees, in case legal action is taken against them at a later date. = The nature of equitable remedies and the availability of tracing in equity= Equitable remedies are a set of remedies available under English trust law that are designed to provide relief in situations where a breach of trust or breach of fiduciary duty has occurred. Equitable remedies are generally considered to be more flexible and discretionary than legal remedies, and are aimed at achieving a just and equitable outcome in the particular circumstances of the case. Some of the main equitable remedies available under English trust law include: Injunctions: An injunction is a court order that requires a party to either do or refrain from doing something. In the context of trusts, an injunction may be used to prevent a trustee from taking actions that would be in breach of their duties, or to compel them to perform certain actions that they are required to do under the terms of the trust. Rescission: Rescission is a remedy that allows a contract or transaction to be set aside, usually due to some form of misrepresentation, mistake, or undue influence. In the context of trusts, rescission may be used to set aside a transaction that was entered into by a trustee in breach of their duties. Account of profits: An account of profits is a remedy that requires a person who has received a benefit as a result of a breach of trust or breach of fiduciary duty to give up the profits that they have gained. This remedy is designed to prevent unjust enrichment, and to ensure that the beneficiaries of the trust receive the benefits to which they are entitled. Specific performance: Specific performance is a remedy that requires a party to perform a specific obligation, usually under a contract or agreement. In the context of trusts, specific performance may be used to compel a trustee to carry out their duties under the terms of the trust. Rectification: Rectification is a remedy that allows a document or instrument to be corrected in order to reflect the true intentions of the parties involved. In the context of trusts, rectification may be used to correct errors or misunderstandings in the trust document or other related documents. Overall, equitable remedies provide a range of tools that can be used to enforce the rights of beneficiaries and to hold trustees accountable for breaches of their duties. The precise remedy that is appropriate in a particular case will depend on the specific facts and circumstances involved, and will be determined by the court on a case-by-case basis.

Acing the SQE/Criminal Law. The core principles of criminal liability ("Criminal Law") relating to the specified criminal offences listed below: =Specified criminal offences= offences against the person. s. 47 Offences Against the Person Act 1861. Assault occasioning Actual Bodily Harm (ABH) A person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan [1934] 2 KB 498). s. 20 Offences Against the Person Act 1861. mens reas for GBH: D intended, or actually foresaw, that the act might cause some harm theft offences. s. 9 Theft Act 1968 (Burglary). There are two types of burglary: (a) Burglary by Trespass with Intent: he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) Burglary by Offence Following Trespassory Entry: having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. criminal damage. Section 1(1) Criminal Damage Act 1971 - A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence. simple criminal damage. This falls under s.1(1) of the Criminal Damage Act and requires damage/destruction of property belonging to another (AR) and intention or reckless (MR) aggravated criminal damage. This falls under s.1(2) of the Criminal Damage Act with intention to endanger life or being reckless whether life is endangered. arson. This falls under s.1(3) of the Criminal Damage Act where damage/destruction caused by fire. homicide. murder. Murder is committed where a person unlawfully causes the death of another person with an intention to kill or cause GBH involuntary manslaughter. IM is unlawful killing is done without an intention to kill or to cause grievous bodily harm. There are two types of involuntary manslaughter, that caused by the defendant's gross negligence and that caused by his unlawful or dangerous act. fraud. Fraud by false representation. section 2 Fraud by abuse of position. section 3 Fraud by failing to disclose. section 4 =Definition of the offence= actus reus. The external element of the offence mens rea. The fault, or mental element ("guilty mind") =General defences= self-defence/defence of another. =Partial defences= diminished responsibility. =Parties= joint enterprise. =Inchoate offences= Attempt to commit an offence. Section 1(1) of the Criminal Attempts Act creates the offence of attempt: (1) If, with intent to commit an offence to which this section applies, a person does an act which is "more than merely preparatory to the commission of the offence", he is guilty of attempting to commit the offence.

Acing the SQE/Criminal Procedure. This guide encompasses the essential laws pertaining to criminal practice, starting from the commission of a criminal offense, continuing through the investigation and filing of charges, and culminating in the trial proceedings. Specifically, the content explores the legal framework, procedural aspects, and the steps involved in providing counsel to a client at the police station, pre-trial assessments, proceedings in magistrates' court and Crown Court trials, which encompass sentencing and the appellate process. =Advising clients, including vulnerable clients, about the procedure and processes at the police station= Rights of a suspect being detained by the police for questioning:. right to legal advice. In English criminal litigation, a suspect who has been detained by the police for questioning has the right to legal advice. This right is guaranteed by the Police and Criminal Evidence Act 1984 (PACE), which sets out the procedures that the police must follow when detaining and questioning suspects. When a person is detained by the police, they must be informed of their right to legal advice, and they must be given the opportunity to consult with a solicitor. The police must provide the suspect with a notice of their rights, which explains the right to legal advice and how to access it. If the suspect requests legal advice, the police must arrange for them to speak to a solicitor. The solicitor may be present during questioning and may advise the suspect on what to say or how to respond to police questions. The solicitor may also challenge the legality of the detention and any evidence gathered during the investigation. If the suspect cannot afford a solicitor, they may be eligible for legal aid. The police are required to provide the suspect with information about how to apply for legal aid, and they must not start questioning the suspect until the legal advice has been obtained. The right to legal advice is an important safeguard for suspects in the criminal justice system. It ensures that they are aware of their rights and can make informed decisions about how to respond to police questioning. It also helps to prevent miscarriages of justice by ensuring that evidence gathered during the investigation is obtained in a fair and lawful manner. right to have someone informed of arrest. A person who has been arrested has the right to have someone informed of their arrest. This right is guaranteed by the Police and Criminal Evidence Act 1984 (PACE), which sets out the procedures that the police must follow when arresting and detaining suspects. When a person is arrested, they must be informed of their right to have someone informed of their arrest as soon as is practicable. This means that the police should inform the person of this right at the earliest opportunity, and should allow them to exercise the right as soon as it is reasonably possible to do so. The person who is arrested may choose to have a friend, relative, or lawyer informed of their arrest. The police must make reasonable efforts to contact the chosen person, and must inform them of the reason for the arrest and the location of the police station where the suspect is being held. The purpose of this right is to ensure that the person who is arrested is not completely isolated from the outside world, and to provide them with some level of support and assistance during the arrest and detention process. It can also help to protect the rights of the person who is arrested, by ensuring that someone is aware of their situation and can take steps to ensure that they are being treated fairly and lawfully. It is important to note that the right to have someone informed of an arrest is not an absolute right, and it may be subject to some restrictions in certain circumstances, such as where it is necessary to protect ongoing police investigations or to prevent harm to the suspect or others. However, any restrictions on this right must be proportionate and necessary, and the police must be able to justify them in accordance with the law. reviews and detention time limits under PACE 1984, Code C.. In English criminal litigation, the Police and Criminal Evidence Act 1984 (PACE), Code C sets out the rules and procedures for the detention, treatment, and questioning of suspects in police custody. One of the key provisions of Code C is the requirement for regular reviews of detention time limits. Under PACE Code C, a person who is arrested and detained by the police must be reviewed by an officer of the rank of inspector or above at least once every six hours. During each review, the officer must consider whether the detention of the person is necessary and proportionate, and whether there are any grounds for the person to be released. The maximum period of time that a person can be detained in police custody without charge is 24 hours. However, this period can be extended to a maximum of 36 hours in certain circumstances, such as where the person is suspected of a serious arrestable offence, such as terrorism. If the police want to extend the detention beyond 24 hours, they must obtain an extension from a magistrates' court. The magistrates' court can extend the detention for up to 36 hours, and must be satisfied that the extension is necessary and proportionate. After 36 hours, the person must be either charged with an offence or released. If the police still need to detain the person for further questioning, they must apply for a further extension from a senior police officer, who must consider the matter afresh and be satisfied that the extension is necessary and proportionate. The regular reviews and detention time limits set out in PACE Code C are important safeguards to protect the rights of suspects and to prevent unnecessary and excessive detention. By ensuring that the detention of suspects is subject to regular and independent review, the police can ensure that the detention is lawful, necessary, and proportionate, and can prevent arbitrary or unjustified detention. Identification procedures:. In English criminal litigation, identification procedures are used to help identify suspects or witnesses who are involved in a criminal case. There are different types of identification procedures used, such as video identification, identity parades, and photofit images. when an identification procedure must be held. In English criminal litigation procedure, an identification procedure may be held in cases where the identity of the alleged perpetrator of a crime is in question. This typically occurs when a witness or victim claims to have seen the offender but needs to confirm their identity. Identification procedures are often used in cases of robbery, assault, or other crimes where the identity of the suspect is a key issue. Common identification procedures include photo identification (witnesses are shown a set of photographs), video identification (witnesses are shown video footage), or live lineup identification (witnesses view a lineup of individuals in person). The purpose of these procedures is to help establish whether the witness can positively identify the alleged offender. Properly conducted identification procedures are crucial to ensuring a fair trial and preventing wrongful convictions. different types of identification procedure. There are several types of identification procedures that can be used in English criminal litigation, including: 1. Video identification: This involves showing a video recording of the suspect to the witness or victim, who then identifies whether or not the person in the video is the suspect. The video is usually made shortly after the crime has been committed, and the suspect is shown performing specific actions or saying certain phrases. 2. Identity parade: This involves presenting the suspect alongside several other people who have a similar appearance or physical characteristics. The witness or victim is then asked to identify the suspect from the group. 3. Photofit images: This involves creating a composite image of the suspect's face based on witness descriptions, and then showing this image to the witness or victim to see if they recognize the suspect. 4. Live identity parade: This involves presenting the suspect in person alongside several other people who have a similar appearance or physical characteristics. The witness or victim is then asked to identify the suspect from the group. 5. Show-up identification: This involves presenting the suspect to the witness or victim shortly after the crime has been committed, usually in the immediate vicinity of the crime scene. The witness or victim is then asked to identify the suspect. The type of identification procedure used will depend on the circumstances of the case and the nature of the evidence available. It is important that any identification procedure is conducted fairly and in accordance with the guidelines set out in the PACE Codes of Practice to ensure that the evidence obtained is reliable and admissible in court. procedure for carrying out an identification procedure PACE 1984, Code D. The procedure for carrying out an identification procedure in English criminal litigation is set out in Code D of the Police and Criminal Evidence Act 1984 (PACE). The purpose of the identification procedure is to allow witnesses or victims to identify a suspect in a fair and reliable manner. The following are the general steps for carrying out an identification procedure: 1. The person conducting the procedure should explain the purpose and process of the identification to the witness or victim. 2. The witness or victim should be given an opportunity to describe the person they saw committing the offence, including their physical appearance, clothing, and any other relevant details. 3. The identification procedure should be carried out as soon as possible after the offence has been committed, while the witness or victim's memory is still fresh. 4. The identification procedure should be conducted in a neutral location, such as a police station or other suitable venue, and not in the presence of the suspect or any other potentially suggestive influences. 5. The identification procedure should be conducted using one of the recognized methods, such as a video identification, identity parade, photofit image, live identity parade, or show-up identification. 6. The identification procedure should be conducted by a person who is independent of the investigation and who does not know the identity of the suspect. 7. The person conducting the identification procedure should keep a record of the procedure, including the details of the witness or victim's description of the suspect, the method used, and the outcome of the identification. It is important that any identification procedure is conducted fairly and in accordance with the guidelines set out in the PACE Codes of Practice to ensure that the evidence obtained is reliable and admissible in court. Advising a client, including vulnerable clients, whether to answer police questions. right to silence. The right to silence allows an accused to remain silent during police questioning or in court proceedings, without this silence being used against them as evidence of guilt. This right is protected under common law, as well as the Police and Criminal Evidence Act 1984 (PACE). It is an important safeguard against self-incrimination and is a fundamental aspect of the criminal justice system. Under PACE, a person being questioned by the police has the right to remain silent and not answer any questions, except for providing their name, address, and date of birth. The police must inform the suspect of their right to remain silent, and any statement made by the suspect may be used as evidence in court. However, the prosecution cannot comment on the suspect's decision to remain silent or use it as evidence of guilt. In court proceedings, the right to silence allows a defendant to choose not to testify in their own defense, and the prosecution cannot comment on this decision or use it as evidence of guilt. The burden of proof remains on the prosecution to prove their case beyond a reasonable doubt, and the defendant is not required to prove their innocence. However, it is important to note that the right to silence is not absolute, and there are certain circumstances where a failure to provide an explanation or answer questions may be viewed as evidence of guilt. For example, if the suspect has a reasonable excuse for not answering questions, such as providing an alibi or medical condition, then their silence cannot be used against them. Additionally, if the suspect has previously given a false or misleading statement, their silence may be taken as evidence of guilt. adverse inferences. Adverse inferences (AI) are the use of a suspect's silence or failure to answer as evidence of guilt. This means that if a suspect refuses to answer questions or gives a vague or evasive response during police questioning or court proceedings, the prosecution may argue that their silence suggests that they have something to hide or are guilty of the offense. Adverse inferences are permitted under certain circumstances, particularly under the Police and Criminal Evidence Act 1984 (PACE). Under PACE, a suspect has the right to remain silent and not answer any questions during police interviews. However, if the suspect fails to mention any fact that they later rely on in court, or if they provide a false or misleading answer to any question during the interview, the prosecution may use this to argue that the suspect's silence suggests guilt. Additionally, if the suspect chooses not to testify in court, the prosecution may use their silence as evidence of guilt, particularly if they have previously given false or misleading statements or if there is other evidence against them. The use of adverse inferences is subject to certain safeguards and limitations. For example, the judge must warn the jury that the suspect's silence does not automatically mean that they are guilty, and that the prosecution must prove their case beyond a reasonable doubt. The use of adverse inferences is also subject to human rights considerations, particularly the right to a fair trial under Article 6 of the European Convention on Human Rights. Overall, the use of adverse inferences is a controversial aspect of English criminal litigation, as it involves balancing the rights of the suspect against the need to protect the public and bring criminals to justice. Procedure for interviewing a suspect under PACE 1984. role and appropriate conduct by defence legal representative/ solicitor including representation of vulnerable client. The role of the defence legal representative/solicitor during a police interview of a suspect under PACE 1984 is to protect the interests of their client and ensure that their rights are respected. They must ensure that the police follow the rules and procedures set out in PACE and that their client's interests are not prejudiced. In representing a vulnerable client during a police interview, the defence legal representative/solicitor should be particularly mindful of their client's vulnerability and any special needs or requirements they may have. They should also be aware of the guidelines and procedures set out in the Achieving Best Evidence (ABE) guidance, which provides guidance on interviewing vulnerable suspects and witnesses. Appropriate conduct by the defence legal representative/solicitor during a police interview includes the following: 1. Advising the client of their rights: The defence legal representative/solicitor should inform the client of their right to remain silent and their right to legal representation. They should also explain the implications of waiving these rights. 2. Monitoring the interview: The defence legal representative/solicitor should monitor the interview to ensure that the police are following the rules and procedures set out in PACE, and that their client's rights are not being infringed. 3. Asking questions: The defence legal representative/solicitor may ask questions on behalf of their client, but they must not interfere with the interview or prevent the police from asking their own questions. 4. Challenging improper conduct: If the defence legal representative/solicitor believes that the police are acting improperly or that their client's rights are being infringed, they may challenge this and seek to have the interview stopped. 5. Representing the client's interests: The defence legal representative/solicitor should represent their client's interests at all times, and may advise their client on the appropriateness of answering specific questions or making specific statements. 6. Ensuring a fair process: The defence legal representative/solicitor should ensure that the process is fair and that their client is not being unfairly prejudiced. This may involve challenging evidence or seeking to have certain evidence excluded. In representing a vulnerable client, the defence legal representative/solicitor should be particularly aware of any vulnerabilities that may affect their client's ability to participate in the interview, and should take steps to ensure that the interview is conducted in a way that is appropriate and fair to their client. They should also ensure that any special needs or requirements of their client are met, such as providing an interpreter or other support. role of appropriate adult and who can be an appropriate adult. Under PACE 1984, an appropriate adult is an individual who is called upon to assist and support a suspect who is being interviewed by the police, and who is deemed to require an adult present during the interview process. The role of the appropriate adult is to ensure that the suspect understands their rights and the interview process and to help them communicate effectively with the police. An appropriate adult can be anyone who is over 18 years of age, and who is not a police officer, a witness, or a person involved in the investigation. The appropriate adult can be a family member or a friend of the suspect, but they must not be a witness or involved in the case in any way. The appropriate adult is required to attend the interview with the suspect and must be present throughout the interview process. They have the right to communicate with the suspect privately and to advise them on the best course of action during the interview. The appropriate adult is also responsible for ensuring that the suspect is comfortable and that their needs are being met, for example, by requesting breaks or refreshments if necessary. It is important for the appropriate adult to act in the best interests of the suspect and to ensure that their rights are protected throughout the interview process. The appropriate adult should also be mindful of the suspect's vulnerability, if any, and should provide support and reassurance throughout the interview. The role of the defence legal representative/ solicitor during the interview process is to provide legal advice and representation to the suspect. The solicitor can advise the suspect on their rights and the interview process, as well as provide legal representation during the interview. They can also challenge any inappropriate questioning or treatment of the suspect by the police. If the suspect is vulnerable or has communication difficulties, the defence legal representative/ solicitor should work closely with the appropriate adult to ensure that the suspect's rights are protected and that they are receiving the support they need. =The procedures and processes involved in criminal litigation= Bail applications. Bail means that the person is allowed to leave custody, but they must promise to attend court on the specified dates and comply with any other conditions set by the court. the right to bail and exceptions. The right to bail is a fundamental principle in the English criminal justice system that allows a person who has been charged with a criminal offence to be released from custody while they await their trial or other legal proceedings. In general, everyone who is arrested and charged with a criminal offence has the right to apply for bail. However, there are exceptions to this general rule, and some individuals may be denied bail under certain circumstances. These exceptions include: In addition to these exceptions, there are also situations where the court may impose conditions on the defendant's bail. For example, the court may require the defendant to surrender their passport or report to a police station regularly. If the defendant fails to comply with these conditions, their bail may be revoked, and they may be returned to custody. conditional bail. Conditional bail is a type of bail that may be granted to a defendant in English criminal litigation. It allows the defendant to be released from custody before their trial or other legal proceedings, but with certain conditions attached. The conditions of conditional bail may be imposed by the court, and are designed to ensure that the defendant complies with certain requirements while they are out on bail. These conditions can include: The purpose of these conditions is to address any concerns that the court may have about the defendant's behavior while they are out on bail. For example, if the court is concerned that the defendant may commit further offenses, they may impose conditions that restrict the defendant's movements or activities. If a defendant breaches any of the conditions of their conditional bail, they may be arrested and brought back to court. In some cases, the court may also revoke their bail and require them to remain in custody until their trial or other legal proceedings have concluded. procedure for applying for bail. In English criminal litigation, applying for bail is a legal process that allows a defendant to be released from custody while their criminal case is pending, with certain conditions and restrictions. Here's a general overview of the procedure for applying for bail: Initial Arrest and Custody: When a person is arrested and charged with a criminal offense, they are typically taken into police custody. The decision to grant or deny bail is often made at this stage. Police Bail: In less serious cases, the police may release the arrested person on bail after questioning, with or without conditions. This means they can go home but must return for further questioning or to attend court when required. First Court Appearance (Magistrates' Court): For more serious offenses, the arrested person will be brought before a magistrate's court for their first appearance. At this stage, they can apply for bail. Bail Application: To apply for bail, the defendant or their legal representative will make a formal application to the court. This can be done in writing or orally during the court hearing. The bail application will include arguments for why the defendant should be granted bail. Bail Conditions: The court will consider several factors when deciding whether to grant bail, including the nature and seriousness of the offense, the defendant's previous criminal record, their ties to the community, and the risk of them fleeing or interfering with witnesses. If bail is granted, the court will set conditions that the defendant must adhere to while on bail. Conditions may include surrendering their passport, curfews, reporting to a police station regularly, or not contacting certain individuals. Surety or Security: In some cases, the court may require the defendant or someone else (a surety) to provide financial security or a bond as a guarantee that the defendant will comply with the bail conditions. If the defendant fails to comply, the surety may forfeit the money or assets they've put up as security. Appeal: If bail is denied, the defendant can appeal this decision to a higher court. The Crown Court is the next level for such appeals. Compliance with Bail Conditions: If bail is granted, the defendant must strictly adhere to the bail conditions. Failure to do so can result in the bail being revoked, and the defendant may be returned to custody. Subsequent Bail Applications: If circumstances change, the defendant can make further applications for bail. For example, if new evidence comes to light, the court may reconsider the bail decision. It's important to note that the bail process can vary depending on the specific circumstances of the case and the jurisdiction within England and Wales. Additionally, some cases, particularly those involving serious offenses, may involve a more complex and stringent bail process. Legal representation is highly recommended when applying for bail to ensure the best possible outcome. further applications for bail. In English criminal litigation, further applications for bail, also known as "renewed" or "fresh" bail applications, can be made when there are significant changes in circumstances that warrant a reconsideration of the initial bail decision. These applications provide an opportunity for a defendant to seek bail again after an initial bail request has been denied or if there have been developments in the case. Here's an explanation of further applications for bail: Change in Circumstances: A renewed bail application is typically made when there is a substantial change in circumstances since the initial bail hearing. This could include the discovery of new evidence, a change in the defendant's personal situation, or a shift in the risk factors associated with granting bail. New Information or Evidence: If new evidence emerges that was not available during the initial bail hearing and is relevant to the defendant's case or the risk of flight or interference with witnesses, it may provide grounds for a renewed bail application. For example, if a key witness recants their statement, it might weaken the case against the defendant and reduce the risk of interference. Medical or Personal Issues: If the defendant's health deteriorates while in custody or if there are significant changes in their personal circumstances (such as a family emergency), a renewed bail application can be made on the basis of humanitarian or compassionate grounds. Appeal or Change in Legal Position: If there is an appeal against the defendant's conviction or a significant change in their legal position (e.g., a successful appeal on a related matter), this could be a reason to seek bail again. Review by a Higher Court: If a defendant's initial bail application was heard in a lower court (e.g., a Magistrates' Court), they can apply for a renewed bail application in a higher court (e.g., a Crown Court) for a fresh assessment of their bail eligibility. Notice of Appeal: If a defendant intends to appeal their conviction or sentence, they may apply for bail while the appeal process is ongoing. The court will consider factors like the strength of the appeal grounds and the risk of flight. Change in Bail Conditions: Even if bail was initially granted, the defendant can seek a change in their bail conditions if circumstances warrant it. For instance, they may request a relaxation of curfew hours or the removal of a reporting requirement. Legal Representation: It is advisable for a defendant to have legal representation when making a further bail application, as a skilled advocate can present the case effectively and address any legal issues or concerns raised by the prosecution. It's important to note that the success of a renewed bail application depends on the specific facts and circumstances of the case, as well as the discretion of the court. Courts will consider factors such as the seriousness of the charges, the strength of the case against the defendant, their ties to the community, and the risk they pose if released on bail. Overall, further applications for bail provide a mechanism for defendants to seek release from custody when significant changes in their situation or the case itself justify reconsideration by the court. appeals against decisions on bail. In English criminal litigation, if a defendant or their legal representative is dissatisfied with a decision made by a lower court regarding bail, they have the option to appeal that decision to a higher court. Appeals against decisions on bail are an important mechanism for reviewing and potentially reversing a decision to deny bail or impose certain bail conditions. Here's an explanation of how appeals against bail decisions work: Initial Bail Decision: The process begins with the initial bail decision, which is usually made by a Magistrates' Court for less serious offenses or a Crown Court for more serious cases. The court will consider various factors, including the nature of the offense, the defendant's criminal history, and the risk of them fleeing or interfering with witnesses, to determine whether to grant bail and under what conditions. Appeal to the Crown Court: If the initial bail decision is made in a Magistrates' Court, the defendant can appeal that decision to the Crown Court. This is typically done if the defendant believes the Magistrates' Court made an error in assessing their bail eligibility or conditions. Grounds for Appeal: To appeal a bail decision, the defendant must have valid grounds for doing so. Common grounds for appeal include: Demonstrating that the lower court made a legal error in its decision, such as misapplying the law or failing to consider relevant factors. Presenting new evidence or circumstances that were not available or considered during the initial bail hearing. Arguing that the bail conditions imposed are unnecessarily onerous or restrictive, given the circumstances. Crown Court Bail Hearing: In the Crown Court, a fresh bail hearing will take place, allowing the defendant's legal team to present their case for bail. The Crown Court judge will reconsider the bail decision in light of the grounds for appeal and any new evidence or arguments presented. Higher Court Appeals: If the bail decision is made by the Crown Court, further appeals can be made to even higher courts, such as the Court of Appeal. These appeals typically involve more complex legal arguments and require leave (permission) from the Court of Appeal to proceed. Review of Bail Conditions: Appeals against bail decisions can also address the specific conditions imposed. If the appeal is successful, the higher court may modify or remove certain bail conditions deemed unnecessary or excessive. Bail Pending Appeal: In cases where the defendant is appealing a conviction or sentence, they may also seek bail pending the appeal. This means they can be released from custody while the appeal process is ongoing. Legal Representation: It is highly advisable for defendants to have legal representation when appealing a bail decision. Skilled legal advocates can argue effectively on behalf of the defendant, citing legal precedents, presenting evidence, and making persuasive arguments. Discretion of the Higher Court: Ultimately, the success of an appeal against a bail decision depends on the discretion of the higher court. They will consider the legal merits of the case, the grounds for appeal, and the overall interests of justice in deciding whether to grant bail or modify conditions. Appeals against bail decisions are an essential part of the legal process, ensuring that individuals are treated fairly and justly in accordance with their legal rights while also safeguarding public safety and the integrity of criminal proceedings. absconding and breaches of bail. In English criminal litigation, "absconding" and "breaches of bail" are two situations related to the bail process. They both involve situations where a defendant does not comply with the conditions of their bail, but they differ in some key aspects: Absconding: Definition: Absconding refers to the situation where a defendant who has been granted bail deliberately and unlawfully fails to appear in court when required or otherwise goes into hiding to avoid arrest or prosecution. Consequences: If a defendant absconds, it can have serious legal consequences. The court may issue a warrant for their arrest, and if apprehended, they may face additional criminal charges, such as "Failure to Surrender to Bail" or "Breach of Bail," which can result in a separate criminal offense. Reasons for Absconding: Defendants may abscond for various reasons, such as fear of conviction, evading prosecution, or personal reasons. Sometimes, they may have difficulties complying with bail conditions, such as curfew or reporting requirements, and may choose to go into hiding instead. Impact on Bail Process: Absconding can damage the defendant's credibility and can be taken into account in future bail applications. Courts may be less likely to grant bail to a defendant who has previously absconded, especially if they are considered a flight risk. Breaches of Bail: Definition: Breaches of bail occur when a defendant who has been granted bail fails to comply with the conditions set by the court. These conditions can include reporting to a police station, adhering to curfews, refraining from contacting certain individuals (e.g., witnesses or co-defendants), and not committing further offenses. Consequences: Breaching bail conditions can lead to legal consequences. The court may take various actions, such as revoking bail, imposing stricter conditions, or in more serious cases, remanding the defendant into custody until their trial. Reasons for Breaches: Breaches of bail conditions can occur for a variety of reasons, including unintentional oversight, misunderstanding of the conditions, personal problems, or circumstances that make compliance difficult. Handling Breaches: If a defendant breaches bail conditions, the police or the court can take action. The defendant may be arrested and brought back before the court for a bail hearing to determine whether bail should be revoked or amended. Impact on Future Bail: Repeated breaches of bail conditions can weaken a defendant's case for being granted bail in the future. The court may view them as less reliable in adhering to bail conditions, potentially making it more challenging for them to secure bail. Both absconding and breaches of bail are taken seriously by the legal system, as they can undermine the integrity of the bail process and pose risks to public safety and the administration of justice. It's important for defendants to understand and comply with their bail conditions to avoid legal consequences. Legal representation is often advisable in navigating the bail process and addressing any issues or concerns related to bail compliance. First hearings before the magistrates’ court. classification of offences. - statutory offence or common law offence - Summary only, triable either way or indictable only applying for a representation order. In English criminal litigation, individuals who cannot afford legal representation and are facing criminal charges in the Magistrates' Court may be eligible to apply for a representation order, which allows them to have a solicitor or barrister appointed to represent them. This ensures access to legal advice and representation, which is essential for a fair trial. Here's how to apply for a representation order in the first hearings before the Magistrates' Court: Eligibility Assessment: Before applying for a representation order, the defendant must undergo an eligibility assessment to determine whether they meet the financial criteria for legal aid. Legal aid is the government program that provides funding for legal representation to those who cannot afford it. Completing the Application Form: The defendant or their legal representative must complete the application form for a representation order. This form is known as the "Criminal Legal Aid Application Form" or "CRM14." The CRM14 form can typically be obtained from the court, a solicitor, or online from the government's official legal aid website. Providing Financial Information: The application form requires the defendant to provide detailed financial information, including income, assets, and expenses. They will need to provide evidence of their financial situation, such as bank statements, pay stubs, or benefit statements. If the defendant has a partner or spouse, their financial information may also be required. Declaration and Signature: The defendant or their legal representative must complete and sign the declaration on the application form. This declaration confirms that the information provided is true and accurate to the best of their knowledge. Submission of the Application: The completed application form should be submitted to the court where the case is being heard. It is advisable to submit the application well in advance of the first hearing to ensure that legal representation is available when needed. Initial Hearing: During the first hearing before the Magistrates' Court, the defendant may be asked about their legal representation. If they have applied for a representation order and meet the eligibility criteria, the court may grant the order, appointing a solicitor or barrister to represent the defendant. The defendant should inform the court if they have submitted an application for a representation order. Legal Aid Agency Assessment: The court will forward the application to the Legal Aid Agency, which will review the financial information provided to determine whether the defendant qualifies for legal aid. Appointment of Legal Representation: If the Legal Aid Agency approves the application, they will appoint a solicitor or barrister to represent the defendant. The defendant will be notified of their assigned legal representative. Representation in Subsequent Hearings: Once a representation order is granted and legal representation is assigned, the appointed solicitor or barrister will provide legal advice and representation throughout the criminal proceedings. It's crucial for defendants to act promptly in applying for a representation order to ensure that they have legal representation at the earliest stages of their case. Legal aid is designed to ensure that individuals have access to a fair trial and can effectively navigate the complexities of the criminal justice system. procedural overview – what will happen at the hearing. The first hearings before the Magistrates' Court in English criminal litigation are crucial initial stages of the legal process where various matters are addressed. These hearings set the tone for the rest of the criminal proceedings. Here's a procedural overview of what typically happens at the first hearings: Arraignment: The first hearing usually begins with the arraignment of the defendant. This is when the charges against the defendant are read out, and they are asked to enter a plea of guilty or not guilty. If the defendant pleads guilty, the court may proceed to sentencing. If they plead not guilty, the case will move forward to trial. Bail Application: If the defendant is in custody, they or their legal representative may make an application for bail. The court will consider factors such as the seriousness of the charges, the defendant's criminal record, and the risk of them not attending future court appearances. The court may grant bail with specific conditions or deny bail, keeping the defendant in custody until the trial. Legal Representation: The defendant may inform the court about their legal representation. If they cannot afford legal representation and are eligible for legal aid, they may apply for a representation order at this stage. If the defendant has legal representation, their solicitor or barrister will be present in court to represent their interests. Case Management: The court will discuss the case with both the prosecution and defense to set a timetable for future proceedings. This may include establishing dates for pre-trial hearings, disclosure of evidence, and the trial itself. The court may also address any preliminary legal issues, such as legal arguments related to evidence or procedural matters. Disclosure of Evidence: The prosecution is required to disclose its evidence to the defense. This includes providing copies of witness statements, documents, and other evidence that will be used in the trial. The defense may also be required to disclose certain information to the prosecution, such as alibi defenses or witness lists. Legal Aid Application: If the defendant is eligible for legal aid and has not already applied for a representation order, they may be advised to do so during this hearing. Legal aid provides funding for legal representation for those who cannot afford it. Listing for Further Hearings: The court will schedule future hearings, including pre-trial review hearings, case management hearings, and, ultimately, the trial itself. The court will try to set dates that accommodate the availability of all parties involved. Adjournment: In some cases, due to various reasons, the court may need to adjourn the hearing and reconvene at a later date. The specific proceedings at the first hearing can vary depending on the complexity of the case and other factors. It's essential for the defendant and their legal representative to be prepared and to understand the process, as these initial hearings lay the foundation for the rest of the criminal litigation. the role of the defence solicitor at the hearing. A defence solicitor represents the accused at the first hearing before the magistrates' court. The first hearing is also known as the "plea hearing" or "initial appearance." The procedures of this hearing can be summarized as follows: 1. Introduction to the accused: The solicitor should introduce themselves to the accused and explain their role in the proceedings. 2. Obtain instructions: The solicitor should obtain instructions from the accused, which involves getting a full account of what happened and other relevant information to prepare the defence. 3. Provide legal advice: The solicitor should advise the accused on the charge(s) against them, the potential penalties, and the legal process. 4. Enter a plea: The solicitor should advise the accused on whether to plead guilty or not guilty. If the accused pleads guilty, the solicitor should explain the implications of the plea and the possible outcomes. If the accused pleads not guilty, the solicitor should provide advice on the next steps, such as preparing a defence and setting a trial date. 5. Make bail applications: If the accused is in custody, the solicitor should make an application for bail. 6. Make requests for the prosecution's case: The solicitor can request the prosecutor to provide disclosure of evidence, which is information or evidence that the prosecution has that may help the defence. 7. Set a trial date: If the accused pleads not guilty, the solicitor should agree on a trial date with the court. Overall, the defence solicitor's role at the first hearing before the magistrates' court is to ensure that the accused understands the charges against them, provide legal advice, and ensure that the accused's rights are protected throughout the proceedings. Plea before Venue. When a defendant is charged with a criminal offence and appears before a court for the first time, they are required to enter a plea. This process is known as the "plea before venue," and the procedure can be summarized as follows: 1. Reading of the charge: The clerk of the court reads out the charge against the defendant. 2. Explanation of the charge: The defendant is informed of the details of the charge and what the prosecution needs to prove for a conviction. 3. The defendant's plea: The defendant is required to enter a plea of guilty or not guilty. 4. Advice from the defendant's solicitor: The defendant's solicitor may advise the defendant on whether to plead guilty or not guilty and explain the implications of each plea. 5. Court's powers of adjournment: If the defendant is unable to enter a plea or if there is any uncertainty about the plea, the court has the power to adjourn the hearing to a later date. 6. Setting a trial date: If the defendant pleads not guilty, the court sets a trial date. 7. Sentence hearing: If the defendant pleads guilty, the court may proceed to sentence the defendant on the same day or adjourn the hearing for a later date. Overall, the plea before venue is an essential part of the English criminal litigation process. It provides the defendant with an opportunity to enter a plea of guilty or not guilty and sets the stage for the subsequent trial or sentencing hearing. The defendant's solicitor plays a crucial role in advising the defendant on the plea and ensuring that the defendant's rights are protected throughout the process. procedure on defendant entering plea. The plea before venue is an important process where the defendant enters a plea of guilty or not guilty. The plea before venue also involves the defendant's solicitor advising the client on whether to elect for trial in the Magistrates' Court or the Crown Court. The procedures and processes involved in advising the client on trial venue in the plea before venue can be summarized as follows: advising the client on trial venue. In English criminal litigation, advising the client on trial venue is an important consideration, especially in cases where a plea before venue is being considered. Here's an explanation of these concepts: Trial Venue: The trial venue refers to the physical location where a criminal trial will take place. In England and Wales, criminal cases can be tried in different types of courts, including the Magistrates' Court, the Crown Court, or even higher courts for more serious offenses. Plea Before Venue: A "plea before venue" is a legal procedure where a defendant is given the opportunity to indicate their plea (guilty or not guilty) before the question of which court will hear the case is decided. This procedure is typically used in cases where the defendant has elected to have their case heard in the Crown Court but has not yet been formally indicted there. Here's how advising the client on trial venue and the plea before venue process typically works: Legal Advice: The defendant's legal representative, often a solicitor or barrister, will provide advice to the client on the choice of venue. This advice considers factors such as the seriousness of the offense, the defendant's preferences, and legal considerations. Magistrates' Court or Crown Court: In many cases, less serious criminal offenses are initially heard in the Magistrates' Court. If the defendant pleads not guilty at the Magistrates' Court, the case may proceed to a trial there. However, if the defendant elects to have their case heard in the Crown Court (often due to the potential for a more severe sentence), the matter will proceed to a plea before venue. Plea Before Venue Hearing: At the plea before venue hearing, the defendant is asked to enter a plea (guilty or not guilty) before the question of which court will hear the case is decided. If the defendant pleads guilty, the case may remain in the Magistrates' Court for sentencing, or it may be sent to the Crown Court for more severe sentencing options. If the defendant pleads not guilty, the case will be transferred to the Crown Court for trial. Considerations for Trial Venue: When advising the client on trial venue, their legal representative will consider factors such as the nature of the offense, potential penalties, the complexity of the case, and the client's preferences. In some cases, the client may prefer the Crown Court because they believe they will receive a fairer trial or because they are seeking a more experienced jury. The legal representative will also explain the potential consequences of each venue choice, including the implications for sentencing and the trial process itself. Client's Decision: Ultimately, the decision on trial venue is made by the client after receiving advice from their legal representative. The client must understand the implications of their choice before making a decision. Advising the client on trial venue is a crucial part of the legal process, as it can significantly impact the outcome of the case. The client's legal representative will ensure that the client is fully informed and can make an educated decision based on their individual circumstances and legal considerations. Allocation of business between magistrates' court and Crown Court. procedure ss. 19–20 and s. 22A Magistrates' Courts Act 1980. Sections 19-20 and 22A of the Magistrates' Courts Act 1980 outline the procedures for the allocation of business between the magistrates' court and the Crown Court in criminal cases. Section 19 provides that certain offences, such as murder, rape, and other serious crimes, can only be tried in the Crown Court. However, for other offences, the defendant can choose whether they wish to be tried in the magistrates' court or the Crown Court. Under section 20, if the defendant chooses to be tried in the magistrates' court, the case will be heard by magistrates, who will consider whether they have the power to deal with the case or whether it should be sent to the Crown Court. If the magistrates believe that the offence is too serious to be dealt with in the magistrates' court, they will send the case to the Crown Court for trial. This process is known as "sending" the case to the Crown Court. Section 22A allows for the Crown Court to "send back" certain cases to the magistrates' court for trial if it is deemed appropriate. This may occur when the Crown Court determines that the case is less serious than originally thought, or if the defendant changes their plea to guilty. Overall, the procedures outlined in sections 19-20 and 22A of the Magistrates' Courts Act 1980 aim to ensure that criminal cases are heard in the appropriate court based on the seriousness of the offence and the preference of the defendant, while allowing for flexibility in case circumstances change. sending without allocation s. 50A Crime and Disorder Act 1998. In English criminal litigation, "sending without allocation" is a process for transferring a case from a magistrates' court to the Crown Court without the case being allocated to a particular level of trial within the Crown Court. Section 51A of the Crime and Disorder Act 1998 allows the magistrates' court to send an either-way offence directly to the Crown Court for trial without first allocating it to a particular level of trial within the Crown Court. This is done when the magistrates' court considers that its powers of punishment are insufficient, or the defendant has elected for trial at the Crown Court. The procedure for sending without allocation involves the magistrates' court notifying the defendant of the date and time of the preliminary hearing at the Crown Court and providing the defendant with a copy of the written charge or indictment. At the preliminary hearing, the judge will decide whether the case is suitable for summary trial in the magistrates' court or for trial on indictment in the Crown Court. If the case is suitable for summary trial, the case may be sent back to the magistrates' court for trial, or if the case is suitable for trial on indictment, it will be allocated to a level of trial within the Crown Court. Sending without allocation is a relatively recent procedure, introduced by the Crime and Disorder Act 1998, and is used in cases where the magistrates' court considers that its powers of punishment are insufficient or the defendant has elected for trial at the Crown Court. It streamlines the allocation process by bypassing the need for the magistrates' court to determine the appropriate level of trial within the Crown Court before sending the case to the higher court. Case management and pre-trial hearings. Magistrates' court case management directions. In English criminal litigation, case management directions (CMDs) are issued by the magistrates' court to ensure that cases are managed effectively and efficiently. The magistrates' court has a duty to ensure that cases progress through the system in a timely manner and that all parties are aware of what is required of them. The CMDs may include directions on matters such as the disclosure of evidence, the filing of witness statements, and any legal arguments that need to be addressed before the trial. They may also set deadlines for the submission of certain documents, such as defence statements and lists of witnesses. Pre-trial hearings are held to discuss the progress of the case and to ensure that all parties are ready for trial. The court will consider any issues that have arisen, such as problems with evidence or the availability of witnesses. The court may also make rulings on legal issues and set deadlines for the completion of any outstanding tasks. The purpose of case management and pre-trial hearings is to ensure that the case is managed effectively and that any issues are dealt with before the trial. This helps to avoid delays and ensures that trials are conducted in a fair and efficient manner. Plea and Trial Preparation Hearing. The Plea and Trial Preparation Hearing (PTPH) is a pre-trial hearing that occurs in the Crown Court of English criminal litigation. The purpose of this hearing is to ensure that the defendant is prepared for trial and to streamline the trial process. At the PTPH, the defendant is expected to enter a plea of guilty or not guilty. Before the PTPH, the prosecution must disclose all relevant evidence to the defense. At the PTPH, the defense and prosecution will discuss any unresolved issues and the judge may make rulings on evidentiary matters or other procedural issues. The judge will also set a timetable for the trial, including the dates for any further pre-trial hearings and the expected length of the trial. If the defendant pleads guilty at the PTPH, sentencing may also take place at this hearing. If the defendant pleads not guilty, the trial will proceed at a later date, and the case may be adjourned for further pre-trial hearings as needed. Overall, the PTPH serves as an important stage in the criminal litigation process, allowing for a clear and efficient path forward towards trial, and ensuring that both the prosecution and the defense are prepared to present their respective cases. disclosure – prosecution, defence and unused material. Disclosure is the process of providing information and evidence relevant to the case to both the prosecution and the defence. The disclosure process is governed by the Criminal Procedure and Investigations Act 1996 and the Criminal Procedure Rules. The court may make orders for disclosure at any stage of the proceedings and can impose sanctions on parties who fail to comply with their disclosure obligations. The prosecution is required to disclose any material that may undermine their case, assist the defence, or affect the credibility of the prosecution's witnesses. This includes witness statements, police reports, and other evidence that the prosecution intends to rely on at trial. The defence is also required to disclose any material that may support their case, undermine the prosecution's case, or affect the credibility of the defence's witnesses. The defence must provide a defence case statement, which outlines the nature of the defence's case and the issues in dispute. In addition, there may be material that is not relevant to either the prosecution or the defence case, known as "unused material." The prosecution is also required to disclose any unused material that may reasonably be considered capable of undermining the prosecution's case or of assisting the defence. Principles and procedures to admit and exclude evidence. The principles and procedures to admit and exclude evidence are governed by several legal principles, including the burden and standard of proof. These principles are crucial to ensuring a fair and just criminal trial. Here's an explanation of these concepts: Burden of Proof: The "burden of proof" refers to the responsibility placed on one party to prove a particular fact or issue in a legal proceeding. In criminal trials, the burden of proof is primarily on the prosecution. Specifically, it is the prosecution's burden to prove the defendant's guilt "beyond a reasonable doubt." This means that the prosecution must present sufficient evidence to convince the judge or jury that there is no reasonable doubt regarding the defendant's guilt. The defendant is not required to prove their innocence. Instead, they can rely on the principle of the presumption of innocence, which means that the defendant is considered innocent until proven guilty by the prosecution. Standard of Proof: The "standard of proof" is the degree or level of evidence required to meet the burden of proof in a legal proceeding. In criminal cases in England and Wales, the standard of proof is "beyond a reasonable doubt." Beyond a reasonable doubt is a high standard that demands a high level of certainty. It means that the evidence presented by the prosecution must be so strong and convincing that there is no reasonable doubt about the defendant's guilt in the minds of the judge or jury. It is not necessary for the evidence to establish absolute certainty, as this is often impossible in criminal cases. However, the case must be proven to such an extent that it leaves no room for reasonable doubt. Principles and Procedures for Admitting and Excluding Evidence: In English criminal litigation, evidence is presented by both the prosecution and the defense. The evidence presented must be relevant to the issues in the case and must adhere to the rules of evidence, which govern what types of evidence are admissible in court. Evidence that is obtained illegally, such as through a violation of the defendant's rights or without proper authorization, may be subject to exclusion. This is known as the "exclusionary rule," which aims to deter unlawful police conduct and protect the defendant's rights. The judge plays a crucial role in determining the admissibility of evidence. They will consider objections raised by both parties, review the evidence presented, and make decisions regarding its admissibility based on legal principles and precedent. Evidence that is admitted must also be presented and tested during the trial through examination and cross-examination of witnesses. In summary, in English criminal litigation, the burden of proof rests with the prosecution, and they must prove the defendant's guilt beyond a reasonable doubt. The standard of proof is high, requiring strong and convincing evidence. Evidence must be relevant and adhere to the rules of evidence, and the judge plays a critical role in determining its admissibility. Evidence obtained illegally may be excluded to protect the defendant's rights and ensure a fair trial. visual identification evidence and Turnbull Guidelines. Visual identification evidence is used to identify a suspect based on visual observations, such as through a lineup or identification parade. The principles and procedures for admitting or excluding such evidence are governed by the common law and the Police and Criminal Evidence Act 1984 (PACE). The procedures for admitting or excluding visual identification evidence involve a voir dire, a trial within a trial. During the voir dire, the prosecution will present evidence to support the admissibility of the identification evidence, while the defence will have an opportunity to challenge the reliability of the evidence. The court will then consider the evidence and make a ruling on its admissibility. If the court finds the visual identification evidence to be admissible, it may still be excluded if its prejudicial effect outweighs its probative value. This means that the evidence could be excluded if its admission could result in unfair prejudice to the defendant or if its probative value is limited compared to its potential to prejudice the defendant. The Turnbull Guidelines were developed in England and Wales to ensure a fair trial in criminal cases by providing the defendant with access to all relevant evidence, including material that undermines the prosecution's case or assists the defense's case. Prosecutors have a duty to disclose any relevant statements or evidence that contradicts the prosecution's case or supports the defense's case. In addition, they must disclose any evidence that may affect the sentence imposed if the defendant is convicted. Failure to disclose relevant evidence may result in a miscarriage of justice and lead to the conviction of an innocent person. hearsay evidence. definition. Litigation, hearsay evidence is defined as any statement made out of court which is being relied upon in court to prove the truth of the matter asserted in the statement. It is considered second-hand information, where the witness is repeating what someone else said outside of the court. Hearsay evidence is generally inadmissible in criminal trials, as it is not considered reliable and may be subject to manipulation or inaccuracies. However, there are exceptions to this rule, such as when the statement was made by a person who is unavailable to give evidence, or when the statement was made as part of an official record or document. grounds for admitting hearsay evidence. Hearsay evidence is generally considered inadmissible in English criminal litigation as it is considered less reliable and more prone to error or manipulation. However, there are a few exceptions where hearsay evidence may be admitted in court. One exception is when the hearsay statement is made by a person who is unavailable to give evidence in court, such as when the person is deceased, too ill to testify, or has left the jurisdiction. In such cases, the hearsay evidence may be admissible if the court is satisfied that the statement is reliable and that admitting it would serve the interests of justice. Another exception is where the statement falls under a statutory exception. For example, under the Criminal Justice Act 2003, a statement made by a child under the age of 13 alleging sexual abuse may be admissible as hearsay in certain circumstances. A third exception is where the statement forms part of the res gestae (the events that form part of the whole occurrence), and is therefore regarded as part of the transaction that is being proved. This is sometimes referred to as "spontaneous statement" evidence, where the statement is made at the time of the event and is an integral part of the incident. Overall, the admissibility of hearsay evidence is subject to the discretion of the judge, who will weigh the probative value of the evidence against the potential prejudice to the defendant. confession evidence. definition. Confession evidence involves a statement made by a defendant that tends to incriminate them in the alleged offence. It can be an admission of guilt or a statement indicating responsibility for the crime. Confession evidence is often considered highly probative and can be very influential in a trial. However, it is also subject to strict rules and scrutiny to ensure that it has been obtained legally and is reliable. Confessions obtained through improper methods, such as coercion or deception, may be excluded as evidence. admissibility. Confession evidence refers to statements or admissions made by a suspect or defendant that tend to incriminate them in the commission of a criminal offense. In English criminal litigation, confession evidence is admissible in court if it was made voluntarily and the circumstances in which it was made do not make it unreliable or unfair to admit. If a confession was obtained through oppression, such as through torture or duress, it is not admissible in court. Similarly, if the confession was made in response to a threat or promise, it may also be deemed involuntary and excluded from evidence. The court will consider the totality of circumstances in which the confession was made to determine if it was voluntary or not. Confession evidence obtained during police questioning must also comply with the codes of practice under the Police and Criminal Evidence Act 1984, which set out rules for the treatment of suspects in police custody. Failure to comply with these codes of practice can lead to the exclusion of confession evidence in court. Moreover, a confession must be corroborated by other evidence to be admissible in certain cases, such as in a charge of murder or manslaughter. This means that there must be independent evidence, which tends to support the truthfulness of the confession evidence before it can be admitted. The admissibility of confession evidence in court is a complex area of law, and the court will take into account various factors, including the circumstances in which the confession was made, the reliability of the evidence and its probative value, and whether it was obtained fairly or through oppressive means. challenging admissibility ss. 76 and 78 PACE 1984. A confession may be excluded if it was obtained by oppression, such as through torture or threats, or if it is unreliable, such as if it was made as a result of mental or physical abuse. In addition, under section 78, a confession may be excluded if its admission would have an adverse effect on the fairness of the trial. The defense may challenge the admissibility of confession evidence on the grounds that it was obtained in breach of PACE, or that it was obtained by means that were oppressive or otherwise improper. The court will consider the circumstances under which the confession was made, including the defendant's physical and mental state at the time, the manner in which the confession was obtained, and whether the defendant was properly advised of their right to remain silent and to legal representation. If the court determines that the confession was obtained in breach of PACE or that its admission would be unfair to the defendant, it may exclude the evidence from the trial. character evidence. definition of bad character. “Bad character" refers to evidence that suggests a defendant has a propensity to commit a crime or behave in a certain way. This includes evidence of previous convictions, previous acquittals or charges, or evidence that shows the defendant's behavior is consistent with a tendency to commit a certain type of offense. It can also include evidence of the defendant's conduct that is not directly related to the current charges but is relevant to their general character. The term "bad character" is used in contrast to "good character" evidence, which is evidence that suggests the defendant is less likely to have committed the crime they are accused of. the 7 gateways s. 101(1) Criminal Justice Act 2003. These gateways are circumstances where evidence of a defendant's bad character may be admitted, subject to the judge's discretion, to prove that the defendant has a tendency to act in a certain way. They are as follows: 1. Evidence relevant to an important matter in issue between the defendant and the prosecution 2. Evidence relevant to the credibility of a witness 3. Evidence that the defendant has a tendency to commit offences of the same or similar kind 4. Evidence of the defendant's previous false statements or lies 5. Evidence of the defendant's bad character that is relevant to an alleged offence or a defence in the case 6. Evidence that the defendant has been convicted of an offence 7. Evidence that the defendant has behaved in a way that is similar to the behaviour alleged in the case. procedure for admitting bad character evidence. The procedure for admitting bad character evidence depends on whether the evidence falls under one of the seven gateways specified in Section 101(1) of the Criminal Justice Act 2003. If the evidence does not fall under one of the seven gateways, it is likely to be inadmissible. If the evidence falls under one of the seven gateways, the party seeking to admit the evidence must apply to the court to do so. The application must be made in writing and served on the other parties in the case, who have the opportunity to respond. The court will then hold a hearing to determine the admissibility of the evidence. The hearing will be held in the absence of the jury, and the judge will consider the factors outlined in Section 101(3) of the Criminal Justice Act 2003, which include the probative value of the evidence, the risk of unfair prejudice to the defendant, and the nature and circumstances of the alleged offense. The judge will then decide whether the evidence is admissible or not. If the evidence is admitted, the judge will give directions to the jury on how to use the evidence in their deliberations. If the evidence is not admitted, the jury will not be allowed to hear it or consider it in their deliberations. court’s powers to exclude bad character evidence. In English criminal litigation, a court has the power to exclude bad character evidence if the court considers it necessary to do so in the interests of justice. Under section 101(3) of the Criminal Justice Act 2003, the court must exclude bad character evidence if it is satisfied that the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The court may also exclude bad character evidence if it is unfairly prejudicial to the defendant, if it is irrelevant to an issue in the case, if its probative value is substantially outweighed by the risk of prejudice to the defendant, or if its admission would otherwise be an abuse of the court's process. Additionally, the court has the power to give a warning to the jury about the limited use that can be made of bad character evidence that is admitted. The court can instruct the jury to use the evidence only for a limited purpose, such as to evaluate the credibility of a witness, and not to use it to infer that the defendant is guilty of the offense charged. exclusion of evidence. scope and application of s. 78 PACE and the right to a fair trial. Section 78 PACE provides the court with a discretionary power to exclude evidence that has been obtained in a manner that would render the proceedings unfair. This includes any evidence that is admissible but may have been obtained in an unfair or prejudicial manner, or if the admission of the evidence would affect the fairness of the trial. Section 78 applies to all types of evidence, including confessions, identification evidence, and bad character evidence, as well as any other evidence obtained during the investigation or trial. In order to exclude evidence under s. 78, the court must be satisfied that the prejudicial effect of the evidence outweighs its probative value. The court must consider the overall impact that the evidence will have on the fairness of the trial and the extent to which the defendant's right to a fair trial will be compromised by the admission of the evidence. The court must also consider any other factors that are relevant to the case, such as the reliability of the evidence, the nature of the offence, and the strength of the prosecution case. The court must balance the interests of the prosecution and the defendant, and ensure that the trial remains fair and impartial. The right to a fair trial is a fundamental principle of English criminal law, enshrined in the European Convention on Human Rights. The exclusion of evidence under s. 78 is one of the mechanisms available to protect this right. The court's power to exclude evidence is a safeguard against the admission of evidence that would render the proceedings unfair, and it is an important aspect of ensuring that the trial remains fair and impartial. Trial procedure in magistrates’ court and Crown Court. The trial procedure varies depending on whether the trial is held in the magistrates' court or the Crown Court. In both courts, the trial proceeds after the defendant has entered a plea of not guilty, and the prosecution has provided the defence with all the relevant evidence in the case. burden and standard of proof. The burden of proof in a criminal trial lies with the prosecution, who must prove beyond a reasonable doubt that the defendant committed the alleged offence. The standard of proof required in a criminal trial is the highest standard of proof in the legal system, beyond a reasonable doubt. This means that the prosecution must prove their case to a level where the jury is sure of the defendant's guilt. In a magistrates' court trial, the trial is usually conducted by a bench of three magistrates or a district judge sitting alone. The prosecution presents their case first, calling witnesses to give evidence and presenting any relevant exhibits. The defence then has the opportunity to cross-examine the prosecution's witnesses and present their own evidence, including calling their own witnesses and presenting any relevant exhibits. In a Crown Court trial, the trial is conducted before a judge and a jury of 12 people. The trial follows a similar structure to that of a magistrates' court trial, with the prosecution presenting their case first, followed by the defence. However, the trial is usually more formal and complex, and both the prosecution and defence may be represented by barristers. At the end of the trial, the jury will consider the evidence presented and decide whether the defendant is guilty or not guilty of the offence charged. In a magistrates' court, the bench of magistrates or the district judge will make this decision. If the defendant is found guilty, the court will then consider any sentencing options available to them. In a Crown Court trial, if the defendant is found guilty, the judge will usually adjourn the case to a later date for sentencing. stages of a criminal trial, including submission of no case to answer. 1. Preliminary Hearing: Before the trial, there may be a preliminary hearing to address any procedural or legal issues that could affect the trial's conduct. The defendant may enter a plea of guilty or not guilty at this hearing. 2. Opening Statements: At the beginning of the trial, the prosecution and defence will make opening statements outlining their respective cases. 3. Presentation of Evidence: The prosecution will present its case first, calling witnesses and introducing evidence to prove the defendant's guilt. The defence will then have an opportunity to cross-examine the prosecution witnesses and present its own evidence. 4. No Case to Answer: At the end of the prosecution case, the defence can make a submission of no case to answer if they feel the prosecution has not presented sufficient evidence to prove the defendant's guilt. 5. Closing Statements: After all the evidence has been presented, the prosecution and defence will make closing statements summarising their respective cases and arguments. 6. Judge's Summing Up: The judge will then give a summing up of the evidence and the law to the jury, explaining how they should consider the evidence in deciding the case. 7. Jury Deliberation and Verdict: The jury will then retire to consider their verdict. In the magistrates' court, the magistrates will make a decision themselves. The jury must decide if they find the defendant guilty or not guilty, based on the standard of proof. 8. Sentencing: If the defendant is found guilty, the court will proceed to sentencing. The defence and prosecution will make submissions on appropriate sentence, and the judge will make the final decision. In the Crown Court, the defendant can elect to be tried by judge and jury or by judge alone. modes of address and Court room etiquette. In the trial procedure of magistrates' court and Crown Court in English criminal litigation, there are certain modes of address and court room etiquette that should be followed by all parties involved. When addressing the judge, it is important to use the correct form of address, which is "Your Honour" or "My Lord/Lady" in Crown Court. Counsel should also address their clients as "Mr/Mrs/Miss" or "Sir/Madam". It is not appropriate to interrupt when someone else is speaking, and it is important to wait for the judge to address you before speaking. During a trial, it is important to maintain proper court room etiquette. This includes standing when the judge enters or leaves the court, and remaining standing until the judge sits down or stands up. It is also important to be respectful and polite to all parties involved, including the judge, prosecution, and defence. In addition, all mobile phones and other electronic devices should be turned off or put on silent during court proceedings. Finally, it is important to dress appropriately and professionally when attending court. difference between leading and non-leading questions. In the trial procedure in magistrates’ court and Crown Court in English criminal litigation, questioning of witnesses is an important part of the process. Two types of questioning are leading questions and non-leading questions. A leading question is one that suggests an answer or puts words in the witness's mouth, while a non-leading question is one that is open-ended and allows the witness to answer freely. Leading questions are generally not allowed on direct examination (when a lawyer is questioning their own witness) because they can be used to manipulate the witness's testimony. However, they may be allowed on cross-examination (when a lawyer is questioning the opposing party's witness) to challenge the credibility of the witness or to elicit information that the witness may not have offered on their own. Non-leading questions are typically used during direct examination to allow the witness to give their own account of events without the lawyer suggesting an answer. This allows the jury or judge to make their own assessment of the witness's credibility and the evidence presented. In summary, leading questions suggest answers to the witness, while non-leading questions allow the witness to give their own account of events. The use of leading questions is generally limited to cross-examination in English criminal litigation. competence and compellability. In English criminal litigation, a witness must have both competence and compellability to give evidence in court. Competence refers to a witness's ability to understand questions and provide coherent answers. It is presumed that every person is competent to give evidence unless the court rules otherwise. Compellability, on the other hand, refers to a witness's legal obligation to give evidence in court. Certain categories of people are not compellable, meaning they cannot be legally forced to give evidence. These include spouses or civil partners of the defendant, children under the age of 14, and people with mental disabilities who cannot understand the nature of the oath or affirmation. Even if a witness is compellable, they may still refuse to answer certain questions if doing so would incriminate them. In this case, the witness can claim the right to remain silent under the privilege against self-incrimination. However, the privilege does not apply to all questions and may be overridden by the court in certain circumstances. special measures. Special measures refer to the various measures or adjustments that can be made in court proceedings to assist vulnerable and intimidated witnesses or defendants to give evidence or participate in the trial process. These measures aim to minimize any disadvantage or stress that may be caused by the court process to vulnerable or intimidated parties, and to ensure that they can participate fully and effectively in the trial. Special measures can include a range of different provisions, such as giving evidence through a live video link or behind a screen, the use of an intermediary to help with communication, or the use of an aid to communication, such as a hearing loop or sign language interpreter. Special measures are available to both prosecution and defence witnesses and defendants, and the decision to grant them is made by the judge, based on an assessment of the individual's needs and circumstances. The use of special measures is governed by Part 3 of the Youth Justice and Criminal Evidence Act 1999 and the Criminal Procedure Rules. solicitor’s duty to the court. In the trial procedure in magistrates' court and Crown Court in English criminal litigation, solicitors have a duty to the court that is separate and distinct from their duty to their client. This means that the solicitor's primary obligation is to assist the court in the administration of justice. Solicitors are officers of the court and they must act with integrity, independence and objectivity. They are bound to uphold the rule of law and the proper administration of justice. This duty extends to the conduct of the solicitor during the trial, including the presentation of evidence and cross-examination of witnesses. Solicitors have a duty to ensure that the court is provided with full and frank disclosure of all material facts, including any weaknesses or inconsistencies in the evidence. They must not deceive or mislead the court, and they must not knowingly present false or misleading evidence. In addition, solicitors have a duty to ensure that their client's case is presented as fully and effectively as possible within the bounds of the law. However, this duty must be balanced against the solicitor's duty to the court, and the solicitor must not act in a manner that undermines the administration of justice. Overall, solicitors are required to act with honesty, integrity, and in the interests of justice, in order to maintain the proper functioning of the criminal justice system. Sentencing. role of sentencing guidelines. Sentencing guidelines are a set of principles and rules established by the Sentencing Council for England and Wales to provide guidance to judges and magistrates in sentencing offenders. The guidelines aim to ensure that similar cases are treated similarly and that sentencing decisions are made in a consistent, transparent and proportionate manner. The guidelines provide a framework within which a sentencing judge or magistrate considers the seriousness of the offence, the culpability of the offender, and any mitigating or aggravating factors. The guidelines also take into account the harm caused to the victim and the impact of the offence on the community. The guidelines cover a wide range of criminal offences, from minor traffic offences to serious violent crimes. They set out the range of sentences that may be appropriate for each type of offence, taking into account the specific circumstances of the offence and the offender. Judges and magistrates are required to follow the guidelines unless they are satisfied that it would be contrary to the interests of justice to do so. If they depart from the guidelines, they must provide reasons for doing so. The guidelines are regularly reviewed and updated to ensure that they reflect changes in legislation, case law and societal attitudes towards particular types of offences. determining seriousness (aggravating and mitigating facts). When a judge or magistrate is determining a sentence for an offence in English criminal litigation, they must take into account both the aggravating and mitigating factors of the case in order to determine the seriousness of the offence. Aggravating factors are those which increase the seriousness of the offence, while mitigating factors are those which decrease the seriousness. Examples of aggravating factors include: Examples of mitigating factors include: The judge or magistrate will consider all relevant aggravating and mitigating factors when determining the sentence, and will balance these against the statutory guidelines and any other relevant sentencing principles. The sentence must be proportionate to the seriousness of the offence, and should reflect the offender's level of culpability, the harm caused, and the public interest in punishing and deterring such offences. concurrent and consecutive sentences. In English criminal litigation, concurrent and consecutive sentences refer to the ways in which a court can order a defendant to serve multiple sentences for different criminal offenses. A concurrent sentence is where the court orders that two or more sentences of imprisonment should be served at the same time. For example, if a defendant is convicted of two offenses and sentenced to three years in prison for each offense, and the judge orders that the sentences should be served concurrently, the defendant will serve a total of three years in prison, rather than six. A consecutive sentence, on the other hand, is where the court orders that two or more sentences of imprisonment should be served one after the other. For example, if a defendant is convicted of two offenses and sentenced to three years in prison for each offense, and the judge orders that the sentences should be served consecutively, the defendant will serve a total of six years in prison. When deciding whether to impose concurrent or consecutive sentences, the court will consider a range of factors, including the seriousness of the offenses, the defendant's criminal history, and any aggravating or mitigating factors. The court may impose consecutive sentences if it feels that the defendant's criminal conduct warrants a more severe punishment, or if it feels that concurrent sentences would not adequately reflect the gravity of the offenses. mitigation. Mitigation in sentencing refers to the circumstances or factors that may reduce the level of punishment for an offence. When deciding on the appropriate sentence, the court will take into account any mitigating factors to ensure that the punishment fits the crime. Mitigating factors can be any aspect of the offender’s background, the nature of the offence or their personal circumstances that may explain or lessen their culpability. For instance, an offender who pleads guilty at the earliest opportunity may be eligible for a reduced sentence. Similarly, an offender who has no previous criminal record may receive a lesser sentence than one with a history of similar convictions. Other factors that may be considered as mitigating factors include: The court may also consider other mitigating factors that are specific to the case in question. However, it is important to note that mitigation cannot reduce a sentence below the statutory minimum. Additionally, the court may take into account aggravating factors that may offset the effect of any mitigating factors. types of sentence. custodial sentences. A custodial sentence is a type of sentence that involves the offender being sent to prison for a specified period of time. Custodial sentences are considered to be the most severe form of punishment, and are generally reserved for more serious offences or repeat offenders. There are different types of custodial sentences that can be imposed, depending on the seriousness of the offence and other factors. These include: 1. Determinate sentences: These are fixed-term sentences, where the offender is given a specific amount of time to be spent in custody. The length of the sentence will depend on the offence and the circumstances of the case. 2. Indeterminate sentences: These are sentences where the offender is not given a fixed term, but is instead given a minimum term to be served. The length of the sentence will depend on the seriousness of the offence, and the offender will only be released if the Parole Board deems them to no longer be a risk to the public. 3. Life sentences: These are the most severe form of custodial sentence, and are reserved for the most serious offences such as murder. A life sentence means that the offender will spend the rest of their life in prison, unless they are granted parole. When imposing a custodial sentence, the court will consider a range of factors, including the nature and seriousness of the offence, the offender's previous convictions and their personal circumstances. The court may also take into account any mitigating factors, such as the offender's guilty plea or their cooperation with the authorities, when determining the length of the sentence. Custodial sentences are usually served in a prison or young offender institution, and the offender will be subject to a range of rules and regulations while in custody. They may also be eligible for early release on licence, subject to certain conditions such as attending rehabilitation programs or reporting to a probation officer. suspended sentences. A suspended sentence is a type of sentence that allows a convicted offender to avoid immediate imprisonment. Instead, the offender is given a custodial sentence, which is suspended for a specified period of time on the condition that the offender complies with certain requirements and does not commit any further offences. The court can suspend a sentence for any period up to two years, and the offender must comply with certain requirements during that time. These requirements can include: 1. Abiding by the law: The offender must not commit any further offences during the suspension period. 2. Community service: The offender may be required to perform unpaid work in the community. 3. Rehabilitation: The offender may be required to attend counselling, treatment programs, or other forms of rehabilitation. 4. Curfew: The offender may be required to stay at home during certain hours of the day or night. 5. Prohibition: The offender may be prohibited from doing certain things, such as going to certain places or contacting certain people. If the offender complies with the conditions of the suspended sentence, they will not have to serve the custodial sentence. However, if they breach the conditions, they may be required to serve the custodial sentence. Suspended sentences are often used in cases where the offence is not serious enough to warrant immediate imprisonment, but where the court wants to impose a custodial sentence as a deterrent or to show that the offence is taken seriously. They can also be used in cases where the offender has shown genuine remorse and is unlikely to reoffend. community orders. Community orders are a type of non-custodial sentence that can be imposed by a court in English criminal litigation. The purpose of a community order is to provide an offender with a punishment that requires them to address their offending behavior while remaining in the community. A community order may include a range of requirements that an offender must comply with, which may include one or more of the following: 1. Unpaid work requirement: The offender is required to carry out a specified number of hours of unpaid work in the community. This requirement is designed to provide the offender with the opportunity to make reparation for their offending behavior and contribute to their local community. 2. Curfew requirement: The offender is required to remain at a specified address during certain hours of the day. This requirement is designed to restrict an offender's movements and reduce the likelihood of them committing further offences. 3. Exclusion requirement: The offender is required to stay away from certain places or people. This requirement is designed to protect the public and prevent the offender from coming into contact with individuals or situations that may lead to further offending. 4. Supervision requirement: The offender is required to meet with a probation officer who will provide support and guidance to help them address their offending behavior. 5. Rehabilitation requirement: The offender is required to attend a course or program designed to help them address the underlying causes of their offending behavior, such as drug or alcohol addiction. 6. Mental health treatment requirement: The offender is required to attend a program or receive treatment for a mental health issue that may have contributed to their offending behavior. Community orders are usually imposed for a period of 12 months but can be extended for up to 36 months in some cases. If an offender fails to comply with the requirements of a community order, they may be brought back before the court and sentenced to a more severe punishment, such as a custodial sentence. Newton hearings. Newton hearings are a type of hearing in English criminal litigation that are used to determine disputed factual issues that arise during the trial process. They are typically conducted in the Crown Court before a judge without a jury. Newton hearings arise when the prosecution and defence disagree on a factual issue that is relevant to the case, but that cannot be resolved by the evidence already presented. For example, if the defendant is accused of possessing drugs with intent to supply, the prosecution might argue that the drugs were found in the defendant's possession, while the defence might argue that the drugs belonged to someone else. If the judge is unable to resolve the dispute based on the existing evidence, a Newton hearing may be held to hear additional evidence or testimony from witnesses. During a Newton hearing, the judge will hear evidence from both sides and make a determination on the disputed factual issue. The standard of proof in a Newton hearing is the balance of probabilities, which means that the judge must decide which version of events is more likely to be true. The judge's decision is binding and will be incorporated into the overall verdict in the case. Newton hearings are named after a 1982 Court of Appeal case, R v Newton, which established the use of these hearings as a means of resolving disputed factual issues in criminal trials. Appeals procedure. appeals from the magistrates’ court. procedure for appeal against conviction and/or sentence. If a defendant is convicted and/or sentenced in a Magistrates' Court in England, they have the right to appeal against the conviction and/or sentence to the Crown Court. The procedure for appealing against a conviction and/or sentence from a Magistrates' Court involves the following steps: 1. Notice of Appeal: The defendant must file a Notice of Appeal with the Magistrates' Court within 21 days of the date of conviction and/or sentence. The Notice of Appeal should set out the grounds of appeal, which are the reasons why the defendant believes the conviction and/or sentence was wrong or unjust. 2. The appeal hearing: The appeal will be heard in the Crown Court. The defendant can choose to have the appeal heard by a judge alone or by a judge and two magistrates. The Crown Prosecution Service will be informed of the appeal and will be given an opportunity to respond to the grounds of appeal. 3. Grounds of appeal: The defendant will need to argue their grounds of appeal in front of the court. The defendant may need to produce evidence to support their grounds of appeal, such as witness statements, expert reports or new evidence that was not available at the time of the original trial. 4. The decision: The Crown Court will consider the grounds of appeal and decide whether the conviction and/or sentence was wrong or unjust. The court may decide to: 5. Further appeals: If the defendant is not satisfied with the decision of the Crown Court, they may be able to appeal further to the Court of Appeal or the Supreme Court. However, the grounds for appeal must be based on an error of law or a significant procedural irregularity. It is important to note that the appeal process can be complex and time-consuming. It is recommended that anyone considering an appeal seek legal advice to ensure they have the best possible chance of success. powers of the Crown Court. In appeals from the Magistrates' Court in England, the Crown Court has a number of powers and responsibilities, including: 1. Re-hearing the case: The Crown Court has the power to re-hear the case and consider all the evidence afresh. This means that the Crown Court can make its own decision on the guilt or innocence of the defendant. 2. Quashing the conviction: If the Crown Court finds that the conviction was unsafe, it has the power to quash the conviction. This means that the conviction is set aside, and the defendant is deemed to be not guilty. 3. Quashing the sentence: If the Crown Court finds that the sentence was excessive or inappropriate, it has the power to quash the sentence and substitute a more appropriate sentence. This means that the defendant will be re-sentenced. 4. Varying the sentence: The Crown Court may decide to vary the sentence imposed by the Magistrates' Court. This means that the Crown Court can increase or decrease the sentence as appropriate. 5. Remitting the case to the Magistrates' Court: The Crown Court has the power to remit the case back to the Magistrates' Court for re-sentencing or re-trial. 6. Making costs orders: The Crown Court has the power to make costs orders in relation to the appeal. This means that the Crown Court can order one party to pay the costs of the other party. It is important to note that the powers of the Crown Court in appeals from the Magistrates' Court are limited by the grounds of appeal. The Crown Court can only consider the grounds of appeal that are specified in the Notice of Appeal. The Crown Court cannot consider new evidence that was not presented in the Magistrates' Court unless there is a good reason for doing so. appeal to the High Court by way of case stated. An appeal to the High Court by way of case stated is a type of appeal that can be made by a defendant who has been convicted or sentenced in a Magistrates' Court in England. This type of appeal involves the High Court considering a "case stated" - a statement of facts and legal issues - that has been prepared by the Magistrates' Court. The procedure for making an appeal to the High Court by way of case stated is as follows: 1. Notice of Appeal: The defendant must file a Notice of Appeal with the Magistrates' Court within 21 days of the date of conviction and/or sentence. The Notice of Appeal should set out the grounds of appeal, which are the reasons why the defendant believes the conviction and/or sentence was wrong or unjust. 2. Case Stated: The Magistrates' Court will then prepare a case stated. This will be a document that sets out the relevant facts of the case, the legal issues that arose during the trial, and the decision of the Magistrates' Court. 3. Appeal to the High Court: The defendant can then appeal to the High Court by way of case stated. The defendant can only appeal on a point of law or on a question of jurisdiction. 4. High Court hearing: The High Court will then hear the appeal and consider the case stated. The High Court will not consider new evidence or re-hear the case. The High Court can only consider the facts and legal issues as set out in the case stated. 5. The decision: The High Court will consider the grounds of appeal and decide whether the conviction and/or sentence was wrong or unjust. The court may decide to: It is important to note that an appeal to the High Court by way of case stated is a complex and technical process. It is recommended that anyone considering an appeal seek legal advice to ensure they have the best possible chance of success. appeals from the Crown Court. grounds of appeal. Explain grounds of appeal in appeals from the Crown Court in English criminal litigation. An appeal to the High Court by way of case stated is a type of appeal that can be made by a defendant who has been convicted or sentenced in a Magistrates' Court in England. This type of appeal involves the High Court considering a "case stated" - a statement of facts and legal issues - that has been prepared by the Magistrates' Court. The procedure for making an appeal to the High Court by way of case stated is as follows: 1. Notice of Appeal: The defendant must file a Notice of Appeal with the Magistrates' Court within 21 days of the date of conviction and/or sentence. The Notice of Appeal should set out the grounds of appeal, which are the reasons why the defendant believes the conviction and/or sentence was wrong or unjust. 2. Case Stated: The Magistrates' Court will then prepare a case stated. This will be a document that sets out the relevant facts of the case, the legal issues that arose during the trial, and the decision of the Magistrates' Court. 3. Appeal to the High Court: The defendant can then appeal to the High Court by way of case stated. The defendant can only appeal on a point of law or on a question of jurisdiction. 4. High Court hearing: The High Court will then hear the appeal and consider the case stated. The High Court will not consider new evidence or re-hear the case. The High Court can only consider the facts and legal issues as set out in the case stated. 5. The decision: The High Court will consider the grounds of appeal and decide whether the conviction and/or sentence was wrong or unjust. The court may decide to: It is important to note that an appeal to the High Court by way of case stated is a complex and technical process. It is recommended that anyone considering an appeal seek legal advice to ensure they have the best possible chance of success. procedure for making the appeal. In English criminal litigation, an appeal can be made against conviction and/or sentence in the Crown Court. The procedure for making an appeal in this context is as follows: 1. Notice of Appeal: The first step in making an appeal is to file a Notice of Appeal. This must be done within 28 days of the date of conviction and/or sentence. The Notice of Appeal should set out the grounds of appeal, which are the reasons why the appellant believes the conviction and/or sentence was wrong or unjust. 2. Grounds of Appeal: The appellant must set out their grounds of appeal in writing. These grounds must be set out clearly and concisely, and they must relate to the law or the facts of the case. 3. Supporting Documents: The appellant must also provide any documents that support their appeal, such as transcripts of the trial, witness statements, and expert reports. 4. Application for Bail: If the appellant is in custody, they can apply for bail pending the appeal. This will involve making an application to the Court of Appeal. 5. Grounds of Appeal Hearing: The appellant will then attend a Grounds of Appeal Hearing before a single judge in the Court of Appeal. This hearing is to determine whether the appeal has any merits or not. 6. Full Appeal Hearing: If the appeal is allowed to proceed, a Full Appeal Hearing will be scheduled. At this hearing, the Court of Appeal will consider the grounds of appeal and any supporting documents, and may also hear oral arguments from the appellant's legal team and the Crown Prosecution Service. 7. The Decision: The Court of Appeal will then make a decision on the appeal. The court may decide to: It is important to note that the appeals process can be complex and time-consuming. It is recommended that anyone considering an appeal seek legal advice to ensure they have the best possible chance of success. powers of the Court of Appeal. The Court of Appeal is responsible for hearing appeals against conviction and/or sentence from the Crown Court. The Court of Appeal has a number of powers in relation to these appeals, which are explained below: 1. Power to dismiss an appeal: The Court of Appeal has the power to dismiss an appeal if it considers that there are no grounds on which to challenge the conviction or sentence. 2. Power to allow an appeal: If the Court of Appeal considers that there are grounds to challenge the conviction or sentence, it has the power to allow the appeal. This means that the conviction and/or sentence will be quashed. 3. Power to order a retrial: If the appeal is allowed and the conviction is quashed, the Court of Appeal may order a retrial. This means that the case will be sent back to the Crown Court to be retried. 4. Power to substitute a verdict: In some cases, the Court of Appeal may decide to substitute its own verdict for that of the jury. This means that the Court of Appeal will decide whether the defendant is guilty or not guilty. 5. Power to vary a sentence: If the appeal is against sentence, the Court of Appeal has the power to vary the sentence. This means that the Court of Appeal may decide to increase or decrease the sentence. 6. Power to consider new evidence: The Court of Appeal has the power to consider new evidence if it is relevant to the appeal. However, the Court of Appeal will only consider new evidence if it is satisfied that it is in the interests of justice to do so. 7. Power to grant or refuse bail: The Court of Appeal has the power to grant or refuse bail pending the appeal. Overall, the Court of Appeal has significant powers in relation to appeals from the Crown Court. These powers enable the Court of Appeal to carefully consider appeals and ensure that justice is served. Youth court procedure. The Youth Court is a special court designed to deal with cases involving defendants under the age of 18. allocation. youths jointly charged with adult. In English criminal litigation, when youths (individuals under the age of 18) are jointly charged with adults, the case typically follows a specific procedure within the youth court system. This is designed to take into account the age and vulnerability of the young defendants while ensuring a fair and appropriate legal process. Here's an overview of the key aspects of the youth court procedure when youths are jointly charged with adults: 1. Allocation: The case is initially allocated to the youth court if at least one of the defendants is under the age of 18. The youth court is a specialized division of the magistrates' court or Crown Court that deals exclusively with cases involving young offenders. 2. Separate Trials: In some cases, the court may decide to conduct separate trials for the youths and adults, especially if their defenses or interests differ significantly. This decision is made to ensure fairness and prevent prejudice. 3. Sentencing Guidelines: If the youths are found guilty, the sentencing guidelines for young offenders are applied. These guidelines take into account the age and maturity of the youth, with a focus on rehabilitation and support rather than punitive measures. 4. Reporting Restrictions: The identity of the young defendants is protected by reporting restrictions that prevent the media from publishing their names or any other information that could identify them. This is done to safeguard their privacy and future prospects. 5. Legal Representation: The youths have the right to legal representation, and they may be assigned a youth court advocate or solicitor experienced in dealing with young offenders. 6. Support and Welfare: The court considers the welfare and well-being of the young defendants throughout the proceedings. This may include assessing their educational needs, social circumstances, and any support required to address underlying issues contributing to their involvement in criminal activity. 7. Youth Offender Panels: In some cases, if the youth admits guilt, they may be referred to a Youth Offender Panel, which works to develop a rehabilitation plan tailored to the individual's needs. This approach aims to address the causes of offending behavior and prevent reoffending. Overall, the youth court procedure for youths jointly charged with adults is designed to strike a balance between accountability and rehabilitation, recognizing that young offenders have unique needs and vulnerabilities that should be taken into account within the criminal justice system. sentencing. Role of the Sentencing Children and Young People – definitive guidelines. The Sentencing Children and Young People – definitive guidelines is a document issued by the Sentencing Council in 2017 which sets out the framework for sentencing in cases involving children and young people. It provides guidance to judges and magistrates on how to approach sentencing in a way that takes into account the unique circumstances of young defendants. The guidelines set out a number of key principles that should be followed in sentencing young defendants, including: 1. The welfare of the child: The welfare of the child should be the court's paramount consideration. This means that the court should take into account the child's age, maturity, background and any other factors that may affect their welfare. 2. The seriousness of the offence: The court should take into account the seriousness of the offence and any harm caused to the victim. 3. The culpability of the offender: The court should consider the extent to which the young defendant is responsible for the offence. 4. The impact of the offence on the victim: The court should consider the impact of the offence on the victim and their family. 5. The need for punishment and rehabilitation: The court should consider the need to punish the young defendant for their offence, but also the need to rehabilitate them and prevent future offending. The guidelines also set out a range of factors that should be taken into account when determining the appropriate sentence for a young defendant. These include the young defendant's age, previous offending history, family circumstances, and any other relevant factors. Overall, the guidelines play an important role in ensuring that young defendants are sentenced in a way that takes into account their age, maturity and individual circumstances. By following the guidelines, judges and magistrates can ensure that young defendants receive appropriate and proportionate sentences that are designed to prevent further offending and promote rehabilitation. referral orders. A referral order is a type of sentence that can be given to young offenders who have pleaded guilty to a criminal offence. When a young offender is given a referral order, they will be referred to a youth offender panel, which is made up of trained volunteers who work with the young person to develop a rehabilitation plan. The panel will assess the young person's needs and develop a plan that is tailored to their individual circumstances. The plan may include things like education and training programs, counseling or mentoring, and restorative justice activities. The length of a referral order will typically be between three and twelve months, depending on the needs of the young person and the nature of the offence. During this time, the young person will be required to attend regular meetings with the youth offender panel, and to comply with the terms of their rehabilitation plan. Failure to comply with the terms of the referral order can result in the case being returned to court, and the young person being sentenced to a more severe penalty. Referral orders are intended to be a restorative and rehabilitative approach to youth justice, rather than a punitive one. By addressing the underlying causes of offending behavior and providing support and guidance to young offenders, referral orders aim to prevent further offending and reduce the overall level of youth crime in the community. detention and training orders. Detention and training orders (DTOs) are a type of custodial sentence that can be imposed on young offenders in the Youth court procedure in English criminal litigation. A DTO is designed to combine detention with education, training, and support for rehabilitation. A DTO is only available for young people who are aged between 12 and 17 at the time of the offence, and who have been convicted of a criminal offence that is sufficiently serious to warrant a custodial sentence. The minimum length of a DTO is four months, and the maximum is 24 months. A DTO is made up of two parts: 1. The detention period: This is the period of time that the young person will spend in custody. The length of the detention period will depend on the seriousness of the offence, the young person's age and maturity, and other relevant factors. During the detention period, the young person will be housed in a secure facility. 2. The training period: This is the period of time that the young person will spend receiving education, training, and support. The training period will be set by the court and can be up to half the length of the detention period. During the training period, the young person will receive support to help them address the underlying causes of their offending behavior, such as substance abuse or mental health problems. During a DTO, the young person will be closely supervised and supported by a range of professionals, including teachers, counselors, and youth justice workers. The aim of a DTO is to provide the young person with the support and guidance they need to turn their life around and avoid future offending. It's worth noting that DTOs are only used in cases where the young person's offending behavior is considered to be serious and persistent. The Youth court will carefully consider all of the relevant factors before imposing a DTO, and will only do so if it is considered to be in the best interests of the young person and the wider community. youth rehabilitation orders. Youth rehabilitation orders (YROs) are a type of community sentence that can be imposed on young offenders. YROs are designed to help young people address the underlying causes of their offending behavior, and to prevent them from reoffending in the future. YROs may only be imposed if the court thinks that the offence was 'serious enough to warrant the making of such an order'. A YRO can last for up to three years. When a young person is given a YRO, they will be required to comply with a range of conditions that are designed to help them address the issues that may be contributing to their offending behavior. The conditions of a YRO will be tailored to the individual needs of the young person, and may include things like: During the period of the YRO, the young person will be closely supervised and supported by a youth offender manager, who will work with them to help them meet the conditions of the order. The aim of the YRO is to provide the young person with the guidance, support, and structure they need to address the issues that may be contributing to their offending behavior, and to help them develop the skills and confidence they need to make positive choices in the future. It's worth noting that a YRO is only used in cases where the young person's offending behavior is considered to be relatively minor, and where a custodial sentence would not be appropriate. The Youth court will carefully consider all of the relevant factors before imposing a YRO, and will only do so if it is considered to be in the best interests of the young person and the wider community.

Acing the SQE/SQE1 Sample. FLK1 Answers and Explanations. Question 1. Contract Law: Formation: offer and acceptance https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question1 The best answer is B. The website designers made an offer through their leaflet by advertising their website design packages and including their standard terms and conditions, which contained a limitation clause. However, this offer was not accepted by the architect merely by asking for a quotation. This action only amounted to an invitation to treat, which is an invitation to negotiate or start a contract. The architect made a counter offer by sending a letter with his own standard terms and conditions, which did not contain a limitation clause. However, by signing and returning the tear-off slip stating that he accepted the quotation on the website designers’ standard terms and conditions, the architect accepted the website designers' offer, and the contract was formed on their terms. Therefore, option B is the most accurate statement because the quotation constituted an offer which the architect accepted on the website designers’ standard terms and conditions. In English contract law, a limitation clause is a provision in a contract that seeks to limit the liability of one or both parties in the event of a breach of contract or other loss or damage. For example, a limitation clause may limit the amount of damages that a party can claim, or exclude certain types of losses or damages altogether. It may also limit the time within which a party can bring a claim, or require that certain conditions be met before a claim can be made. Limitation clauses are often used in commercial contracts, where the parties may wish to limit their exposure to potential losses or liabilities. They are also commonly found in consumer contracts, such as insurance policies or standard terms and conditions, where the supplier may seek to limit its liability to the consumer in the event of a breach of contract. However, limitation clauses are subject to certain legal requirements and limitations. For example, under the Unfair Contract Terms Act 1977, limitation clauses that seek to exclude or limit liability for death or personal injury resulting from negligence are generally unenforceable. Similarly, a limitation clause may be unenforceable if it is found to be unfair or unreasonable, or if it is not sufficiently clear and specific to be enforceable. Therefore, it is important for parties to carefully draft limitation clauses to ensure that they are legally enforceable and do not run afoul of these limitations and requirements. Question 2. Business Law and Practice: Insolvency (corporate and personal): order of priority for distribution to creditors. https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question2 The correct answer is C. The priority of competing security interests in a company's assets is determined by the rules of priority established under the law of secured transactions. In this case, there are two competing security interests over the company's assets: the trade supplier's floating charge and the bank's floating charge. Under the general rule of priority, a later security interest will have priority over an earlier one if it is created in good faith, for valuable consideration, and without notice of the earlier interest. However, if the earlier interest is properly registered, it will generally take priority over any later interest, regardless of when it was created or whether the later holder had notice of it. In this case, the trade supplier's floating charge was created earlier than the bank's floating charge, but it was not registered at Companies House. The bank was aware of the existence of the trade supplier's charge, but it was not registered at the time the bank created its own charge. The failure to register the trade supplier's charge means that it is void against the administrator and the bank. This means that the administrator and the bank are not bound by the trade supplier's charge and can enforce their own security interests over the company's assets. As a result, the bank's floating charge takes priority over the trade supplier's charge, even though it was created later in time. In summary, the failure to register the trade supplier's floating charge means that it is void against the administrator and the bank. This allows the bank's floating charge to take priority over the trade supplier's charge, even though it was created later in time. In English company law, a floating charge is a type of security interest that can be taken out over a company's assets to secure a loan or other form of credit. Unlike a fixed charge, which attaches to specific assets of the company (such as property or machinery), a floating charge is a charge over a group of assets that are subject to change over time. The assets covered by a floating charge may include inventory, accounts receivable, and other assets that are subject to fluctuation in value and turnover. The charge "floats" over these assets, meaning that the company can continue to use and dispose of them in the ordinary course of business, subject to certain restrictions set out in the charge agreement. A floating charge allows a lender to secure a loan without taking possession of specific assets, which can be beneficial for both the lender and the company. For the lender, a floating charge provides security over the company's assets while allowing the company to continue to operate and generate income. For the company, a floating charge can provide more flexibility in managing its assets, as it can continue to use and dispose of the assets covered by the charge without seeking permission from the lender. However, there are limitations on the use of floating charges in company law. For example, a floating charge may be invalid if it is created to secure past debts, rather than future debts. Additionally, if a company enters into administration or liquidation, a floating charge will "crystallize" into a fixed charge, which means that the lender will no longer be able to use the assets covered by the charge. Overall, floating charges are an important tool in the financing of businesses in the UK, providing a flexible means of securing credit while allowing companies to continue to operate and manage their assets. In English company law, a debenture is a type of document that creates a fixed or floating charge over a company's assets as security for a loan or other form of credit. When a company enters into a debenture with a bank, it is essentially agreeing to use its assets as collateral for the loan. A debenture can take many forms, but it typically sets out the terms of the loan, the amount of the loan, the interest rate, and the repayment terms. The debenture will also specify the assets that are being used as collateral for the loan, whether they are fixed or floating assets. If the debenture creates a fixed charge, it means that the assets being used as collateral are specific and clearly defined, and cannot be sold or otherwise disposed of without the lender's consent. Examples of fixed assets might include property or machinery. If the debenture creates a floating charge, it means that the assets being used as collateral are not specific and may change over time. Examples of floating assets might include inventory, accounts receivable, or other assets that are subject to fluctuation. Entering into a debenture with a bank can be an important means for a company to secure financing, but it also comes with certain risks. If the company defaults on the loan, the bank may take possession of the assets used as collateral to recover the debt. Therefore, it is important for companies to carefully consider the terms of the debenture and ensure that they are able to meet their obligations under the loan agreement. Question 3. Dispute Resolution: Disclosure and inspection: privilege and without prejudice communications https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question3 The correct answer is D. Litigation privilege protects confidential communications between a client and their lawyer or third parties for the dominant purpose of obtaining or giving legal advice in connection with actual or anticipated litigation. In this case, the two-page letter was written by an independent financial adviser with the sole purpose of giving advice about drafting the letter before claim in the present litigation. Therefore, it was created for the dominant purpose of obtaining legal advice in connection with the present litigation, and it is likely to be protected by litigation privilege. The fact that the letter was found in the office of the claimant’s managing director and is in the possession of the claimant’s solicitor does not affect the claimant's right to withhold inspection of the letter under litigation privilege. Option A is incorrect because control is not a relevant factor for determining whether litigation privilege applies. Option B is incorrect because legal advice privilege only applies to confidential communications between a client and their lawyer for the purpose of giving or receiving legal advice. Option C is incorrect because proportionality is a factor to be considered in granting or denying inspection of a document, but it is not a basis for claiming a right to withhold inspection. Option E is incorrect because the timing of the letter does not affect the applicability of litigation privilege. Question 4. Business Law and Practice: Legal personality and limited liability. https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question4 Option C is correct. In this situation, the contract for the supply of cycling clothing was signed by the cycling enthusiast in his own name, but on behalf of the company before it was formally incorporated. Therefore, the contract is not legally binding on the company because the company did not exist at the time the contract was signed. Until a company is incorporated, it has no legal personality, rights or obligations. Therefore, any contracts entered into before incorporation are not binding on the company, and the promoter who signed the contract will be personally liable for any obligations arising from the contract. In this case, because the contract was signed by the cycling enthusiast in his own name, on behalf of the company, the obligation to perform the contract rests with the enthusiast personally rather than the company. The benefit of the contract will therefore also reside with the enthusiast alone, and not with the company or its shareholders. In order to make the contract binding on the company, the enthusiast would need to sign a new contract in the name of the company after it has been formally incorporated. This would ensure that the company, as a separate legal entity, is bound by the terms of the contract and can enjoy its benefits. Question 5. Public Law: judicial review: standing https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question5 Option C is correct. The cousin cannot bring legal proceedings as the woman’s representative under the HRA. Under the HRA, a victim of an infringement of their Convention rights may bring proceedings in court against a public authority. However, the HRA does not provide for representative actions, except in specific cases where the victim is dead or lacks capacity. Option A is incorrect because family representatives are not specifically granted standing under the HRA. Option B is incorrect because although anonymity is a serious concern for the victim, this alone is not sufficient to allow someone else to bring proceedings on her behalf. Option C is the correct answer because only a victim of an infringement can bring an action under the HRA. The cousin is not a victim of the infringement, and therefore cannot bring proceedings on behalf of the woman. Option D is incorrect because the court's satisfaction that the representative is able to meet the expenses of the proceedings is not sufficient to allow someone else to bring proceedings on behalf of the victim. Option E is incorrect because the provision for representative actions under the HRA applies only in limited circumstances where it is not reasonably practicable for the victim to bring separate actions, such as where there are numerous individuals making identical claims. Question 6. Business Law and Practice: Corporate governance and compliance:rights, duties and powers of directors and shareholders of companies https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question6 Option D is correct. Yes, because the transaction involves the sale and purchase of land whose value exceeds 10% of the company’s asset value, which triggers the requirement for shareholder approval under the Companies (Model Articles) Regulations 2008 (unamended). This is because the sale of a substantial non-cash asset such as land requires the approval of the company's shareholders under the regulations, and the value of the land being sold exceeds 10% of the company's net assets. The fact that the proposed purchaser is known to the directors, and that they are also shareholders, is not relevant to the requirement for shareholder approval. Question 7. Contract Law: Remedies:damages https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question7 C is correct. The most likely remedy that the court will award in this situation is the cost of cure. This is a form of damages that requires the supplier to pay the reasonable cost of replacing the tiles with tiles that include the correct border design showing the Greek flag. The aim of this remedy is to put the owner of the restaurant in the position they would have been in if the contract had been performed correctly, by giving them the tiles that they originally ordered and paid for. Question 8. Dispute Resolution: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question8 The correct answer is C. The Limitation Act 1980 sets out time limits within which legal claims must be brought. The time limit for breach of contract claims is generally six years from the date of the breach. In this case, the alleged breach of contract by the plumber took place in June 2015, and the claim was brought in March 2021, within the six-year time limit. When a party to a legal claim dies, the claim does not automatically come to an end. The court has the power to allow the claim to continue against the deceased party's personal representatives, who are responsible for dealing with the deceased person's assets and liabilities. This is done by substituting the personal representatives for the deceased party in the claim. In this case, the plumber died after the claim was brought but before it was resolved. As a result, the claimant applied to substitute the plumber's personal representatives for the deceased plumber in the claim, so that the claim could continue. The court has the power to order a new party to be substituted in a legal claim if the relevant limitation period was current when the proceedings were started. In this case, the claim was brought within the six-year time limit for breach of contract claims, and therefore the court has the power to allow the claimant to substitute the plumber's personal representatives as the defendant in the claim. Question 9. Contract Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question9 The correct answer is B. B is correct. There is a contract between the man and the woman because sufficient consideration has been promised. Consideration is a key element in forming a contract, and it refers to something of value that is given in exchange for something else. In this case, the man promised to sell the bicycle to the woman for £25, and the woman promised to pay that amount. This exchange of promises is sufficient consideration to form a contract. Although the man later discovered that the bicycle was worth much more than he initially thought, that does not change the fact that a contract was already formed between the two parties. The man cannot unilaterally cancel the contract simply because he made a mistake about the value of the bicycle. Therefore, if the woman still wants to buy the bicycle for £25, she can hold the man to his promise and force him to sell it to her. However, if the woman agrees to release the man from the contract, then it would be terminated. Question 10. The Legal System: The courts:court hierarchy, the appeal system and jurisdiction https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question10 The correct answer is D. The House of Lords has been replaced by the Supreme Court as the highest court in the UK. Therefore, option C is no longer correct. Under the current legal system, the Court of Appeal and the Supreme Court have the power to grant permission to appeal. The Court of Appeal may grant permission to appeal against its own decision, either at the hearing or later, if an application is made. The Supreme Court may grant permission to appeal against a decision of the Court of Appeal or, in exceptional cases, against a decision of a lower court, if it considers that the case raises an important point of principle or practice, or that there is some other compelling reason for the appeal to be heard. Therefore, the correct answer is D, the Court of Appeal and the Supreme Court have the power to grant permission to appeal. Question 11. Tort Law: Nuisance:public and private nuisance https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question11 The correct answer is B. The cause of action the woman should pursue in tort is B. Public nuisance. Public nuisance is an unreasonable interference with a right that is common to the public. In this case, the man's farmers market is causing the village to become very busy on Thursdays, which is affecting the woman's ability to deliver her goods and resulting in a loss of trade. This interference with the woman's right to carry out her business activities is a common issue affecting the public. Private nuisance, on the other hand, refers to an unreasonable interference with an individual's use or enjoyment of their property. In this case, the woman is not complaining about any interference with her property, but rather the impact on her business activities. Rylands v Fletcher is a strict liability tort that arises when there is an escape of a dangerous substance from a defendant's land, causing damage to a claimant's property. Negligence and trespass to land are also not applicable to this scenario, as they do not adequately address the issue of public interference that is affecting the woman's business. Therefore, the most appropriate cause of action for the woman in this case is public nuisance. Question 12. Business Law and Practice: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question12 The correct answer is D. The liability to pay Capital Gains Tax (CGT) on the gain realised on the sale of the office premises will be on the individual partners and not on the firm as a separate legal entity. The liability to pay CGT will be in accordance with their profit sharing ratios for capital gains, which are based on their capital contributions. Therefore, the senior partner will be liable to pay CGT on 50% of the gain, the managing partner on 30% of the gain and the junior partner on 20% of the gain. This is because they share capital profits in accordance with their capital contributions. The fact that they share income profits equally does not affect their liability for CGT. Question 13. Taxation: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question13 The correct answer is C. The trading loss of £45,000 made in the second accounting period can be set off against the chargeable gain of £75,000 from the first accounting period because the chargeable gain occurred within the 12 month period ending immediately before the accounting period in which the trading loss was incurred. This is known as the "same accounting period" rule. Option A is incorrect because the fact that no trading or capital losses were incurred in the first accounting period is not relevant to the application of the same accounting period rule. Option D is also incorrect because the company does not need to have been carrying on business for a full 12 month period before the accounting period in which the trading loss was incurred for the same accounting period rule to apply. Question 14. Business Law and Practice: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question14 The correct answer is D. The shareholders’ resolution to adopt the New Articles and the New Articles must be filed with the Registrar of Companies. This is because, under section 22 of the Companies Act 2006, any amendment to a company’s articles of association must be evidenced by a copy of the resolution adopting the amendment, and a copy of the articles as amended. The prescribed fee must also be paid. Board minutes proposing the changes to the Model Articles and the New Articles may be kept as internal records but do not need to be filed with the Registrar. Question 15. Legal System: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question15 The correct answer is D. The golden rule is a method of statutory interpretation where the judge departs from the literal meaning of the words used in a statute to avoid an absurd or unjust result. In this scenario, the judge looked at the natural and ordinary meaning of the words used in the relevant statute, but found that this interpretation would lead to an absurd meaning. Therefore, the judge interpreted the words in a different way to avoid this absurdity, which is consistent with the application of the golden rule. Option A, the literal rule, would require the judge to give effect to the natural and ordinary meaning of the words used in the statute, even if this leads to an absurd result. Option B, the mischief rule, involves interpreting a statute to give effect to the intention of Parliament by considering the problem the statute was intended to remedy, but this does not appear to be relevant to the scenario described. Option C, the extrinsic evidence rule, involves using external sources such as parliamentary debates or historical context to interpret a statute, but there is no mention of such sources being used in this scenario. Option E, the intrinsic evidence rule, involves looking at the language and structure of the statute itself to interpret it, but this does not seem to be the method used by the judge in this scenario. Question 16. Public Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question16 The correct answer is B. This is the general principle of the British constitutional law, that when there is a conflict between a statute and a prerogative power, the statute prevails. In this case, although the government is exercising its prerogative powers, the compensation scheme created by Parliament in the legislation has the force of law and the government cannot avoid its obligation to pay compensation by relying on its prerogative powers. The affected occupiers of the buildings can rely on this legislation to claim compensation for any costs and losses incurred while the buildings are under the government's control. Question 17. Ethics https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question17 The best answer is E. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because the original estimate is no longer accurate. The solicitor has a duty to keep the client informed of the likely costs of the case and any material changes to that estimate. The addition of the expert's fees is a material change, which means that the original estimate is no longer accurate. The solicitor must therefore inform the client of the new estimate and seek instructions before incurring any additional costs. Therefore, option E is the correct answer. Question 18. Public Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question18 The correct answer is A. Under Article 3 of the Convention, no one shall be subjected to torture or to inhuman or degrading treatment or punishment. The High Court has accepted the man's assertion that evidence will be used against him which has been obtained by the use of torture. If the man were deported to his country of origin, he would be at risk of being subjected to torture or inhuman or degrading treatment or punishment. As a signatory to the Convention, the UK is obliged to secure the Convention rights for everyone within its jurisdiction, including non-UK nationals. Therefore, the High Court would not uphold the deportation order. Question 19. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question19 E is the best answer. Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. There are exclusions from the general prohibition which apply to several specific kinds of activity and which are additional to those for regulated activities generally. Article 70 exclusion which applies to the regulated activities of dealing as principal or agent, arranging deals and giving advice in connection with the purchase or sale of shares in a company. There are conditions attached to the use of the exclusion: either the shares must consist of 50% or more of the voting shares in the company or the shares -together with any shares already held by the purchaser - consist of 50% of the voting shares, and each of the parties is a company, partnership, single individual or a group of connected individuals; or the object of the transaction can reasonably be regarded as the acquisition of day to day control of the company's affairs. Question 20. Dispute Resolution: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question20 The correct answer is D. The burden lies with the claimant to prove the allegation on the balance of probabilities. In civil cases, the standard of proof is on the balance of probabilities. Question 21. Tort Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question21 The correct answer is A. The man can recover damages for his injuries under the Consumer Protection Act 1987 because the bike is defective. The Act imposes strict liability on the producer of a defective product for any damage caused by the defect. A product is considered defective if it does not provide the safety that a person is entitled to expect. In this case, the specially developed metal frame of the mountain bike was intended to enhance its performance over rough terrain. However, the metal corrosion in some of the screws caused the handlebar to snap, which was unforeseeable. As a result, the bike did not provide the safety that the man was entitled to expect. Therefore, the man can recover damages for his injuries under the Consumer Protection Act 1987 because the bike is defective and the injuries were caused by the defect. The fact that the injuries were not foreseeable or that damages for personal injuries are not awarded under the Act is not relevant in this case. Question 22. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question22 E is the best answer. A “success fee” is the added fee that a solicitor becomes entitled to under a CFA if their client's case is successful. Upon success the solicitor is entitled to standard hourly rates plus a success fee calculated as a % uplift on these hourly rates, to a maximum of 100%. Here, the claimant’s case was successful so the standard hourly rates of £20,000, added by £20,000 X 0.9 (90% success fee) equals to £38,000. Question 23. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question23 The correct answer is B. The Court of Appeal is not bound to the earlier decision of the Judicial Committee of the Privy Council (JCPC). This was clarified by the Supreme Court in the case of Willers v Joyce & anr [2016] UKSC 43. In that case, the Supreme Court held that the Court of Appeal should not follow a decision of the JCPC if it is inconsistent with a decision that would otherwise be binding on the lower court, unless the JCPC has expressly directed that domestic courts should treat its decision as representing the law of England and Wales. The JCPC was the highest court of appeal for England and Wales until 2009. However, the Supreme Court is now the highest court in England and Wales. The Supreme Court is not bound by the decisions of the JCPC. This is because the Supreme Court is a superior court to the JCPC. The Supreme Court should only depart from the decisions of the JCPC if there is good reason to do so. Question 24. Public Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question24 The best answer is A. Under Article 3 of the Convention, “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” As a signatory to the Convention, the UK is obliged to secure the Convention rights for everyone within its jurisdiction, including non-UK nationals. Therefore, the High Court would not uphold the deportation order. Question 25. Business Law and Practice: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question25 The best answer is A. A partnership is created when two or more people agree to carry on a business together with a view to making a profit. In this case, the three clients have agreed to go into business together and share the profits equally. Although the business has made a loss, the fact that the clients intended to make a profit and invested capital in the business indicates that they were working in partnership together. Question 26. Ethics: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question26 E is the best answer. Under 8.7 SRA Code of Conduct for Solicitors, RELs and RFLs, “You ensure that clients receive the best possible information about how their matter will be priced and, both at the time of engagement and when appropriate as their matter progresses, about the likely overall cost of the matter and any costs incurred.” If the fee is going to exceed that which has been agreed, the solicitor must ensure that he receives the client's agreement to that fee increase before commencing work or else you risk not being paid. Note that costs means “fees and disbursements” under SRA glossary. A is wrong. The solicitor needs to inform the client regarding the cost as the matter progresses. Under 8.7 SRA Code of Conduct for Solicitors, RELs and RFLs. B is wrong. The solicitor needs to inform the client regarding the cost as the matter progresses. Under 8.7 SRA Code of Conduct for Solicitors, RELs and RFLs. C is wrong. The solicitor needs to inform the client regarding the cost as the matter progresses. Under 8.7 SRA Code of Conduct for Solicitors, RELs and RFLs. Note that costs means “fees and disbursements” where disbursements mean “any costs or expenses paid or to be paid to a third party on behalf of the client or trust (including any VAT element) save for office expenses such as postage and courier fees” D is wrong. That there is no general principle to the effect that a client must specifically approve in advance any disbursements incurred by a solicitor, if they are to be recoverable from the client, and recovery of costs and disbursements does not turn only upon whether they have been incurred with the client’s “informed consent”. Even if a given item of cost, or a given disbursement, does not fall within an estimate already given or has not been expressly authorised in advance, it simply does not follow that informed consent to the expenditure has not been given. Question 27. COntract Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question27 The best answer is C. When a buyer rejects goods, they are entitled to recover the purchase price paid, any expenses incurred in accepting and returning the goods, and any other losses directly resulting from the breach of contract. In this case, the Retailer rejected the defective boxes and obtained replacement boxes from another supplier at a cost of £70,000. The Retailer is entitled to recover the purchase price paid to the Supplier, which was £60,000, as well as the additional expense of obtaining replacement boxes, which was £70,000, but only to the extent that this additional expense was a loss directly resulting from the breach of contract. The deposit of £20,000 paid by the Retailer is not relevant to the amount of the claim, as it was paid towards the purchase price and is offset by the fact that the Retailer did not pay the balance of the purchase price. Therefore, the sum that the Retailer can properly claim against the Supplier is the difference between the cost of the replacement boxes and the purchase price paid to the Supplier, which is £70,000 - £60,000 = £10,000. In addition, the Retailer can claim any other losses directly resulting from the breach of contract, such as the cost of any additional transportation or storage costs incurred as a result of the defective boxes. However, the question only asks for the sum of the claim, so the correct answer is C. £30,000. Question 28. Tort Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question28 A is the best answer. An employer can be vicariously liable for wrongful acts committed by one of its employees where there is a sufficient connection between those wrongful acts and the employee’s employment. B is wrong. The Supreme Court holds that employers can be vicariously liable for the acts of their employees who commit a crime whilst at work. WM Morrison Supermarkets plc v Various Claimants C is wrong. Employers can be vicariously liable for incidents that happen out of hours. Bellman v Northampton Recruitment Ltd D is wrong. Employers may be vicariously liable for the actions of “all” their employees whether they are junior or senior. E is wrong. Vicarious liability arises even though the servant acted against the express instructions, and for no benefit of his master. Question 29. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question29 The best answer is B. In this case, the solicitor has reasonable grounds to suspect that his client is involved in money laundering activities, which is a criminal offense. The Solicitors Regulation Authority (SRA) requires solicitors to report any suspicion of money laundering to the relevant authority and to take steps to prevent any further involvement in the transaction until they receive authorization from the relevant authority. The solicitor has reported the suspicious activity to the nominated officer, but that does not necessarily absolve them of their ethical and legal obligations. The solicitor must ensure that they comply with their professional obligations, including the duty to act with integrity and in the best interests of their client, while also complying with the legal and regulatory requirements in relation to money laundering. Therefore, the solicitor should not proceed with the transaction until they receive authorization from the relevant authority, as failure to do so could potentially result in them being involved in criminal activity and being subject to disciplinary action by the SRA. Question 30. Contract Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question30 The best answer is D. Restitution refers to the restoration of the parties to their original position before the contract was made. In this case, restitution is impossible because the buyer has carried out extensive building works on the nursery after purchasing it. The buyer cannot return the nursery to the seller in its original condition. This means that rescission, which is based on the principle of restitution, is not an available remedy for the buyer. Instead, the buyer may be able to claim damages for the fraudulent misrepresentation made by the seller. Question 31. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question31 The best answer is B. The Equality Act 2010 requires employers to make reasonable adjustments for disabled employees to prevent them from being placed at a substantial disadvantage compared to non-disabled employees. This duty arises when a provision, criterion or practice, a physical feature or the absence of an auxiliary aid or service puts a disabled person at a disadvantage compared to non-disabled persons. In this case, the disabled employee has requested that the firm buy computer software that would enable him to use a computer more effectively. If the firm fails to provide this reasonable adjustment, the disabled employee may be placed at a substantial disadvantage compared to non-disabled employees who are able to use a computer without such software. This may lead to the disabled employee being excluded from certain job opportunities or unable to perform his role effectively, which could be considered discrimination under the Act. Therefore, to meet their obligations under the Act, the partners in the firm must make reasonable adjustments, such as providing the necessary computer software, to ensure that the disabled employee is not placed at a substantial disadvantage. Question 32. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question32 C is the best answer. Firms must identify their customers and, where applicable, their beneficial owners, and then verify their identities. Under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, Meaning of beneficial owner: bodies corporate or partnership 5.—(1) In these Regulations, “beneficial owner”, in relation to a body corporate which is not a company whose securities are listed on a regulated market, means— (a) any individual who exercises ultimate control over the management of the body corporate; (b) any individual who ultimately owns or controls (in each case whether directly or indirectly), including through bearer share holdings or by other means, more than 25% of the shares or voting rights in the body corporate; or A, B, D, and E are wrong. Question 33. Dispute Resolution: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question33 The best answer is E. The general rule in litigation is that the unsuccessful party pays the costs of the successful party, and in this case, the man was unsuccessful in defending the claim brought by the estate agent. Question 34. Tort Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question34 A is the best answer. In tort actions, failing to mitigate signifies that a party has not taken the necessary actions to prevent additional damage to its property. B is wrong. Contributory negligence is not a complete bar to damage. The Law Reform (Contributory Negligence) Act 1945 made it possible for judges to make awards of damages to plaintiffs who had been in part responsible, by reason of their own negligence, for causing their injury: prior to this Act, if the plaintiff were at all negligent no damages could be awarded. C is wrong. Rylands v Fletcher requires 1. Accumulation on the defendant's land 2. A thing likely to do mischief if it escapes 3. Escape 4. Non-natural use of land 5. The damage must not be too remote. In the factual scenario, the accumulation is on company’s or claimant’s land and not woman’s. D is wrong. The cost of the repair to the factory floor is not in the reasonable contemplation of the company because the company did move the drums even though it could have moved them at no cost. E is wrong. The chain of causation in the damage is not broken- the damage is caused by drums not being suitable for the storage of the acid and the company’s inaction (not moving the drums) did not break that chain. Question 35. Ethics: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question35 D is the best answer. SRA Code of Conduct for Solicitors, RELs and RFLs 5.1(a) states regarding any referral of a client, “clients are informed of any financial or other interest which you or your business or employer has in referring the client to another person or which an introducer has in referring the client to you.” Question 36. Public Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question36 The best answer is E. In judicial review, the test for apparent bias is objective: would “the fair-minded and informed observer, having considered the facts…conclude that there was a real possibility that the tribunal was biased”. Question 37. Ethics https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question37 The correct answer is D. Question 38. Tort Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question38 A is the best answer. In contributory negligence, negligent action by the injured must have contributed to his own injury or loss. B is wrong. C is wrong. D is wrong. E is wrong. Question 39. Legal Services https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question39 The best answer is C. Generic advice does not constitute investment advice as defined in article 53 of the Article 53 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 as amended (RAO)). Question 40. Public Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question40 The best answer is A. The Parliament Acts have been used to pass legislation against the wishes of the House of Lords on seven occasions since 1911, including the passing of the Parliament Act 1949. B, C, D and E are wrong. Question 41. Tort Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question41 D is the best answer. In this scenario, the woman developed traumatic neurosis as a result of witnessing the man drowning due to the negligence of a qualified instructor during a swimming lesson. However, the instructor did not owe the woman a duty of care, and therefore, the woman cannot recover damages against the instructor for the traumatic neurosis. A duty of care is a legal obligation to take reasonable care to avoid causing harm to others. In order to establish a duty of care, it is necessary to show that there was a foreseeable risk of harm, that the defendant (in this case, the instructor) had a relationship of proximity or neighbourhood to the claimant (in this case, the woman), and that it is fair, just and reasonable to impose a duty of care in the circumstances. In this case, the instructor owed a duty of care to the man who was taking the swimming lesson. The instructor was responsible for ensuring that the man was properly supervised and safe in the pool. However, the instructor did not owe a duty of care to the woman who was a mere bystander at the pool. The instructor had no relationship of proximity or neighbourhood to the woman, and it was not foreseeable that the woman would suffer harm as a result of witnessing the man's drowning. Therefore, the instructor did not owe a duty of care to the woman, and the woman cannot recover damages against the instructor for the traumatic neurosis. The woman may be able to recover damages if she can establish that someone else owed her a duty of care, and that person's negligence caused her harm. A is wrong. B is wrong. C is wrong. E is wrong. Question 42. Dispute Resolution https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question42 The best answer is A. CPR 1.1 No, these instructions are not likely to be consistent with the overriding objective of the Civil Procedure Rules because they do not reflect the requirement to deal with cases justly and at proportionate cost. The overriding objective of the Civil Procedure Rules is to ensure that cases are dealt with justly and at proportionate cost. This means that parties to a case should act in a way that helps the court to deal with the case efficiently, fairly, and at a proportionate cost. The CPR encourages parties to settle disputes wherever possible, and to use appropriate dispute resolution procedures to help achieve this objective. In this case, the PLC has instructed its solicitor to compile a list of documents containing 267 pages of emails and to seek expert evidence from two different experts on vending machines. This approach does not reflect the requirement of dealing with cases at proportionate cost. Seeking expert evidence and compiling such a large number of documents can be time-consuming and expensive, and may not be necessary to determine the issues in dispute. Moreover, the issue in dispute is a simple one: whether the school owes PLC the sum of £300 due under the lease agreement for the vending machine. Seeking expert evidence on vending machines may not be relevant or proportionate to the issue in dispute. Therefore, these instructions are not likely to be consistent with the overriding objective of the Civil Procedure Rules, which requires parties to help the court deal with cases justly and at proportionate cost. The parties should focus on identifying the relevant issues in dispute, and on using proportionate and cost-effective means to resolve them. Question 43. Contract Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question43 B is the best answer. In the rule in Pinnel’s case (1602) 5 Co Rep 117, part payment of a debt will not satisfy the obligation to repay the entire debt, except in a few circumstances or if drafted in a duly executed deed of settlement. This is because there is no fresh consideration provided for the second “agreement” and is therefore not binding on the parties. There is no fresh consideration because a promise to perform an existing legal obligation is not good consideration. A is wrong because duress occurs where someone enters into a contract as a result of undue pressure. Examples of duress are threats of violence, unlawful restraint, to property which do not apply to this factual scenario. The creditor may claim economic duress which requires (1) an illegitimate threat; (2) sufficient causation - in other words, that the illegitimate threat caused the threatened party to enter into the contract; and (3) that the threatened party had no reasonable alternative to giving in to the threat. In the factual scenario, there is no illegitimate threat or reasonable alternative so the duress argument would probably not succeed here. C is wrong because until the fresh new consideration is provided the claim to the full amount is not waived. D is wrong because the creditor is already entitled to £4,000 so there is no fresh new consideration (or legal benefit or detriment) for the second agreement for part debt. E is wrong because no practical benefit has been conferred to the creditor. If a person promises more than what they originally did under a contract, and they will get something more than what they were already legally entitled to under the contract, then they will receive a practical benefit and that additional offer will be binding on that person. Question 44. Tort Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question44 B is the best answer. Under the legal principle of 'thin skull rule' or 'eggshell skull rule', a defendant must take the plaintiff as they find them, meaning that a defendant is liable for all damages resulting from their negligence, even if the plaintiff's injuries are more severe than they would be for an ordinary person. Question 45. Business Law and Practice: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question45 The correct answer is D. Under English tax law, dividends are taxed differently from other forms of income such as salary or wages. The first £2,000 of dividend income in the tax year is tax-free, but any amount over this is subject to taxation at the appropriate dividend tax rate. In this case, the woman received a dividend of £5,000 in the 2021/22 tax year, which is £3,000 over the dividend allowance of £2,000. Therefore, she should pay Income Tax at the appropriate dividend tax rate on this £3,000 excess. Her total taxable income for the year, including the dividend, is £41,000, which is within the basic rate tax band of £12,571-£50,270. The basic rate of Income Tax for the 2021/22 tax year is 20%. Therefore, the woman should pay tax on the £3,000 excess of her dividend income at the basic rate of 20%, which amounts to £600. She should report this dividend income on her Self-Assessment tax return and pay any tax due by the deadline of January 31st following the end of the tax year. Question 46. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question46 The best answer is A. Question 47. Contract Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question47 The best answer is A. Question 48. Business Law and Practice: Business organisations, rules and procedures; Insolvency (corporate and personal): claw-back of assets for creditors – preferences, transactions at an undervalue, fraudulent and wrongful trading, setting aside a floating charge https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question48 The best answer is C. Question 49. The Legal System: Statutory interpretation: mischief rule https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question49 The best answer is A. Question 50. Tort: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question50 The best answer is D. Question 51. Dispute Resolution: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question51 The best answer is E. Question 52. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question52 The best answer is A. Question 53. Business Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question53 The best answer is C. Question 54. Taxation: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question54 The best answer is A. Question 55. Contract Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question55 The best answer is C. Question 56. Public Law: Human Rights https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question56 The best answer is A. Question 57. Legal System: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question57 The best answer is B. Question 58. Tort Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question58 The best answer is A. Question 59. Legal Services: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question59 The best answer is C. Question 60. Taxation https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question60 The best answer is E. Question 61. Contract Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question61 The best answer is D. Question 62. Dispute Resolution: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question62 The best answer is A. Question 63. Public Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question63 The best answer is E. Question 64. Legal Services https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question64 The best answer is A. Question 65. Tort Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk1/question65 The best answer is B. FLK2 Answers and Explanations. Question 1. Criminal Procedure: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question1 The best answer is B. Under the PACE 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002, Circumstances in which an identification procedure must be held 2.15 An identification procedure need not be held if, in all the circumstances, it would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence. Examples would be where it is not in dispute that the suspect is already well known to the witness who saw the suspect commit the crime or where there is no reasonable possibility that a witness would be able to make an identification. Here the suspect is already known to the witness so the identification procedure would not serve a useful purpose in this case. Question 2. Criminal Procedure: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question2 The best answer is A. The 'operational period' of the suspended sentence is the period between 6 months and 2 years. If there is a conviction for further offence committed during operational period of order, the court must activate the custodial sentence unless it would be unjust in all the circumstances to do so. Question 3. Trusts Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question3 The best answer is E. Under Trustee Act 1925, Devolution of powers or trusts. (1) Where a power or trust is given to or imposed on two or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being. (2) Until the appointment of new trustees, the personal representatives or representative for the time being of a sole trustee, or, where there were two or more trustees of the last surviving or continuing trustee, shall be capable of exercising or performing any power or trust which was given to, or capable of being exercised by, the sole or last surviving or continuing trustee, or other the trustees or trustee for the time being of the trust. Question 4. Wills: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question4 The best answer is B. The executor should place the advertisements to notify any potential creditors who may have a claim against the deceased's estate. Placing such ads is a legal requirement to protect the executor from future claims by creditors or beneficiaries who were not aware of the deceased's death or the distribution of the estate. By advertising in the London Gazette and other publications, the executor is providing a public notice to any potential creditors to come forward and make a claim against the estate. This helps ensure that the estate's assets are distributed to the rightful beneficiaries, and any legitimate claims by creditors are settled. The reason for waiting for two months from the date of the advertisements is to provide sufficient time for any potential creditors to come forward and make a claim against the estate. Once the two-month period has elapsed, the executor can distribute the estate among the beneficiaries with the assurance that any legitimate claims against the estate have been settled or accounted for. If the executor distributes the estate before the two-month period elapses and a creditor comes forward with a legitimate claim, the executor may be personally liable for any debts or obligations owed by the deceased that were not accounted for in the distribution. By waiting for the two-month period, the executor can protect themselves against such claims and ensure that the estate is distributed fairly and according to the law. Question 5. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question5 The correct answer is D. In this scenario, the testator appointed his spouse, his friend, and his adult son as executors in his will. However, as the testator and his spouse got divorced after the will was executed, the spouse is no longer eligible to be an executor. Furthermore, the testator's son predeceased him, and a grant of probate to the son's estate was obtained by his nephew. Therefore, the son is no longer eligible to act as an executor. This leaves the testator's friend as the only surviving appointed executor, and he has the best right to apply for a grant of representation to the testator's estate. The friend can apply for a grant of probate as the sole surviving executor and carry out the duties prescribed in the will. Question 6. Ethics https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question6 The correct answer is E. The solicitor has a duty to act in the best interests of their client, but they also have a duty to uphold the law and the administration of justice. In this scenario, the client has provided false information to the court by giving a false address and date of birth to conceal previous convictions. This conduct undermines the administration of justice and violates the solicitor's duty to uphold the law. Therefore, the solicitor should ask the client to correct the information about her address and date of birth. The solicitor should explain to the client that providing false information to the court is illegal and could lead to serious consequences, including potential criminal charges for perjury or contempt of court. If the client refuses to correct the false information, the solicitor should cease to act for the client. Continuing to act for the client in such circumstances would be a breach of the solicitor's professional obligations and could expose the solicitor to disciplinary action, legal liability, and reputational damage. In addition, by ceasing to act, the solicitor would be preventing further unethical or illegal conduct by the client. The solicitor can advise the client to seek alternative legal representation and can take steps to withdraw from the case in a manner consistent with the professional rules of conduct. Overall, the solicitor must balance their duties to the client with their duty to uphold the law and the administration of justice. In this scenario, asking the client to correct the false information is the appropriate course of action, but ceasing to act is necessary if the client refuses to comply. Question 7. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question7 The best answer is B. However, the freeholder obtained authorised guarantee agreements from the newsagent and the chemist. An authorised guarantee agreement is a legal document in which the assignor (the newsagent or the chemist) agrees to guarantee the assignee's (the clothing retailer or the bookstore) performance of the lease obligations. Therefore, in the event of a breach of the lease by the assignee, the freeholder can pursue the assignor for any losses incurred. In this scenario, as the freeholder required an authorised guarantee agreement from the chemist when the lease was assigned to the bookstore, the chemist is liable to the freeholder for any unpaid rent by the bookstore. The newsagent and the clothing retailer are not liable as they are not parties to the current lease, and the freeholder did not obtain an authorised guarantee agreement from the clothing retailer. Question 8. FL2 - Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question8 The best answer is D. Under 26, Tenant’s request for a new tenancy. (1) A tenant’s request for a new tenancy may be made where the [F51current tenancy] is a tenancy granted for a term of years certain exceeding one year, whether or not continued by section twenty-four of this Act, or granted for a term of years certain and thereafter from year to year. (2) A tenant’s request for a new tenancy shall be for a tenancy beginning with such date, not more than twelve nor less than six months after the making of the request, as may be specified therein: Provided that the said date shall not be earlier than the date on which apart from this Act the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant. (3) A tenant’s request for a new tenancy shall not have effect unless it is made by notice in the prescribed form given to the landlord and sets out the tenant’s proposals as to the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy), as to the rent to be payable under the new tenancy and as to the other terms of the new tenancy. (4) A tenant’s request for a new tenancy shall not be made if the landlord has already given notice under the last foregoing section to terminate the current tenancy, or if the tenant has already given notice to quit or notice under the next following section; and no such notice shall be given by the landlord or the tenant after the making by the tenant of a request for a new tenancy. (5) Where the tenant makes a request for a new tenancy in accordance with the foregoing provisions of this section, the current tenancy shall, subject to the provisions of [F52sections 29B(4) and 36(2)] of this Act and the provisions of Part IV of this Act as to the interim continuation of tenancies, terminate immediately before the date specified in the request for the beginning of the new tenancy. (6) Within two months of the making of a tenant’s request for a new tenancy the landlord may give notice to the tenant that he will oppose an application to the court for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section thirty of this Act the landlord will oppose the application. Under Landlord and Tenant Act 1954 33. Duration of new tenancy- Where on an application under this Part of this Act the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the court to be reasonable in all the circumstances, being, if it is a tenancy for a term of years certain, a tenancy for a term not exceeding [fifteen] years, and shall begin on the coming to an end of the current tenancy. Question 9. Trust Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question9 The correct answer is E. This is a fixed trust and certainty of objects is determined because the trustees can compile a complete list of all beneficiaries from the complete record of past and present employees of the company. Question 10. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question10 The correct answer is A. The mother’s interested vested whereas those for the nephew and niece are not because there are two conditions, (1) to survive her and attain the age of 21, have not occurred yet. Therefore, the interests for the nephew and niece are contingent. Question 11. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question11 The answer is D. Registration of the dealing at the Land Registry creates a legal record of the transfer of ownership from the seller to the purchaser. Once the registration is complete, the purchaser's title is protected from any subsequent entries or claims made against the property. However, until the registration is complete, the title is vulnerable to other interests and charges being entered against it, which could potentially bind the purchaser. The 30 working days deadline is important because it ensures that the registration is completed in a timely manner and the purchaser's title is protected as soon as possible after completion. If the registration is not completed within this time frame, there is a risk that other interests or charges could be entered against the title, which could affect the purchaser's ownership of the property. Question 12. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question12 The best answer is D. Fixtures are chattels, which have become apart of the realty by virtue of having been attached to it in a particular way, or annexed to it. The doctrine of fixtures provides that personal property may become real property if it is annexed or attached to land. Degree of Annexation: Objective test determined at the time the object was annexed to the land Factors: o Strength of attachment (NAB) o Easy removal (NAB = not heavy and easy to remove) o Damage and cost upon removal – economic consequences flowing from removal (NAB) ▪ Would it cost more to remove and reinstall than the article’s worth (super heavy?) Question 13. FLK2- Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question13 The best answer is A. Other than in defined circumstances, any change of use to or from such uses requires full local consideration through a planning application process. Question 14. Criminal Procedure https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question14 The best answer is D. The man is in breach of his bail condition not to contact his girlfriend by visiting her at her flat. Even though the visit was at the request of his girlfriend, it still amounts to contact and therefore a breach of the condition. The fact that the purpose of the visit was to attend to their sick child does not excuse the breach of the condition. The man may be brought before the court for his bail to be reconsidered in light of the alleged breach of the condition. Question 15. FLK2- Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question15 The best answer is C. As the man died intestate, his estate will be distributed in accordance with the rules of intestacy. Since the man was not married or in a civil partnership, his estate will be distributed among his children in equal shares, as set out in the Intestacy Rules. The partner is not entitled to the estate because the partner is neither married or in a civil partnership. Only the man’s son and daughter are entitled. Question 16. FLK2- Criminal Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question16 C is the best answer. Code D of PACE 1984 provides guidance on the identification of suspects by witnesses, including the use of video identification parades. One of the requirements of Code D is that the images of the suspects used in the video identification parade must be fairly similar to the suspect in question. In this case, the solicitor has identified that only two of the other eight images shown in the video parade show similar-looking males with a visible scar under their right eye. This could be seen as a provable breach of Code D, as the man's image may have been unfairly singled out for the identification parade. If the court agrees that there has been a breach of Code D, it may decide to exclude the identification evidence obtained from the video parade. The court has the power to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings. This means that if the court finds that the breach of Code D has compromised the reliability of the identification evidence, its admission may be unfair to the defendant and therefore it should be excluded. Question 17. Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question17 The correct answer is E. For factual causation, D’s act does not have to be the only cause of the prohibited result, or even the main cause. It just has to be an ‘operating and substantial’ cause of the result Question 18. FLK2- Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question18 The correct answer is D. The man's act of setting fire to the caravan was an unlawful act, and it was also dangerous because he did not check if anyone was inside before setting fire to it. This means that the man was engaged in an unlawful and dangerous act that put the lives of others at risk. The death of the elderly man was a direct result of the man's actions. The fact that the man did not intend to harm anyone is irrelevant, as he still committed an unlawful and dangerous act that resulted in the death of another person. Therefore, the man can be charged with involuntary manslaughter, which is the unlawful killing of another person without the intent to cause death or serious harm, but as a result of a dangerous or unlawful act. Question 19. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question19 The correct answer is D. When the husband, wife, and wife's mother bought the house together, they did so as joint tenants in law and equity. This means that they all jointly own the property and each person has an equal share in the property. As joint tenants, they have a right of survivorship, which means that when one joint tenant dies, their share automatically passes to the surviving joint tenant(s) and not according to any will they may have made. Therefore, when the wife died, her share in the property passed automatically to the remaining joint tenants, her mother and her husband. The will that the wife made leaving all her property to her new boyfriend is ineffective as it only applies to her personal property, not to property held jointly with others as joint tenants. Question 20. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question20 The best answer is A. As personal representatives (PRs), the individuals responsible for administering the estate, they have a legal duty to take reasonable steps to identify and locate all potential creditors and beneficiaries. This includes making reasonable efforts to locate the man's son, as he is named as a beneficiary in the will. By placing advertisements complying with s.27 Trustee Act 1925, the PRs have taken steps to notify any potential creditors and beneficiaries of the estate. However, these efforts may not be sufficient to discharge their duty to locate the son. If the son were to come forward at a later date and claim that he was not notified or made aware of the distribution, he may be able to challenge the distribution of the estate and claim his share. In addition, if there were any unknown creditors of the estate, they may also have a claim against the PRs if the PRs did not take reasonable steps to identify and locate them. However, if the PRs made reasonable efforts to locate creditors and no claims were made within the relevant time limit, the PRs may be protected from future claims by unknown creditors. Therefore, while the PRs have taken some steps to locate potential beneficiaries and creditors, they may not be fully protected from claims by the man's son. Question 21. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question21 The best answer is A. When a person dies and their estate is subject to Inheritance Tax (IHT), the value of the assets in their estate must be determined. In this case, the sister’s estate includes her half share of the leasehold flat, which is valued at £100,000. However, because the flat was co-owned by the brother and sister as tenants in common, the value of the sister’s half share is subject to a percentage discount to reflect the fact that the brother already owns the other half of the flat. This is known as a 'fractional interest' discount. The exact percentage discount will depend on the circumstances, but it is typically around 10-15% for co-owned property. In this case, assuming a 10% discount, the value of the sister’s half share for IHT purposes would be £90,000 (£100,000 minus 10%). Therefore, the sister’s estate would be subject to IHT based on a total value of £90,000 for her half share of the leasehold flat, rather than the full market value of £100,000. Question 22. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question22 The best answer is A. When a person dies and their estate is subject to Inheritance Tax (IHT), the value of the assets in their estate must be determined. In this case, the sister’s estate includes her half share of the leasehold flat, which is valued at £100,000. However, because the flat was co-owned by the brother and sister as tenants in common, the value of the sister’s half share is subject to a percentage discount to reflect the fact that the brother already owns the other half of the flat. This is known as a 'fractional interest' discount. The exact percentage discount will depend on the circumstances, but it is typically around 10-15% for co-owned property. In this case, assuming a 10% discount, the value of the sister’s half share for IHT purposes would be £90,000 (£100,000 minus 10%). Therefore, the sister’s estate would be subject to IHT based on a total value of £90,000 for her half share of the leasehold flat, rather than the full market value of £100,000. Question 23. Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question23 The correct answer is D. The man is guilty of criminal damage because he intentionally squeezed superglue into the hard drive of his colleague's computer, which resulted in the computer being damaged beyond repair. While he did not intend to cause such damage, he foresaw the risk of damage and it was unreasonable for him to take that risk in the circumstances known to him. Under the Criminal Damage Act 1971, a person commits an offense of criminal damage if they intentionally or recklessly destroy or damage property belonging to another. In this case, the man intentionally damaged his colleague's computer, and even though he did not intend to cause irreparable damage, his actions were reckless because he foresaw the risk of damage and it was unreasonable to take that risk. Therefore, he can be found guilty of criminal damage. Question 24. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question24 The best answer is E. The client is likely to be able to sue the neighbour under the covenant because the neighbour was the original party to the deed. The deed containing the covenant is a legally binding contract between the two parties, and the neighbour agreed not to let the roof fall into disrepair for the benefit of the client's house. This means that the neighbour has a legal obligation to maintain the roof and ensure that it does not fall into disrepair, and if they breach this obligation, the client can take legal action against them for breach of contract. As the covenant was given directly to the client's house, it is likely that the client has the legal standing to bring a claim for breach of the covenant. Question 25. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question25 The correct answer is A. The Capital Gains Tax (CGT) on the shares sold during the administration period will depend on the value of the shares at the date of death of the testator, also known as the probate value. When the estate was distributed, the son received shares worth £75,000 (£150,000/2), which he later sold for £85,000, resulting in a gain of £10,000. As the son has made a gain, he will be liable to pay CGT on the amount of the gain. On the other hand, the daughter received shares worth £75,000 (£150,000/2), which she later sold for £45,000, resulting in a loss of £30,000. As the daughter has made a loss, she will not be liable to pay CGT, but the loss may be used to offset gains made on other investments in the same tax year. The executor will make neither a loss nor a gain regarding the CGT position on the shares sold during the administration period as the CGT liability will be borne by the beneficiaries who made gains on the sale of the shares. Question 26. Criminal Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question26 The best answer is D. An admission made by a defendant to someone else, such as a friend, can be admissible as an exception to the hearsay rule. This is because admissions are considered reliable evidence against the person who made them. The fact that the man admitted to killing his wife to his friend in the public house can be presented as evidence against him in court, even if he denies it during his interview with the police. Question 27. Solicitors Account https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question27 The best answer is D. Question 28. Ethics https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question28 The correct answer is C. According to the SRA Code of Conduct for Solicitors, RELs and RFLs, a solicitor can represent a client at the police station if they have instructions from the client or an authorised third party. In this case, the woman is seeking to give instructions on behalf of her father and the solicitor can accept these instructions provided he is satisfied that the woman has the authority to give instructions. Regarding the conflict of interest issue, the solicitor must carry out the necessary checks to ensure that there is no conflict or risk of conflict. In this case, the solicitor has previously represented the woman’s brother who was arrested for the same offence. However, the fact that the brother has already been charged with the offence means that there is no risk of conflict as the interests of the brother and the father are now separate. Therefore, the solicitor can represent the father at the police station. Question 29. Trusts Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question29 The correct answer is B. The trust was created by the woman in her will, and the terms of the trust provide for the payment of income from the residuary estate to the husband for the remainder of his life, with the remainder of the estate passing to the son if he survives the husband and attains the age of 25 years, but to the sister absolutely if the son does not survive the husband. The trust is therefore a valid and subsisting trust, and can only be brought to an end with the consent of all parties with an interest in the trust. In this case, the husband has a life interest in the trust, and therefore has a vested interest in the income from the trust. The son has a contingent interest in the trust, which will only vest if he survives the husband and attains the age of 25 years. The sister also has a contingent interest in the trust, which will only vest if the son does not survive the husband. Therefore, in order to bring the trust to an end now, the consent of all parties with an interest in the trust is required. This includes the husband, the son, and the sister. If any of these parties do not consent to the trust being brought to an end, the trust will continue in accordance with its terms. Question 30. Trusts Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question30 The correct answer is C. The trustees have a duty to act in the best interests of all beneficiaries of the trust. In this case, the son is entitled to his share of the estate since he has attained the age of 21, but the daughters are not yet entitled to receive their shares. Since the will does not extend the trustees' powers of advancement, they can only make an advancement to the elder daughter if it is in the interests of all the beneficiaries. In deciding whether to make an advancement, the trustees must consider the needs of all beneficiaries and the purpose for which the money is required. They must also ensure that any advancement is not excessive and does not unduly prejudice the interests of the other beneficiaries. In this case, the maximum amount that the trustees can apply towards the elder daughter's business is £20,000, which is one-third of the total estate. This is because the estate is to be divided equally between the three children, and the elder daughter is entitled to one-third of the estate when she attains the age of 21. However, any advancement should be made in such a way as to ensure that the younger daughter's interests are not prejudiced, and that she will still receive her share of the estate when she attains the age of 21. Question 31. Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question31 The correct answer is D. The man is guilty of robbery because he has committed the act of theft by taking the laptop and at the same time used force or threatened to use force against the daughter, causing the woman to fear that the force would be used, in order to commit the theft. Under section 8(1) of the Theft Act 1968, force used immediately before or at the time of stealing, or in order to steal, is considered robbery. In this case, the man threatened to break the girl's neck, which clearly constitutes the use of force, and caused the woman to fear that he would use the force, and therefore meets the elements of robbery. Question 32. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question32 The correct answer is D. The option to tax exercised by the freehold owner means that the lease of the commercial building is treated as a standard-rated supply for VAT purposes. As the insurance company only makes exempt supplies in the course of its business, it is not registered for VAT and is unable to recover VAT on any expenses incurred in making those supplies. This means that the VAT charged on the rent payable under the lease will be irrecoverable by the insurance company, resulting in a cost to the company. Therefore, the rent payable will be subject to VAT at 20%, which will be irrecoverable by the insurance company. Question 33. Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question33 The correct answer is A. To prove the offence of wounding with intent to cause grievous bodily harm, the prosecution must demonstrate that the defendant had the necessary intention to cause serious harm at the time of the attack. In this case, the man's voluntary intoxication may have affected his ability to form the required intention. If the man was so intoxicated that he did not have the necessary intention to cause serious harm, he cannot be convicted of the offence. However, the burden of proof is on the defence to establish that the man's intoxication was so severe that he lacked the required intent. If the defence can prove that the man was so intoxicated that he did not have the necessary intention to cause serious harm, the prosecution may attempt to charge him with an alternative offence such as reckless or negligent wounding, which may carry a lesser sentence. Question 34. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question34 The correct answer is C. The sublease was granted with the consent of the landlord, which implies that the landlord recognized the subtenant as a tenant of the headlease. When the tenant surrendered the headlease to the landlord, the sublease automatically became the direct lease between the subtenant and the landlord. This is because the sublease was granted for a term that was shorter than the term of the headlease and was therefore valid at the time of the surrender. Thus, the subtenant becomes the immediate tenant of the landlord on the terms of the sublease. Question 35. Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question1 The best answer is C. The group is guilty of burglary under s.9(1)(a) of the Theft Act 1968. To establish burglary, the prosecution must prove that the defendant entered a building or part of a building as a trespasser with the intent to steal, inflict grievous bodily harm or do unlawful damage. In this scenario, the group entered the office outside of working hours without permission or lawful authority, and therefore, they entered as trespassers. Moreover, once inside the office, they searched through drawers and found alcohol which they consumed without permission, and also stole £300. These actions show that the group had the necessary intent to steal when they entered the office as trespassers. Therefore, they are all guilty of burglary. Question 36. FLK2- Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question36 The correct answer is A. When examining the Land Registry official copy of the title to the property, the buyer's solicitor will look for an entry in the Property Register that refers to an easement. An easement is a legal right to use someone else's land for a specific purpose, such as accessing a road. If the property benefits from a legal right of way on foot, across a neighbour's registered freehold property, then this right should be registered as an easement in the Property Register. The buyer's solicitor will look for the details of the easement, such as its location, extent, and any limitations or conditions attached to it. If the easement is properly registered, then the buyer can be confident that they have a legal right to use the right of way to access the road. However, if the easement is not registered or there are discrepancies in the details provided, the buyer's solicitor may need to investigate further or raise queries with the seller's solicitor to ensure that the right of way is properly documented and registered. Question 37. FLK2- Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question37 The correct answer is C. Under the terms of the lease, the Tenant must obtain the prior written consent of the Landlord before assigning or underletting the Property. The Landlord has the right to withhold consent, but must do so reasonably and not arbitrarily. In this case, the Landlord is concerned that the proposed assignee, a highly profitable national supermarket chain, will compete with its own business, which operates a supermarket opposite the property. This is a valid concern for the Landlord, as it could potentially result in a loss of trade and revenue for their business. Under these circumstances, the Landlord can lawfully withhold consent to the assignment on the basis of the assignee's business, as competition with the Landlord's own business is a ground for reasonably withholding consent. This is because the covenant against assignment in the lease is intended to protect the Landlord's interests, including their commercial interests. However, it is important to note that the Landlord must act reasonably in withholding consent, and cannot do so arbitrarily or unreasonably. The Landlord should consider all the relevant factors, including the financial position of the Tenant, the nature and reputation of the proposed assignee, and the potential impact on the Landlord's business, before making a decision on whether or not to grant consent to the assignment. Question 38. FLK2- Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question38 The correct answer is A. A root of title is a document that establishes the ownership of a property and provides an unbroken chain of title from the present owner back to a point in time where the title is free from defects. When deducing title to a property, it is important to identify a good root of title as it is the starting point for establishing the title's validity. In this case, the conveyance of the property, dated 10 March 1984, is a good root of title when deducing title to the property. This is because a conveyance is a legal document that transfers the ownership of the property from the seller to the buyer, and it is considered a primary source of evidence of ownership. Furthermore, the conveyance is dated more than 15 years ago, which means that it is outside the limitation period for challenging the title based on defects or errors in the conveyance. This means that the title based on the conveyance is likely to be considered good, and any subsequent conveyances or documents can be traced back to it as the root of title. Therefore, the conveyance of the property dated 10 March 1984 is a good root of title when deducing title to the property, as it establishes the initial ownership of the property and provides an unbroken chain of title from that point in time. Question 39. FLK1/2- Ethics https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question39 The correct answer is E. As per the SRA Standards and Regulations, a solicitor must act in the best interests of their client and avoid any conflicts of interest that may arise in the course of their professional duties. Specifically, a solicitor cannot act if there is an own interest conflict or a significant risk of an own interest conflict. In this case, the solicitor was acting as both the seller and the buyer's solicitor in the sale of the buy-to-let flat. This creates an own interest conflict, as the solicitor has a personal interest in the transaction as the seller, which may conflict with the interests of their client, the buyer. Moreover, the client was also a pre-existing client of the solicitor. By accepting the instruction to act as the buyer's solicitor in the transaction, the solicitor created a conflict of interest between their professional duty to act in the best interests of their client and their personal interest in the sale of the property. Therefore, the solicitor's action was not in accordance with the SRA Standards and Regulations, as they failed to avoid an own interest conflict and a significant risk of an own interest conflict by acting as both the seller and the buyer's solicitor in the transaction. This is because the solicitor's personal interest in the sale of the property could have conflicted with their duty to act in the best interests of their client. Question 40. FLK2- Criminal Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question40 The best answer is E. The man will be eligible for publicly funded legal representation by the duty solicitor at the police station because he has been arrested on suspicion of a criminal offence, which is one of the qualifying criteria for legal aid. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, individuals who have been arrested and taken to a police station for questioning are entitled to free legal advice from a duty solicitor. However, the man will not be able to get a representation order in the Magistrates’ Court, as he will fail the means test. The means test takes into account the income and assets of an individual and determines their eligibility for legal aid based on whether they can afford to pay for legal representation themselves. In this case, the man is a professional football player earning a high income of £180,000 per year, which would likely exceed the threshold for legal aid in the Magistrates' Court. Therefore, even if he passes the interests of justice test, which considers the seriousness of the offence and the potential consequences for the individual, he will not be able to obtain legal aid in the Magistrates’ Court due to his means. However, he may still be able to access legal representation by hiring a private solicitor, but he will have to bear the costs himself. Question 41. FLK2- Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question41 The correct answer is E. Inheritance (Provision for Family and Dependants) Act 1975 requires all claims to be brought within six months of the date upon which a Grant of Representation is first taken out, otherwise the permission of the Court is required. Question 42. Criminal Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question42 The correct answer is D. Section 47 of the Offences Against the Person Act 1861 states: “Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm (ABH) shall be liable... to be imprisoned for any term not exceeding five years” The definition of an assault occasioning actual bodily harm (ABH): Actus Reus: the defendant must commit an assault or battery which causes the victim to suffer actual bodily harm. Mens Rea: the defendant must intend or be reckless as to the assault or battery. Note: there is NO need to show that the defendant intended or foresaw actual bodily harm. The offence of ABH can be broken down into three elements: (1) It must be shown that there was an assault or battery. (2) The victim must suffer ABH. (3) It must be shown that the ABH was occasioned by the common assault or battery of the defendant. In this scenario, the recklessness is met when the man approached the woman holding a large knife, which created a risk that the woman would fear immediate unlawful force and the man realised that his actions created a risk that the woman would fear immediate unlawful force, and he proceeded with his actions regardless. Question 43. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question43 The correct answer is A. The man's will was revoked by destruction when he tore it up into four pieces. This act of physical destruction of the original will, done with the intention of revoking it, means that the will is no longer legally valid. This is because the destruction of the will is considered a deliberate and unequivocal act of revocation, regardless of the testator's later regrets or changes of mind. Therefore, the man's estate will pass in accordance with the rules of intestacy, unless he makes a new will or a valid codicil to the original will. Question 44. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question44 The correct answer is B. The alterations covenant in the lease provides that the tenant may not make alterations to the building except for non-structural alterations. The tenant's proposed alterations to the external wall of the building would involve structural alterations, as they would require the creation of new apertures in the wall to accommodate windows. Therefore, the tenant would need to obtain the Landlord's consent to make these alterations. However, the lease does not require the Landlord to give reasons for withholding consent. Additionally, the alterations covenant contains an absolute prohibition against structural alterations, meaning that the Landlord can withhold consent to the tenant's proposed alterations without having to provide any reasons. As such, the Landlord has the right to withhold consent, and the tenant would need to seek alternative options or negotiate with the Landlord to come to an agreement on the proposed alterations. Question 45. Solicitors Account https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question45 The correct answer is D. The firm of solicitors should transfer £20,000 from the executors’ client account ledger to the beneficiary’s client account ledger because the beneficiary has given written instructions to use their legacy to repay the £2,000 incurred in surveyor’s fees and searches and to retain the balance of £18,000 to be used as part of the purchase price. As the beneficiary is entitled to the £20,000 legacy under the will, the firm has a duty to follow the beneficiary’s instructions and transfer the money accordingly. The firm should then transfer £2,000 to the firm’s business bank account because this amount has been billed to the beneficiary for surveyor’s fees and searches. The beneficiary has instructed the firm to deduct this amount from their legacy, and the firm has a duty to follow these instructions. Once the deduction has been made, the remaining balance of £18,000 can be transferred to the beneficiary’s client account ledger and used as part of the purchase price for the property. Question 46. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question46 The best answer is E. The condition for the grandson to inherit the trust fund was that he qualifies as a solicitor in England and Wales. Since the grandson died before fulfilling this condition, he cannot inherit the trust fund. Therefore, the trust fund would revert to the man (the settlor), as he was the one who established the trust and intended for the trust fund to ultimately pass to his grandson only if he met the specified condition. Question 47. Land Law: Proprietary Rights: essential characteristics of easements https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question47 The best answer is A. In this scenario, it's important to understand the legal concepts involved: lease, licence, easement, and Section 62 of the Law of Property Act 1925. Lease: A lease is a contractual agreement between a landlord and a tenant, granting the tenant exclusive possession of the leased premises for a certain period of time, usually in exchange for rent. Licence: A licence is a permission granted by a landowner to another party to use the land for a specific purpose. Unlike a lease, a licence does not confer exclusive possession of the land. Easement: An easement is a legal right to use someone else's land for a specific purpose. It grants a non-owner the right to use a portion of another person's property for a particular purpose. Easements can be created expressly, impliedly, or by prescription. Section 62 of the Law of Property Act 1925: This section of the law deals with the creation of legal easements and licences. It states that a deed is not necessary to create an easement or licence, but certain conditions must be met. Now, let's apply these concepts to the scenario: The woman initially had a licence from the landlord to use the storeroom for storing stock. When the new lease was created, it effectively converted her licence into an easement. This is because the new lease granted her exclusive possession of the shop, which would include the right to use the storeroom, unless explicitly stated otherwise. Even though the provisions of the new lease did not specifically reference Section 62 of the Law of Property Act 1925, the grant of exclusive possession under the lease is sufficient to create an easement. Therefore, the woman likely has an enforceable easement to use the storeroom, as it was effectively converted from a licence to an easement when the new lease was granted. This means she has a legal right to continue using the storeroom for storing stock, and she may be able to prevent the landlord from demolishing it. Question 48. Criminal Procedure: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question48 The best answer is D. Question 49. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question49 The best answer is C. Question 50. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question50 The best answer is D. Question 51. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question51 The best answer is A. Question 52. Criminal Law: https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question52 The best answer is E. Question 53. Wills https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question53 The best answer is B. Question 54. Taxation https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question54 The best answer is C. Question 55. Criminal Procedure https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question55 The best answer is D. Question 56. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question56 The best answer is A. Question 57. Taxation https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question57 The best answer is E. Question 58. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question58 The best answer is B. The interest created in the transfer is a restrictive covenant, as it limits the use of the land by prohibiting the erection of more than four single-storey houses. Restrictive covenants can be either legal or equitable. Legal restrictive covenants are enforceable at law, usually through a court order, and bind successors in title without the need for privity of estate. Equitable restrictive covenants, on the other hand, are enforceable in equity and require privity of estate to bind successors in title. Here, since the covenant binds successors in title, it is likely to be an equitable restrictive covenant. Therefore, the correct answer is: Question 59. Criminal Law: General defences: self-defence https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question59 The best answer is D. Question 60. Taxation https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question60 B Question 61. Trust Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question61 The best answer is B. The personal claim against the girlfriend is likely to succeed if it can be proven that she received the trust money with knowledge of the breach of trust by the man. In this scenario, the girlfriend had knowledge of several key factors: The man's inability to afford the transfer of £200,000, given his outstanding debts. The man's status as a trustee and his willingness to unlawfully take money from the trust for his own purposes. She did not inquire about the source of the money, despite being aware of the above facts. Given these circumstances, the girlfriend's knowledge of the breach of trust, combined with her failure to inquire about the source of the money, could be construed as complicity in the breach. Therefore, option A is the most likely correct answer: A. Yes, because her knowledge made her suspicious but she decided not to enquire about the money. Question 62. Wills and Intestacy: Validity of wills and codicils https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question62 The best answer is C. A testator must either sign the will or acknowledge the signature in the presence of 2 or more witnesses. Question 63. Land Law https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question63 A legal lease for three years or fewer can be created by oral agreement. Question 64. Criminal Practice: Principles and procedures to admit and exclude evidence: hearsay evidence: grounds for admitting hearsay evidence https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question64 The best answer is C. Res Gestae is a Latin term which literally translates as “things done”. It means, “a statement made by a person so emotionally overpowered that the possibility of concoction or distortion can be disregarded”. (section 118 CJA 2003) It is now expressly included as a gateway to admit hearsay under section 118 CJA 2003. Source: https://www.exchangechambers.co.uk/victimless-prosecution-applying-and-resisting-res-gestae/ Question 65. Property Practice https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe1-sample-questions/flk2/question65 The best answer is C.

Computational Creativity. Introduction. This textbook explores means by which artificially intelligent systems exhibit behaviors that can be regarded as creative, in areas such as visual arts, music, storytelling, non-fiction narrative, architecture, product design, and computer programming. Such systems are tools for humans to advance human creativity, but increasingly these systems are better viewed as collaborators with humans in hybrid human-machine creation. Creativity will also be found in large collectives of agents, both human and machine, and creativity will be found in general AIs too. The text is intended to support a standalone undergraduate course in computational creativity, or to augment a course in artificial intelligence, machine learning, cognitive science, and other disciplines. The book may also be used in conjunction with the Wikipedia entry on computational creativity and related pages, as well as a host of other sources, such as Veale, et al (2020). As a textbook, however, these pages include projects and exercises, sample syllabi, and other material and experiences relevant to the teaching and learning of computational creativity. The book can also be used for self-study or other informal education by motivated learners. The philosophy behind the textbook includes an embrace of AI systems as tools for human creativity. Most notably, AIs such as chatGPT and Midjourney have changed the AI and societal landscape in the blink of an eye. The textbook seeks to provide materials that embrace these technologies as tools and collaborators for advancing student learning in still other creativity domains, as well as address the societal implications of computational creativity. It is our intent that exercises and projects include versions where AIs openly help design, implement, document, and evaluate a computationally creative system with student prompting, or an artifact in another creative domain such as visual art, music, dance, or narrative. We also include versions of exercises and projects that are intended to limit aid from an AI, just as instructors might limit aid from other people. An example exercise, perhaps for a course in Computational Creativity, AI, or Software Engineering, is as follows. Background: Read "A Prompt Pattern Catalog to Enhance Prompt Engineering with ChatGPT" (https://arxiv.org/abs/2302.11382) or listen to an instructor lecture on its content. Assignment: Collaborate with a large language model to specify, design, implement, and document a game of logic that uses knowledge of Boolean operations. The implementation can be in a programming language of choice. The game is intended to practice players in the full breadth of Boolean operations, as well as concepts such as minimal sets of connectives for expressing all Boolean functions. Submit (a) a paragraph description of the game and its rules, (b) an architectural design of the game program that involves major functions (e.g., moving, display, win/loss) and header comments for these functions, (c) a well commented code listing, (d) sample plays between a user and an AI, or two humans, or two AIs, (e) a summary listing of critical prompts used throughout the development process and their relationship to the prompt patterns found in the reading, and (f) comments on issues of interest, such as the appearance and impact of any apparent misconceptions on the part of the AI. Before launching into material on various areas where computational creativity are relevant, we touch on a general introduction to the wide-ranging field. Characteristics of creativity. Creativity, of various types and degrees, characterizes processes of creation. Creativity is a characterization in a multidimensional space relating to the extent to which a process (as embodied by some kind of agent) explores alternatives through thought and action, evaluates those alternatives, imagines what are possible results of actions, and empathizes and otherwise mentalizes the goals, capabilities, and feelings of other agents. We will not treat creativity as binary valued, but we will often implicitly reduce the multiple dimensions of creativity into a single dimension to talk about creation processes as more or less creative. The results of creativity can be objects or thoughts, and the results are often characterized by varying kinds and degrees of novelty and value – how distinct is a result relative to a collection of other objects and imaginings of similar function, and what is the result’s pragmatic utility, beauty, or interestingness. You will sometimes hear inanimate objects referred to as creative, like “that is a creative vase”. You can assume that this is shorthand for saying that the vase has high novelty or value; or that the process that created that vase did significant exploration or used novel evaluation metrics, etc. If we call an agent creative it suggests that the agent, a human or AI artist or engineer, often carries out creative processes of creation, or produces results that have high degrees of novelty and value. This is the sense in which you will hear 'creatives' as people who create. Is it possible for a creative process to produce mundane results? Sure, in large part because creativity lies in the eye of the beholder as well as the creator, and the space of objects against which the spectator evaluates a creation in terms of novelty and value is perhaps wider than the creator’s experience. The creator may have carried out processes that were quite unique to them, but not to a larger society. This distinction has been referred to as individual creativity and historic creativity, and of course it generalizes to a continuum between the individual and society as extremes. Creativity occurs at different scales of time and activity, as well as of agency. It occurs in the operations at an assembly line station, however small we think of it (remember, creativity isn’t a binary), and at the level of the entire assembly line or some alternative paradigm for holistic construction. Non-human animals are creative, both as individuals and collectives, as are AIs, or so that is the assumption of this text. The topics mentioned here – exploration (search) vs exploitation, evaluation using measures such as novelty and value, projection or imagination, and scales of agency, time, and space are all amenable to computational treatment. Computational Creativity and AI. Computational creativity is an area of artificial intelligence (AI), though some would say understudied. Most AI systems today, including computational creativity systems, are very focused and narrow applications, such as creation of visual art from narrative prompts, story writing, and music composition. In principle, such functionality in human affairs are very broad, drawing from the human creators' wealth of experience, but it could be said that the AI systems that mimic the human artists may take "shortcuts" in the creative steps, extracting features of the end results of creative processing and using these features in the creations of the AI. Nonetheless, the processing of computational creativity systems is impressive, typically in its processing of massive data sets that are typically the results of human creation. Some systems are multi-modal (e.g., taking narrative prompts as input and producing visual art, or vice versa from images to captions), which places them a step towards systems-level AIs. Systems level AIs include "intelligent" vehicles, Watson, and home assistants like Alexa. Further up the dimension of autonomy are person-comparable AIs, and these are still the stuff of science fiction. One reason that is often given to interrogate your own thinking as you work on creativity and computational creativity projects is so that you will develop insights into the component processes that you use and coordinate in completing each project, and tasks like them in other parts of your life. Each of the component processes may themselves be decomposed further, and implemented by existing AI tools, at least in part. The hope of course is that you will imagine ways of implementing the sub-processes and complete process computationally so that you can be leaders, and the wisdom, in the wave of systems-level and person-level creative AIs that will probably come. Our assumption is that creativity pervades intelligent processes of all kinds in human systems, and we will be discussing ways that it might pervade AI systems too. Learning, like creativity, is also a pervasive capability in human systems, and AI systems too, but even now (machine learning has been explored since the 1950s), most machine learning lies on the narrow end of the generality dimension. But learning in humans and AIs is a process, albeit spread over longer time scales, by which an agent explores and evaluates alternatives. Cognitive architectures and cognitive systems are areas of AI that study the processes of system-level AIs. We will often structure our discussions of creativity in systems-level AIs by considering the requisite capabilities outlined in our cognitive architectures reading. It is the goal of the book to describe the computational underpinnings of computational creativity, as well as describing the wealth of application areas for computational creativity. And now for areas of computational creativity! Curation. We interpret ‘curation’ broadly, as concerning collections of many types of things by novices and experts alike. Curation includes component activities of selecting, displaying, and educating about collections. Curation is an act of creation, as in creating an exhibit, and it begs some degree of creativity. Because curation involves collections of discrete things it is a good class of activity for introducing the utility of computational approaches. Our goal is to not simply talk about existing computational tools for carrying out curation, if any, but to imagine how computational tools might be applied to curation subtasks. This theme of discussing “what is” and “what could be” will run through other topics as well, though we may be less likely to know how to imagine the “what is possible” with respect to other media, though you may know more and are encouraged to "speak up" here on Wikibooks. Suppose that a building for curating artwork has already been created, like the West Building of the National Gallery of Art, and a collection of paintings and sculpture is on site. A curator knows the dimensions of rooms, heights of walls, measurements of paintings and sculptures, and lots of metadata like artist, year, region, etc. What are the ways to organize the collection? Can the same methods and metrics be used to display gardens, zoos, natural histories, etc? A basic AI functionality that might be useful for a computational curator is state-space search, where the states can be vertices in an explicit graph like a road network, or the states can be nodes or vertices (aka states) that are generated on-demand from an implicit graph. The "vertices" or states in AI problems are most typically quite complicated knowledge structures that are part of an implicit graph. State-space search is most typically used to explore alternatives in the 'problem-solving and planning' and 'reasoning and belief maintenance' functionality classes of a cognitive architecture. Another basic AI strategy is representation and learning with artificial neural networks (ANNs), which are typically huge collections of simple interconnected processing units (akin to individual neurons). Powerful computation stems from the interconnection of these units and their coordinated activity. In our first treatment of ANNs the functionality that we discuss is most appropriate to three cognitive architectures functionality classes: 'recognition and categorization' , 'perception and situation assessment', and 'prediction and monitoring'. Narrative. Interactive. Mark O. Riedl and Vadim Bulitko (2013). Interactive Narrative: An Intelligent Systems Approach, AI Magazine, Spring Issue, 67—77. “The Story of Facade: The AI Interactive Drama“ Music. “Artificial Intelligence and Music Generation Systems: An Introduction to the State of the Art” (2020), Frontiers of Artificial Intelligence, Vol. 3. (This is long, so start early, and its one reason you don’t have an actual quiz on Wednesday of this week.) The DALL-E of Music? Shimon improvisational drummer videos Dance. AI Choreographer: Learn to Dance with AIST++ Music Conditioned 3D Dance Generation Performance Art. Affordance-based Generation of Pretend Object Interaction Variants For Human-Computer Improvisational Theater, pp. 140-147 of Proceedings of the 10th International Conference on Computational Creativity

Supplementary mathematics/Applied mathematics. Applied mathematics is a science that is used to apply mathematical methods in various fields such as physics, engineering, medicine, biology, finance, business, computer science and industry. Therefore, applied mathematics is a combination of mathematical sciences and specialized sciences. The term "applied mathematics" also describes a professional specialty in which mathematicians work on practical and scientific problems by formulating, studying, and thinking about mathematical models. In the past, practical applications have also motivated the development and progress of mathematical theories, which then led to the invention of the science of pure mathematics, where abstract concepts are studied for their own sake and have exceptional methods. Therefore, the activity of applied mathematics is closely related to research in pure mathematics. Applied mathematics has concepts that are used in specialized fields. This topic has even been used in mathematics itself, for example, physical objects in nature. can be mentioned in geometry, slope length in differential and integral calculus, etc. It can be said that applied mathematics by discovering in physics, theories, etc It can be used.

Supplementary mathematics/Pure mathematics. Pure mathematics is the study of mathematical concepts independent of any application outside of mathematics. These kinds of concepts may originate in real-world concerns, and the results obtained may later be highly useful for practical applications, but pure mathematicians are not primarily motivated by such applications. Instead, the attraction is attributed to the intellectual challenge and the aesthetic beauty of working to the logical consequences of underlying principles. While pure mathematics as an activity has existed at least since ancient Greece and has made effective progress, of course, these concepts can be seen in ancient Iran, ancient Egypt, ancient Babylon,And even in the golden period of Islam, etc. This concept was carried out around 1900, after the introduction of theories with counterintuitive features (such as non-Euclidean geometries and the theory of infinite contour sets) and complex concepts of calculus, and the theory was explained. The discovery of apparent paradoxes (such as continuous functions that are nowhere differentiable and Russell's paradox) was also discussed as an example in the scientific field. It introduced the need to renew the concept of mathematical precision and rewrite all mathematics based on it, with the systematic use of axiomatic methods. This led many mathematicians to focus on complete mathematics for its own sake, i.e. pure mathematics. It follows that, presently, the distinction between pure and applied mathematics is more a philosophical point of view or a mathematician's preference rather than a rigid subdivision of mathematics. In particular, it is not uncommon that some members of a department of applied mathematics describe themselves as pure mathematicians.

Supplementary mathematics/Computational mathematics. Computational mathematics includes mathematical research in branches of science where calculation plays an important and key role. Calculation means algorithms, numerical methods and symbolic methods. Calculation is leading in research. Computational mathematics emerged in the 1950s as a different branch of applied mathematics. Today, it is necessary to use a computer to perform calculations to solve various scientific problems. Computational mathematics includes or relates to:

Supplementary mathematics/Branches of mathematics. Mathematics covers various types and depth of subjects throughout history, and only by sorting and categorizing all these subjects in mathematical branches can they be understood and collected in one place. Several models emerged to categorize these issues and although there are commonalities between these models, each one is different from the others due to their purpose. Traditionally, mathematics is divided into pure (the study of mathematics for its inherent beauty) and applied (the study of mathematics for its application in real-world problems). But this general division was not always clear and many subjects were first founded by pure mathematics only to find its applications later. Major divisions such as discrete mathematics , computational mathematics , etc. have emerged recently. An ideal taxonomy would allow new branches to be added to previous knowledge, making surprising improvements and being able to accommodate unexpected connections between branches to previous classifications. For example, Langlands' program found unexpected connections between previously considered unrelated fields, such as connections between Galva groups , Riemannian procedures , and number theory.

Supplementary mathematics/Riemannian geometry. Riemannian geometry is a branch of differential geometry that investigates and studies the contents of Riemannian manifolds, i.e. smooth manifolds equipped with Riemannian metric, this manifold structure is equipped with inner multiplication on the tangent space at any point, so that from one point to The other point changes smoothly. Also, this structure specifically acquires local concepts such as angle, bend length, surface area and volume. From these, some other global quantities can be obtained by integration.

Professionalism/FIU Pedestrian Bridge Collapse. Background. The new pedestrian bridge crossing over SW 8th St. at the SW 109th Ave. intersection broke ground in 2016. The money for the project came from a federal grant to fund the University City Prosperity Project. The goal of the project was to make crossing the busy SW 8th St. safer for pedestrians. Hundreds of Florida International University (FIU) students cross SW 8th St. to travel between the FIU campus and Sweetwater, Florida on a daily basis. On August 20, 2017 a student was killed while crossing SW 9th St. at SW 109th Ave. when they were hit by a car. The bridge project was being constructed through the Local Agency Program (LAP), meaning the Florida Department of Transportation (FDOT) did not directly oversee the project. The bridge was also being constructed using a technique called Accelerated Bridge Construction (ABC), which FIU researches extensively. ABC involves assembling the bridge off site and subsequently moving the bridge into place. This method is meant to reduce traffic impacts and lane closures while improving worker safety. Relevant Participants. The general contractor for the bridge was Munilla Construction Management (MCM). FIU retained Bolton Perez and Associates (BPA) to the Construction Engineering and Inspection (CEI) firm for the project. FIGG Bridge Engineers (FIGG) designed the bridge and were the Engineer of Record (EOR) for the project, responsible for designing a safe and constructable bridge. The Louis Berger Group were hired by FIGG to be an independent peer reviewer of FIGG's design work. Structural Technologies/VSL was the subcontractor responsible for post-tensioning on the bridge. Design. FIGG designed the pedestrian bridge to be a 320-foot-long pre-stressed concrete, truss bridge. The truss span was designed to be entirely self-supporting while the central piers and cables provided stiffness against vibration. Many of the diagonal members were designed to be constructed with post-tensioning (PT) bars to keep them in compression during any stage of construction. The fatal design error of this bridge was incorrect load and capacity calculations which led to shear failure at a critical node. Once the shear failure disconnected the joint between members 11 and 12 of the truss and the deck of the bridge, failure was imminent. Timeline. February 28, 2018. Six photographs of cracks taken by BPA are forwarded to MCM, who subsequently forward the photos to FIGG. March 7, 2018. FIGG responds to photos sent by MCM. FIGG did not find any structural concern with any of the cracks photographed by BPA. March 10, 2018. The Pedestrian Bridge is moved into place on the roadway. VSL begins to destress the post-tension (PT) bars, and more cracks begin to appear. Kevin Hanson, a supervisor for VSL, regarded as very knowledgeable about PT systems, noticed the cracking and sent an image to his supervisor stating "it cracked like hell". March 12, 2018. Rodrigo Isaza, the project manager for MCM, along with other MCM employees photographed the new cracking. Rodrigo Isaza stated in an email to Dwight Dempsey, a PE at FIGG: "some of these cracks are rather large and/or of concern". March 13, 2018. FIGG confirmed to both MCM and FDOT that this new cracking was not a safety issue, and offered a temporary solution. MCM also tells FIGG they will be monitoring the cracks. FIGG then asked to be notified if the cracks increased in size. March 14, 2018. MCM sends more photos of cracks to FIGG. FIGG analyzed the cracks further. March 15, 2018. Two FIGG engineers go on the bridge to examine the cracks, along with employees from MCM and BPA. A morning meeting was then held, and FIGG again stated that the cracks presented no safety concern, despite not understanding how the cracks formed. BPA asked FIGG during the meeting if the analysis was peer reviewed. FIGG agreed that they should be peer reviewed, but they had not been at the time of the meeting. BPA also confirmed that the cracks had been growing in size. Later that day, the bridge completely failed and collapsed killing 6 people and injuring almost a dozen others. Professional Ethics. Every company involved with the creation of the FIU Pedestrian Bridge was in some way responsible for the casualties when the bridge collapsed. Specifically, there are breaches of professional ethics in the specific actions taken by involved engineers, while others are institutional failures from oversight and regulatory agencies. Project Failures. The following are some of the specific failures in implementation and oversight that allowed a series of errors to occur ultimately leading to the bridge collapse: Recommendations. In their analysis, the National Transportation Safety Board (NTSB) gave specific recommendations for the Federal Highway Administration, FDOT, American Association of State Highway and Transportation, and FIGG. Amount these recommendations are: The Standing Committee on Structural Safety (SCOSS) also published a report detailing more broad changes in the industry that contributed to the failure. SCOSS proposes the following changes to the design process: Putting It All Together. There were many oversights that happened in this case starting with the designed load capacity oversight by FIGG. The peer-reviewer Louis Berger failed to look over the entirety of the plans due to their unqualified nature and their lowering of budget which led them to be unable to check thoroughly. These oversights manifested themselves into deficiencies within the bridge itself which caused cracking to occur. Once cracks were discovered on the bridge there were many oversights that made the potential of harm to humans greater. The American Society of Civil Engineers (ASCE) Code of Ethics lists protecting the health and safety of the public as the first ethical responsibility of civil engineers. That is, every single one of these workers should have had safety for everyone first. They lacked the professional knowledge and judgment to see how dangerous these cracks were and shut down SW 8th St. to keep the public away from an imminent crash. Aftermath. Company Lawsuits. Most settlements filed by the victims' families were settled in 2019, the total amount against the engineering firms amounted to over 100 million dollars. The last settlement was against Louis Berger and settled in January, 2022. Company Blame. All involved parties, including FIGG, don't take full responsibility. Their own inquiry into the collapse found that it was not their design that was at fault for the collapse, but rather it was a failure of the MCM construction crews to follow procedures that led to the failure. FIGG lost two high profile jobs after the collapse, including an $803 million bridge replacement job on US 181. Even after evidence against them and deflection of blame, FIGG remains a well-respected name in the bridge design industry. After agreeing to a $9.5 million settlement with FIU, MCM placed Louis Berger's name on a lawsuit, effectively blaming the collapse on the independent consultant. Robert L. Sumwalt, chairman of the NTSB said he had never "seen [a project] where there’s more finger-pointing between the parties." Although, some companies, including MCM and BPA, have officially changed their name since the collapse. Rebuilding. FIU still plans to build a pedestrian bridge in the planned location, although now the bridge will use more traditional building methods and have a memorial for the victims of the original bridge's collapse. FDOT will manage the construction of the bridge instead of FIU. The highway under the bridge will be closed while the bridge is under construction. Teachings about Professional Ethics. Even before the bridge crashed there was a lack of professionalism from each company involved which was eventually revealed by the pointing of fingers. The inability to accept responsibility showcased by this deflection of blame was inherent when cracks were identified. It seemed that each company didn't want to see the cracks as dangerous because they didn't want to possibly take blame for them occurring. Engineers should learn from this case that even if a problem didn't come about because of you, it should still be reported with urgency. Similar Projects. In 2010, a decking failure in Medford, MA prompted a project to replace a series of 14 dilapidated bridges along a corridor of I-93 outside Boston, MA using the same ABC methods. All the bridges were replaced in the summer of 2011 without any serious injuries. The 93 Fast 14 project was a huge success "without delays or costly overruns," according to MassDOT. Recommendations for Future Work. The design is complicated and unique and it may be useful to understand why FIU decided to undertake such an ambitious bridge design. The aftermath section can also be expanded on, including but not limited to a detailed review of the filed lawsuits and how the companies deflected and explained away blame.

Character Encodings/Code Tables/EBCDIC/EBCDIC 435. IBM code page 435 is an EBCDIC code page with full ISO 6937 support used in IBM mainframes. It is a superset of code page 1024, except that the underscore and underline are unified in this code page. Code page 1005 disunifies the underline from the underscore, moves characters around to match EBCDIC 500, and unifies the macron with the overline. There are non-spacing diacritic characters. However, code page 435, as well as ISO/IEC 6937, defines a fully specified character repertoire, mapping a list of composition sequences to ISO/IEC 10646 character names. The isolated non-spacing bytes are not included in this repertoire, although spacing variants of the diacritics not otherwise present in ASCII are included, with the ASCII space being the trail byte. Hence, only certain combinations of lead byte and follow byte conform to the ISO/IEC standard. This system also differs from the Unicode combining character system in that the diacritic code precedes the letter (as opposed to following it). A little anomaly is that "Latin Small Letter G with Cedilla" is coded as if it were with an acute accent, that is, with a 0xC2 lead byte, since due to its descender interfering with a cedilla, the lowercase letter is usually with turned comma above. In total 15 diacritical marks can be followed by the selected characters from the primary set (it is unknown if more characters are available): Codepage layout. Characters are shown with their equivalent Unicode codes.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1024. IBM code page 1024 is an EBCDIC code page with full T.61 support used in IBM mainframes. Code page 435 encodes more characters and unifies the underscore with the combining underline. There are non-spacing diacritic characters. However, code page 1024, as well as T.61, defines a fully specified character repertoire, mapping a list of composition sequences to ISO/IEC 10646 character names. The isolated non-spacing bytes are not included in this repertoire, although spacing variants of the diacritics not otherwise present in ASCII are included, with the ASCII space being the trail byte. Hence, only certain combinations of lead byte and follow byte conform to the ISO/IEC standard. This system also differs from the Unicode combining character system in that the diacritic code precedes the letter (as opposed to following it). A little anomaly is that "Latin Small Letter G with Cedilla" is coded as if it were with an acute accent, that is, with a 0xC2 lead byte, since due to its descender interfering with a cedilla, the lowercase letter is usually with turned comma above. The underline at 0xAD can be inserted under any letter. In total 13 diacritical marks can be followed by the selected characters from the primary set: Codepage layout. Characters are shown with their equivalent Unicode codes.

Information Technology and Ethics/Types of cryptocurrency. There are many types of cryptocurrencies. Since the launch of Bitcoin in 2009, many other cryptocurrencies, commonly referred to as "altcoins," have been developed. 1) Bitcoin(BTC): In the crypto industry, Bitcoin is without any questions in the lead. It was the first cryptocurrency, as well. 2009 saw the birth of Bitcoin, which was created by a single person (or potentially a group) using the identity of Satoshi Nakamoto. Compared to a cap of 21 million, there are probably more than 19 million Bitcoin tokens in use as of June 2022. Every day, over 1,000 new bitcoins are created, bringing the total number of bitcoins to a maximum level. A central bank or any other authority had no plans to control Bitcoin. Instead, it makes use of blockchain technology, a public record that is distributed and holds a digital record of each Bitcoin transaction. Peer-to-peer (P2P) verification, the fundamental cryptography and trust framework that Bitcoin built, is the basis for the majority of current cryptocurrencies. The immutability of the Bitcoin blockchain, which means it cannot be changed in any way, makes it an excellent choice for communicating between two or more people. 2) Ethereum(ETH): A blockchain network is part of Ethereum. Ethereum, however, was built as a flexible blockchain, which means it wasn't made to support a particular currency but rather to let users of the network build, publish, trade, and deploy decentralized applications (dApps). The Ethereum platform's native currency, ether (ETH), was created for use as a means of exchange. To understand ETH more clearly, think of it as the fuel that the Ethereum blockchain runs on. Due to the fact that many ICOs depend on the Ethereum blockchain, Ethereum has been useful in the launch of many ICOs. The growing number of non-fungible tokens (NFTs) is also a result of the Ethereum network. The Ethereum network provides an open-sourced digital architecture so that developers may build and execute applications, or "smart contracts," applying many kinds of system-compatible coins. ETH, the Ethereum network's native cryptocurrency, is used to process payments done on the network by applying various applications developed there. 3) Ripple(XRP): In 2012, the Ripple network and its digital currency, XRP, were introduced. Because it is owned by a single business and is not managed by an independent community, XRP differs from other cryptocurrencies. Also, it does not present itself as an option for standard currencies. Instead, XRP aims to function as a form of third-party currency for international trade between any type of unit of value, such as from cryptocurrencies like Bitcoin to the euro or other official currencies. The basic objective of Ripple is to build a network that allows the fastest and most single-word process for as many transactions as possible. Ripple is trying to draw in businesses interested in the technology, such as major banks, exchange services, and payment providers. With this in mind, it's clear that Ripple fights less with other cryptocurrencies like Bitcoin or Ethereum and more with popular financial infrastructure services like SWIFT. 4) Litecoin(LTC): As one of the original altcoins (alternatives to bitcoin), Litecoin (LTC) is a cryptocurrency that was launched in 2011. Although LTC was developed to be better than BTC, particularly in terms of transaction speed, it is based on the original source code of Bitcoin and shares some features with BTC. Litecoin has changed in value over time, much like many cryptocurrencies (or even some securities and stocks), although being an originally well-liked acceptance into the crypto sector. The Bitcoin blockchain, which is the open-source, digital public ledger that most cryptocurrencies use, has been split to create Litecoin, an independent, peer-to-peer cryptocurrency. Litecoin was created to make it possible for anyone, anywhere in the world, to exchange money with quick, nearly cost-free payments. 5) Dogecoin(DOGE): In 2013, Dogecoin, which is called "dohj-coin," was introduced as a method for simulating Bitcoin. It is known as the first prank cryptocurrency. The currency managed to attract interest from the public as well as some investment. Dogecoin's reputation as a safe cryptocurrency increased after Elon Musk expressed support for the cryptocurrency in a tweet in April 2019. Dogecoin is another cryptocurrency that functions on a blockchain network with a PoW method, much like Bitcoin and Ethereum. However, unlike Bitcoin, which has a maximum of 21 million coins, there is no limit to the number of currencies that can be produced. 6) Solana(SOL): Solana(Sol) is the name of the native currency used by the unique blockchain system Solana. In the real world, one of the best-performing cryptocurrencies is called Sol. By 2021, it increased sharply from less than $5 to about 20 times its original value. Solana provides some of the best technologies for smart contracts, providing a variety of platform-based applications. The Degenerate Ape Academy, a well-known NFT that was introduced in 2021, was also designed by the Solana team.

Information Technology and Ethics/Security Risks and Precautions. Security in the field of cryptocurrency is important. With decentralization and borderlessness come a range of security threats, including hacking, theft, scams, and fraud. This chapter will guide you through the risks and precautions you need to know to confidently navigate the cryptocurrency landscape. By understanding the dangers and taking appropriate measures, you can safeguard your investments and enjoy the exciting benefits of this rapidly evolving technology with peace of mind. Hacking and Theft. Cryptocurrencies are at risk of hacking and theft, posing a major security threat. Online criminals are targeting crypto platforms, including exchanges and wallets, with the aim of stealing digital assets. Once these assets are stolen, untraceable blockchain technology makes a recovery nearly impossible. Phishing Attacks. One common method of stealing cryptocurrencies is phishing attacks. Phishing involves the creation of fraudulent websites and emails by hackers who use social engineering tactics to make them seem genuine. Users are often deceived into giving their login information or private keys by these fake websites or emails. Hackers are able to use this data to get control of the user's digital currencies wallet and send the user's funds to their own accounts. Malware. Hackers usually use malware because it has the ability to seriously damage computer systems. It poses a genuine danger to security since it is designed to interfere with regular operations or inflict harm. Once inside, the hackers can access the system and take the victims' secret keys and login information. To covertly mine cryptocurrency, they can even remotely take control of the computer. By becoming knowledgeable about how to protect your computer, you can defend yourself against these harmful threats. Cryptocurrency Exchanges and Wallets. Investing in cryptocurrency requires security measures to protect against hacking and theft. Hence, it is important to use trusted cryptocurrency exchanges and wallets equipped with robust security features. This consists of encrypting data two-factor authorization, and frequent examinations of security. It is also essential to never share your private keys or login credentials with anyone and to keep them stored securely offline. Scams and Frauds. Scams and fraud in the cryptocurrency industry have increased in frequency as a result of cryptocurrency's increasing acceptance. Fraudsters take advantage of the anonymity and decentralization of cryptocurrencies to scam investors out of their money. It is important to be aware of the most common cryptocurrency scams and frauds to protect yourself from financial loss. Ponzi Schemes. With the money raised from younger investors, a Ponzi scheme, a deceptive investing plan, pays off previous investors. These scams are widely advertised via social media and many internet platforms with exaggerated claims of financial benefit. Before investing their money, investors perform checks on potential investments and verify their reliability. Fake ICOs. Startups frequently use initial coin offerings (ICOs) to generate money by releasing new coins. However, there are many scam ICOs occurring with the goal to trick investors into trading with money for worthless tokens or coins. Those scam ICOs usually mimic real projects by creating fake websites, social media profiles, and whitepapers. This is why Investors should always do enough investigating to check the reliability of any ICO when setting up an investment. Pump and Dump Schemes. A deceptive strategy designed to artificially boost the value of a specific cryptocurrency is known as a "pump-and-dump scheme," in which false or unclear information is used to spread. This strategy, which is usually made possible by social media platforms, is used to trick unaware buyers into buying cryptocurrencies at inflated rates. Before making an investment in any digital currency, investors should always exercise caution when following financial recommendations on social media. Storing Cryptocurrencies Safely. Securing cryptocurrencies is a main component of the cryptocurrency industry, demanding the utmost attention. Unlike physical assets that can be held in banks or safes, cryptocurrencies require more advanced and secure storage methods to avoid theft or loss. Hardware Wallets. Hardware wallets are actual items developed to secure the private information needed to access and transfer digital currency. This makes them an exceptionally safe way to store cryptocurrencies since they are offline and secure from online hacking attempts. Cold Storage Methods. Securely storing cryptocurrencies offline can be achieved through cold storage methods. This approach refers to the offline storage of cryptocurrencies in order to prevent unauthorized access or hacking attempts. One popular method of cold storage is by creating paper wallets, which involve generating private keys and storing them in a safe physical location. Multi-Factor Authentication (MFA). Securely storing cryptocurrencies demands the use of multi-factor authentication (MFA). MFA fortifies the protection of cryptocurrency wallets by requiring multiple verifications, such as a password and biometric scan, before providing access. This enhances the security of digital assets and significantly deters unauthorized intrusion. Maximize the security of your cryptocurrency storage with MFA. Updated Software Wallets. Ensuring the safety of your digital assets is important. One way to achieve this is by regularly updating software wallets with the latest security patches and updates. Cybercriminals are constantly seeking out vulnerabilities in these wallets, but by staying up-to-date, their attacks can be avoided. Digital wealth can be secured by keeping the software wallets optimized for safety. Password Security. Ensuring optimal password security is imperative when storing cryptocurrencies. Employing robust and elaborate passwords, utilizing password management tools for password generation and storage, and abstaining from using identical passwords for multiple accounts are all effective measures to forestall the threat of unauthorized access to cryptocurrency wallets.

Supplementary mathematics/Discrete mathematics. Discrete mathematics is a part of mathematics dedicated to the study of discrete objects (discrete means distinct or unrelated elements); In other words, in response to the question of what is discrete mathematics, we can say that whenever objects are counted, relationships between finite (or countable) sets are studied, and in general, discrete mathematics is used in processes that involve a limited number of steps. Discrete mathematics study areas include counting, transformation (permutation), composition, graph theory, number theory, sets and relations, function and recursive relation. From the time of the English scientist Isaac Newton until the late Renaissance period, almost 80% of all emphasis on the structures of branches of mathematical sciences such as applied mathematics and pure mathematics has been on continuously variable processes modeled by the mathematical continuum and derived from methods of calculus. Differential and integral and limits from branches of geometry such as: analytical geometry and spatial geometry) and statistics and probability are used. In contrast, discrete mathematics is mainly concerned with finite sets of discrete objects such as numbers and skeletal figures (such as graphs). With the growth of digital devices, especially computers, discrete mathematics has become more important. Discrete structures can be counted, arranged, placed in collections, analysis can be done with mathematical logic, tabulation of numbers and calculations can be done and compared with each other. Although discrete mathematics is a broad and diverse discipline, it also has specific rules for mathematical, logical, physical, and geometrical formulas that exist in many subjects. The concept of independent events and resulting rules, sums, and PIEs is shared between compositions, set theory, and probability. In addition, De Morgan's laws are applicable to many areas of discrete mathematics. Often, what makes discrete math problems interesting and challenging are the constraints placed on them. Although the discipline of discrete mathematics has many elegant formulas for applications, it is rare that a practical problem corresponds perfectly to a particular formula. Part of the fun of exploring discrete mathematics is learning about many different approaches to solving a problem, and then being able to creatively apply different strategies to a solution.

Professionalism/The Hippocratic Oath for Technologists. Introduction. The Hippocratic Oath for Technologists is an "ethical creed" written in 2018 by Ali Abbas of USC, Max Senges of Stanford, and Ronald Howard of Google, Inc. The Oath is to be taken by students as they graduate universities, to be discussed by technology firms, and to lay a foundation for ethical use of technology. The Oath is written in response to unethical use of technology, such as inappropriate AI use by social media platforms, biased software, and other issues. The goal is that if technologists abide by the oath, these issues can be prevented. The Pillars of the Oath focus on considering "ethical, legal and prudential" factors, and the overarching goal is to "promote technology for human progress." Pillars. The three pillars of the Hippocratic Oath are easily compared to the traditional Hippocratic Oath for the medical field, highlighting how consideration of ethics in technology is essential in human well-being as well. Pillar 1: I will seek to understand the ethical implications of the use of technology when making decisions.. Pillar 1 echoes themes of responsibility, sympathy, understanding and care. A 2017 Nature article published a AI software for skin cancer diagnosis that was trained on a biased dataset, a case of . Of the 129,450 images used, less than 5% of those imaged were dark-skinned patients. This was a large miss by the research group, showing a lack of consideration for Pillar 1 of the Hippocratic Oath for Technologists. Errors such as this can have widespread impacts on the health of patients, especially since skin cancer is the most common form of cancer in America. Had the researchers thought more carefully about the context that their product would work within, they would have noticed just how many people they failed to reach with their design. In the medical field's oath, similar themes are mentioned. Doctors pledge to remain humble in the face of a great duty, remember that each patient is a human being deserving of consideration, and fulfill their obligation as a member of society. This commitment allows practitioners to treat patients as more than just ailments, and think with care about the impact their decisions have. Pillar 2: I will tell the truth.. Pillar 2 encompasses the importance of professionalism in a technological career, asserting that even if it may be a hard conversation, an ethical technologist will tell the truth and put their profession before their career. In the case of the engineers did not alert clients or regulators of their failed technology. They knew that the new system was dangerous, and that it was being sold with lies to pilots who would be unprepared when things went wrong. All engineers needed to do was share their information with the FAA or a similar regulatory body, and further investigation into the issue would have been highly likely. If those engineers adhered to the Hippocratic Oath for Technologists, many needless deaths would have been avoided. Instead, lives were lost, charges and fines were issued, and Boeing lost the trust of many after selling a failed product. In the medical field's oath, the virtues of telling the truth are also highlighted. Doctors pledge to communicate with colleagues when they don't know an answer, respect patient privacy, and acknowledge their reliance on the scientific gains of others. These principles create an environment where doctors can all work together to better humanity and healthcare. Pillar 3: I will act responsibly.. Pillar 3 reflects the idea of prevention rather than cure. In the , civilians were exposed to toxic methyl isocyanate (MIC) after a storage vessel containing the toxic chemical ruptured. The tank was a deadly hazard that had multiple systems in place to prevent a catastrophic release of gas, but the plant's impending shutdown paralyzed all maintenance of those systems. There was an air scrubbing tower meant to trap harmful gas, but it was down to save money. The flare system intended to burn off the gas as it escaped had a corroded pipe that wasn't replaced. Finally, water hoses could have been used to trap the gas and remove it from the air, but the hoses were too weak to reach the leak. Preventative maintenance could have been performed in accordance with the Hippocratic Oath for Technologists. If it had, this disaster that impacted tens of thousands could have been avoided. In the medical field's oath, acting responsibly is a central theme. In particular, doctors pledge not to overprescribe, nor give in to nihilism, and commit to seek prevention of disease whenever possible. Doctors following this pillar will seek to avoid merely prescribing pharmaceuticals as a solution to patient problems. Instead, doctors will use tools like drugs carefully to aid their patient's health. BetterHelp: a case study in technological ethics. Respondent BetterHelp, Inc. () is an online counseling platform that connects clients with licensed mental health professionals. Founded in September of 2013, it self-identifies as the world’s largest counseling organization, employing over 23,000 licensed therapists and serving more than 3.8 million patients. As detailed in a complaint submitted to the (FTC) on March 3rd, 2023, BetterHelp was cited for 8 violations of the which outlaws unjust practices that affect commerce. The complaint details evidence of privacy practices in which BetterHelp illegally used and sold visitors' and users' data such as emails and IP addresses to third parties including , , and . Third parties used the information to target and optimize advertisements for both BetterHelp and their own platforms. Important Events. BetterHelp launched in September 2013. At the time, its website displayed a seal incorrectly implying compliance with the (HIPAA), and its privacy policy claimed that visitor and users data was only accessible by BetterHelp itself. There was no mention of third-party involvement. In 2017, BetterHelp wanted to improve its marketing strategy and began by delegating almost unilateral authority over the use of Facebook's advertising services to one of its Junior Marketing Analysts—a recent college graduate with no prior marketing experience. Consequently, BetterHelp's marketing practices became increasingly deceitful in the following years. In January, the company began selling user data to third-party platforms, providing over 170,000 user emails to Facebook, thereby violating its own privacy policy. Facebook used this data to target new and existing users with advertisements. In August, BetterHelp published an "Intake Questionnaire" to which users could submit information about their mental health histories for treatment advice. The questionnaire falsely stated that any user-provided information was kept confidential between patient and counselor. In October, the email addresses of all existing and former users—over 2 million individuals—were given to Facebook to optimize advertising practices. Between January 2018 and October 2021, BetterHelp continued to supply sensitive user data to third parties, primarily Facebook, Snapchat, and Pinterest. This data included information on a user's relative financial status, previous therapy history, email, and IP address. At least 10 million visitors and users had their data given away. During that period, BetterHelp also revised the Intake Questionnaire privacy statement four separate times. Each revision made minor changes to wording that gave the company more freedom with its users' information, but never mentioned third-party involvement. The statement was removed completely in October 2021. In December 2020, a was issued by the FTC. Prior to then, no government agency or third party has been brought in to review BetterHelp's information policies for HIPAA compliance. In addition, BetterHelp never recorded which of its providers were subject to HIPAA, meaning an unknown number of patients were unprotected while using the platform. In turn, BetterHelp was forced to remove the seal of HIPAA compliance from its website. In March 2023, the FTC issued BetterHelp a $7.8 million fine and an official ban on disclosing user data for targeted advertisements. Conclusion. Ethical consideration highlights shared principles between medicine and technology, such as professional responsibility, incident prevention and open communication. Medical ethics are a fairly familiar and well accepted concept to many, but technology impacts lives just as medicine impacts lives, only in different ways. It is important for professionals to consider how their technology may help or harm others, and follow the Hippocratic Oath for Technologists just as doctors follow their own Oath. Profound negative consequences are observed when the Hippocratic Oath for Technologists is not followed, such as the case of BetterHelp, Boeing 737, and the Bhopal gas tragedy. Technologies can have society-wide effects that should be treated with the all the reverence of a medical intervention. Following the ethics of the oath can help to prevent a repeat of historical issues with unethical technological uses. Furthermore, an oath is the basis for a professional society that upholds certain standards for everyone. Lone technologists with well defined principles will be discouraged from standing out amidst others who have no concern for ethics. A community with an ethical culture would reward those who uphold the standards, and allow ethical professionals to thrive without having to fight the system.

Information Technology and Ethics/Introduction to cryptocurrency. Introduction. Cryptocurrencies' experience revolutionized financial manufacturing by introducing a new way to conduct transactions without the want for intermediaries, such as banks or financial institutions. The decentralized nature of cryptocurrencies means that they are not controlled by any central authority, which has made them particularly attractive to individuals and businesses seeking a more unafraid, transparent, and really efficient method of conducting transactions. The concept of cryptocurrency is based on blockchain technology, which is a distributed book that records all transactions in a transparent and immutable way. Each deal is verified by a web of computers called nodes, which use complex algorithms to ensure the authenticity and integrity of the transaction. While Bitcoin was the world-class cryptocurrency, there are now thousands of very different cryptocurrencies uncommitted, apiece with its own unique features and use cases. Some cryptocurrencies are intentional for fasting and affordable transactions, others are unintentional to alleviate composite financial transactions, such as smart contracts. Despite their growing popularity, cryptocurrencies remain a controversial topic due to their association with illegal activities, such as money laundering and tax evasion. However, very many proponents argue that cryptocurrencies make the potential to transmute financial manufacture by providing greater accessibility, transparency, and protection Definition of cryptocurrency: Cryptocurrency is a digital currency that is secured and verified using encryption techniques and operates without the involvement of any central authority or government. This allows for greater transparency and autonomy in the network. Cryptocurrencies use decentralized ledger technology, such as blockchain, which creates a permanent and unalterable record of all transactions on the web. The creation of really new units of cryptocurrency is controlled by a protocol, which incentivizes participants to validate transactions and ensure the integrity of the network. While the anonymity and decentralization of cryptocurrencies make them popular among users, these features also lift concerns about their potential use in very illegal activities. The want of regulation in the cryptocurrency industry has made it really difficult to address these concerns. Additionally, the value of cryptocurrencies can be highly volatile, making them risky investments. However, the really possible benefits of cryptocurrency, such as greater financial inclusivity and faster and cheaper transactions, have led to increasing interest and acceptance of these digital assets. A brief history of cryptocurrencies: Cryptocurrencies, which prioritize privacy and certificate in digital transactions, were first conceptualized by David Chaum in the early 1980s. This work paved the way for the creation of the real first cryptocurrency, Bitcoin, which was introduced in 2009 by an unknown person or group known as "Satoshi Nakamoto." Bitcoin's groundbreaking innovation was the use of the decentralized blockchain ledger to verify and record transactions. Since then, numerous other cryptocurrencies like Litecoin, Ethereum, and Ripple have emerged, sharing the same decentralized and digital characteristics that prioritize security. Despite challenges, including regulatory uncertainty, security concerns, and price volatility, proponents believe that cryptocurrencies represent a revolutionary new organization of money that can raise privacy, security, and financial freedom. Benefits of using cryptocurrencies: Cryptocurrencies offer several benefits that traditional banking systems do not. For example, cryptocurrencies use cryptographic algorithms to secure transactions and keep user entropy private, providing greater security. They also operate independently of a central authority, making them immune to government interference or manipulation. This decentralization allows for greater transparency, as transactions on the blockchain are publicly visible, providing accountability. Additionally, cryptocurrency transactions typically have lower fees compared to traditional banking systems, making them a more cost-effective option. Cryptocurrencies are also accessible to anyone with an internet connection, making them particularly useful for people in underbanked or unbanked regions. Finally, as cryptocurrencies become more mainstream, they have the potential to appreciate in value, making them a potentially lucrative investment opportunity.

Information Technology and Ethics/GDPR Compliance. General Data Protection Regulation (GDPR) Introduction GDPR is a comprehensive privacy and security law in the world. It was drafted and implemented by the European Union on May 25, 2018. It aims to protect the data of EU citizens by imposing obligation and organization anywhere in the world collecting the data of EU citizens. Violating the terms of GDPR regulations can lead to fines of up to 20 million euro. According to the nytimes, google was fined 50 million euros for not properly disclosing to users how data is collected across its services like its own search engine like google and its services like maps and YouTube. This penalty is considered as one of the largest under the EU privacy law i.e., GDPR There are some GDPR compliance checklists that the United States organization dealing with European citizens' data must followed. GDPR Compliance Checklist for US Companies ● Should conduct information audit for EU personal data. ● Inform the customers about the reason behind the processing of their data. ● Assess the data processing activities and improve protection ● Data controllers should make sure that they have a data processing agreement with the vendors. ● A designated data protection officer should be appointed especially by the larger organization. ● Non-EU organizations are required to appoint a representative based in one of the EU member states. ● Duties should be known during the event of data breach. ● Organizations should comply with cross-border transfer laws. GDPR Principles 1. lawfulness 2. fairness and transparency 3. purpose limitation 4. data minimization 5. accuracy 6. storage limitation 7. integrity and confidentiality and accountability Top GDPR fines till date 1. Meta It was fined a total of 405 million euros in the year 2022 for violating children privacy through the publication of email addresses and phone numbers. 2. Clearview AI Inc. In 2022, a fine of 20 million euro was imposed on an AI company in America for collecting selfies and utilizing them to expand its database of approximately 10 billion faces. The company used to then sold its identity verification services to various industries, including law enforcement. 3. Google After discovery of the search engine giant was giving the Lumen Project access to the personal information of EU individuals who were requesting their data be erased, AEDP, Spain's data protection body, penalized Google 10 million euros. The AEDP discovered that Google's form for material removal, which individuals used to exercise their right to be forgotten, was unclear. 4. Rewe Rewe, a supermarket chain was imposed a fine a 8 million euro for breaching the GDPR in the year 2022. References

Information Technology and Ethics/SOC 2 Compliance. SOC 2 Compliance: As organizations continue to rely on technology to run their operations, the need for robust security measures becomes paramount. SOC 2 compliance has become one of the most important criteria for service providers and vendors to have controls in place to protect their customers' data. we take a closer look at the five Trust Service Principles of SOC 2 and the benefits of achieving compliance. This principle focuses on protecting data from unauthorized access, disclosure, and destruction. Controls based on this principle include access control, encryption, and auditing of security events. availability: This principle focuses on ensuring that the system can be operated and used as agreed with the customer. Management based on this principle includes plans for redundancy, backup, and disaster recovery.Principle:This principle focuses on ensuring that system processing is complete, accurate, timely,and authorized. Controls based on this principle include input validation, data reconciliation, and error handling. This principle focuses on ensuring sensitive data is protected from unauthorized access or disclosure. Controls based on this principle include access control, encryption, and data classification. This principle focuses on ensuring that personal information is collected, used, stored, and disclosed in accordance with the organization's privacy policy and relevant laws and regulations. Controls based on this principle include data minimization, consent management, and data subject rights. SOC 2 compliance: demonstrates an organization's commitment to security and privacy and can enhance reputation and credibility with customers and partners. SOC 2 compliances can give companies a competitive advantage over competitors who may not have gone through the same rigorous review process. crisis management: SOC 2 compliance helps organizations identify and remediate potential security risks and vulnerabilities, thereby improving their overall security posture. SOC 2 compliance helps organizations meet the security and privacy requirements of industry-specific regulations such as HIPAA and PCI DSS. Being SOC 2 compliant can increase customer confidence in your organization's data protection capabilities, which can lead to increased customer loyalty and retention.

Information Technology and Ethics/Compliance Management. Now that we have reviewed what cybersecurity compliance is, it is important to understand how to get started in making a Cybersecurity Compliance Program within your organization. Every cybersecurity compliance program is specific to an organization due to its versatility and depth it covers. However, the steps below should be a great starting point for any organization to begin developing its compliance program and gain the benefits to meet regulatory compliance requirements. 1. Assemble a Designated Compliance Team The main power behind cybersecurity compliance is your IT staff, however when a comprehensive compliance program is put into place, a compliance team must be formed. For a business to have a strong cybersecurity posture and support compliance procedures, all departments must collaborate. 2. Make a Risk Analysis Process You should adhere to the four fundamental phases of the risk analysis process in order to identify and evaluate risks. These include determining which information systems, assets, or networks have access to data, determining the risk level associated with each type of data, applying a formula to analyze the risk, and establishing tolerance by selecting whether to reduce, transfer, reject, or accept any identified hazards. 3. Enable Controls to Mitigate or Transfer Risk Setting up security measures to reduce or transfer cybersecurity threats is the next stage. These measures include encryption, network firewalls, password restrictions, staff training, incident response plans, access control, and patch management schedules, among other technological and physical measures. 4. Create and Implement Policies Document any policies or instructions that IT teams, staff, and other stakeholders need to follow controls have been put in place. These regulations will also be helpful for future internal and external audits. 5. Monitor and Respond Quickly Maintain a constant eye on your compliance program as new laws or revised versions of old ones are passed. A compliance program's objective is to recognize and manage risks and stop cyber threats before they result in a significant data breach. Additionally, it's crucial to have business procedures in place that let you respond rapidly to threats.

Information Technology and Ethics/Generative AI Ethics. What is Generative AI? The term "Generative AI" refers to a sort of artificial intelligence that generates new data or content, such as writing, pictures, music, and movies, that didn't previously exist. Using machine learning techniques, frequently deep neural networks, it discovers the patterns and structures of the data it is trained on, and it then uses this knowledge to create new content. According to reports, research and development on the subject of generative AI, which has applications in fields including art, music, gaming, and design, is accelerating swiftly. The History of Generative AI. In the beginning, rule-based systems that could make decisions based on a list of specified criteria were the main focus of AI research. These systems were largely static and only partially capable of picking up new information and adapting to it. Artificial intelligence made tremendous strides in the 1980s and 1990s with the invention of neural networks. To mimic the organization of the human brain, neural networks were developed with interconnected nodes that could process input concurrently. This gave generative AI more chances and made decision-making processes more dynamic and complex. In the late 1990s and early 2000s, a new wave of AI research emerged that focused on Bayesian inference and probabilistic modeling. Through the use of partial or erroneous data, this technique allowed for the development of more sophisticated generative models that could account for uncertainty. Deep learning techniques' recent introduction has sparked a revolution in the field of generative AI. Deep learning models are able to learn from vast amounts of data and can create new results that are exact replicas of human-made decisions. This has opened up new possibilities for artistic endeavour's, including the creation of music, artwork, and even full novels. Machine learning algorithms are used in the fascinating area of artificial intelligence known as "generative AI" to produce original content, including text, images, and videos. Unlike traditional machine learning, which focuses on categorization and prediction tasks, generative AI is focused on creative tasks. Generative AI is a fascinating area of research with a lot of potential for a range of applications, including art and entertainment, drug development, and scientific research. As we continue to develop more complex generative AI models and methods, we may anticipate seeing even more remarkable and revolutionary applications emerge in the years to come. Two Types of Generative AI. Fundamentally, generative AI involves using enormous datasets to train a model to generate new, realistic content that closely mimics the source data. The two most common types of generative AI are variational auto-encoders (VAEs) and generative adversarial networks (GANs). Type 1. GANs are made up of a generator and a discriminator, two neural networks that work together to produce new content. The generator generates new data based on random input, and the discriminator judges how realistic the samples are. The two networks are trained simultaneously in an approach called adversarial training, where the generator tries to deceive the discriminator while the discriminator aims to appropriately classify real and generated data. Eventually, the generator gains the capacity to output data that is accurate and similar to the input data. Type 2. VAEs, on the other hand, are neural networks that have the ability to encode and decode data. They learn to reduce incoming data into a latent space, a low-dimensional representation, and use this representation to generate new samples of data. A loss function that VAEs are trained to optimize measures how closely the output data matches the input data. VAEs, on the other hand, are neural networks that have the ability to encode and decode data. They learn to reduce incoming data into a latent space, a low-dimensional representation, and use this representation to generate new samples of data. A loss function that VAEs are trained to optimise measures how closely the output data matches the input data. GANs and VAEs, respectively, can be used to create images, movies, and text. They require a large amount of high-quality data to operate effectively, and the training process can be time-consuming and computationally expensive. How does Generative AI work? Function and Output. Generative AIs are typically trained using a set of data. Based on this training, Generative AI tweaks a number of parameters until they produce an output similar to the training data. In order to make the generated output more similar to what might be present in the training data, the model must learn patterns within the data because it has fewer parameters than the training data. A Generative AI is divided into several distinct layers of nodes, each of whose values is interdependent on the others. The values of the nodes are changed between layers by using the numerical weights of connections. These layers can be split into three categories: the input layer, the output layer, and any number of layers in between, collectively referred to as "hidden layers." To train a GAN, for example, a random seed is fed to the input layer of the generator, which then passes values between layers to generate an output. A set of these outputs, along with a set of training data, is passed to the discriminator network, which then tries to classify whether an input is from the training data or a generated output. Based on the results from the discriminator, weights in the network are tweaked so that future outputs of the generative network are more difficult for the discriminator to distinguish from the training data. To generate, Generative AIs start with a small set of random data, which is passed to the input layer. These values in the input layer are fed through the different layers, being affected by the weights in between nodes, similarly to the process of training. At the output layer, the result is shown to the user. Since the weights between the nodes are determined by the training data, the exact way a Generative AI processes data may change depending on the size of the dataset, the variety of data present within the dataset, and the training process. This may also mean that a Generative AI may struggle with generating an output that was underrepresented or entirely omitted from its training data. Ethical Implications. Biased Outputs. Similar to other types of AI, Generative AIs are capable of producing biased outputs. This stems from a number of issues. Systemic biases present within institutions, culture, history, and/or society will affect the training data. These biases are then reflected as statistical and computational biases in the model. Inherent human biases exist as well, which influence the training data, the design of the model, and the use of its output. Biases in Generative AI outputs can be reduced or eliminated throughout the lifecycle of the model. In the initial phase, designers need to avoid biased training data. Biases in training data can include issues such as not being representative of populations due to how the data was acquired (i.e., data scraped from a website is not representative of all humans or even other Internet users); systemic and historical biases, such as a correlation between race and ZIP code; and others. Additionally, design teams should have a diverse variety of members to reduce biases during decision-making processes. During the design phase, analyses should be conducted to identify sources of bias as well as plans to mitigate them. These should be continually evaluated to ensure the mitigation strategies are working well. Once deployed, the model should be constantly monitored to ensure minimal bias. If necessary, a model should be retrained or decommissioned. Copyright. One of the major implications that generative AI has is copyright ambiguity. This simply means that it is uncertain who would own the rights to the new creative content. Generative AI models are usually trained with large datasets along with contents from various websites, social media, Wikipedia, and huge discussion hubs such as Reddit. As it includes copyrighted material, it can be used to articulate various summary responses asked by the user. This can potentially give rise to copyright infringement by the owner of the content. There has been a lot of ongoing debate on this case. The copyrighted content (both text and pictures) is used in the training data sets, which give rise to a significantly high modulus of languages for Generative AI. The question here arises: should such copyrighted material be allowed to train datasets for Generative AI? The answer is still uncertain, but looking from the perspective of the owner of the original content, it is violating the copyright act. Job Loss / Creation. As generative AI is progressing rapidly, there is a high possibility that it can contribute to unemployment at certain stages. This could be possible when the AI automates certain tasks or activities, displacing human workers. For example, in any B2B organization, the marketing team would be responsible for creating email campaigns that needed to be sent to their clients. The work includes making email templates, drafting the campaign emails, and getting reports on the open and click rates of those email campaigns. So, if an AI is able to create the contents of the email campaigns, the people working towards the creation of these email campaigns would be displaced. Another example is that if AI automates the customer service tasks, then the workers usually working at the call centers providing in-person customer service would be replaced. Some of the AI modes are able to generate the codes as well. So, it can also risk the roles of developers, as AI is usually capable of writing that code in an effective manner, which means taking less time and causing minimal errors. Truthfulness / Accuracy. Generative AI usually gives uncertain responses to certain questions, such as may be, not sure about it, etc. As generative AI makes use of machine learning modules, it does guarantee 100% accuracy. There have been instances where this AI has provided highly incorrect answers to certain questions. Not only that, there have been instances where it has failed miserably in solving certain logics in mathematics. Apart from that, in popular games such as chess, where computers are known to play smarter than humans, AI does make irregular moves that do not make any sense. This eventually increases the risk of spreading false information through such chatbots. Social Engineering. Generative AI can be misused by convincing people to fall into its trap by creating sounds that replicate human sounds. They can use this to send phishing emails or scam phone calls. For example, the attacker can use this tool to claim that he is calling from the IT department of the organization and can eventually convince the user to share his login ID and password, thereby gaining access to his system. So generative AI can lead to social engineering attacks. Future Impacts. As generative AI continues to improve, there are several concerns about what potential future societal impacts may arise. Software Engineering Roles. As various AI technologies continue to improve and evolve, there is a whole new job market for software engineers. Environments known as "robo-software engineering environments work to maximize efficiency by incorporating both AI technology and human creativity and work.  As robo-software engineering environments become more common, there will need to be teams of software engineers whose main role is to develop and maintain this new AI software. Furthermore, once the AI has been deployed for public use, it must still be overseen, maintained, and updated by human software engineers. Regarding the design and development of AI and other machine learning systems, there are many areas of research/work that software engineers can venture into. In this sector of AI software design, engineers should be monitoring any possible performance degradation regarding the AI software, looking into new and more efficient architectural styles and patterns, and looking into ways to better analyze and handle extremely large datasets. A coding team of software engineers will also need to become extremely familiar with how their chosen AI works; this involves learning what algorithms it uses, what NLP tools it has, and how it can help automate their daily work. To best incorporate the realm of human innovation into AI software efficiency and precision, software engineers must innovate new approaches for beneficial collaboration between humans and machines. Such methods require improvements in communication techniques to ensure seamless teamwork toward an end goal. School. Teachers and students will begin to implement generative AI, such as ChatGPT, into their educational environments. Already now, there are examples of teachers utilizing AI to generate lesson plans, exams, essay questions, etc.  As time passes, this technology will only improve, and teachers will be able to automate a large number of their tasks. "hatGPT successfully passed graduate-level business and law exams and even parts of medical licensing assessments (Hammer, 2023), which has led to suggestions for educators to remove these types of assessments from their curriculum in exchange for those that require more critical thinking.” On the opposite spectrum, students have begun to utilize generative AI to mitigate the amount of busy work they actually need to do.  Models such as ChatGPT have been key tools in which outlines, papers, and code can be generated and then modified for student submission.  It is crucial to remember that not all content generated by these models is 100% accurate; therefore, students should take care not to rely on these models; instead, they should use generative AI as a tool for education, not a cheat code.  Technology has also been coming out to help detect AI-submitted content to mitigate students taking advantage of generative AI; GPTZero, for example, was designed specifically for detecting ChatGPT-generated content. As of now, most academic institutions have banned the usage of generative AI, such as ChatGPT; however, this is only a temporary solution.  As this technology continues to improve and become more accessible to everyone, it will become near impossible for a ban to continue.  Academic institutions should begin to focus on teaching the new generation how to use tools such as generative AI in conjunction with their own knowledge and creativity.  Much like how the Internet transformed how students and teachers interacted with each other, generative AI and other AI technologies will have significant impacts in the future. Drug Development. Generative AI systems can be trained on sequences of amino acids or molecular representation systems, such as AlphaFold, which is used for protein structure prediction and drug discovery. The models have become high-potential tools to transform the design, optimization, and synthesis of small molecules and macromolecules. On a large scale, there is the potential to boost the development process. The stages of the process are as follows: Role of VAE and GAN. The role of VAEs is to optimize the log-likelihood of the data by maximizing a lower bound on a likelihood function. Alternately, GAN learns to measure the difference between the so-called “valid” and “synthetic” molecules. However, most of these require large volumes of data. Currently, there is a lack of quality data, and adding to it is an efficient data-sharing process; therefore, data harmonization plays a crucial role in the drug discovery process.   The current AI technologies restrict the application and affect the performance of drug development due to the lack of or limited interpretability, inaccessibility, and lack of availability of high-quality data. Legal Profession. ChatGPT, amongst other services, could potentially significantly impact the legal profession as a whole, not just students. ChatGPT itself stated that, although difficult to predict, there are reasons to believe that the transformation of legal services through generative AI systems will happen quickly, as soon as 5 to 10 years. In terms of students, ChatGPT stated that they should be aware that there is a possibility of these systems performing said jobs instead of humans. The focus should be on understanding how these systems work and how they can be used. ChatGPT is capable of many things in the legal profession. For example, in drafting it proved that it can draft advanced legal documents, including demand letters without prejudice and pleadings. These drafts demonstrate the ability of ChatGPT to elaborate and enhance the content based on simple facts inputted. Amongst other things ,hatT is able to identify legal strategies, generate a skeleton argument to support the case, anticipate potential defences, etc., Despite the capabilities, ChatGPT lacks the capability to undertake legal research and analysis as a competent lawyer could. It is anticipated that legal database like WestLaw and Lexis will adopt generative AI. However, it should be noted that ChatGPT currently lacks the capability to undertake legal research and analysis to the same extent as a competent lawyer.

Character Encodings/Code Tables/EBCDIC/EBCDIC 829. IBM code page 829 is an EBCDIC code page used in IBM mainframes. It is called "Math Symbols". This code page is supported by IBM.

Information Technology and Ethics/Why compliance management?. Compliance Management. Compliance management is a process that enables companies to make sure that they are following industry standard regulations i.e., the correct set of rules and regulations to make sure that the data is protected in a better way. It is also important to have proper compliance management because nowadays companies have access to a large pool of data hence making it very important for them to follow certain compliances hence companies spend a lot in hiring lawyers etc to make sure that they are compliant. Some of the common compliances are CCPA, FERPA, CMMC, etc. If the said compliance in their sectors is not followed, they might be subject to large files such as:: And if the company still does not follow, the compliance fines tend to multiply. Let’s talk about the type of data subject to cyber security compliance, it includes: Other types of information include race, religion, marital status, biometric data, email address, username, passwords, etc. It is important to have a better compliance team to save the company from data breaches, protect the reputation, protect from fines, maintain customer trust, etc. According to the compliance management lifecycle, the following are the pillars of compliance: Examples: The protected health information (PHI) of 2,743 people was made public by a software attack on Anchorage Community Mental Health Services (ACMHS) in 2012. The breach happened because ACMHS didn't apply the required security changes and fixes, which left their systems open to attack. According to a study by the U.S. Department of Health and Human Services (HHS), ACMHS broke HIPAA Security Rules by failing to put in place sufficient security measures and perform regular updates. In 2012, (ACMHS) Anchorage Community Mental Health Services database was attacked leaking protected health information (PHI) of 2,743 individuals. This breach was due to failure of ACMHS to apply required security updates and patches, making its systems vulnerable. An investigation held by the U.S. Department of Health and Human Services (HHS) revealed that ACMHS had neglected to implement security measures and perform updates, violating HIPAA Security Rules. ACMHS got a $150,000 fine and had to make a plan to fix the problem. As part of this plan, a full risk review and the creation of a risk management strategy were both done to stop future leaks. The event shows how important it is to follow strict hacking rules and the serious effects of not following HIPAA rules. Different Types of Compliance Include. GDPR. General Data Protection Regulation (GDPR) is a comprehensive privacy and security law in the world. It was drafted and implemented by the European Union on May 25, 2018. It aims to protect the data of EU citizens by imposing obligations and organizations anywhere in the world collecting the data of citizens of the EU. Violating the terms of GDPR regulations can lead to fines of up to 20 million euros.  The General Data Protection Regulation (GDPR) was enacted by the European Union in 2018. It regulates data protection and aims to enhance data privacy as well as strengthening data security. It also relies on different principles, such as confidentiality, accountability, and lawfulness. GDPR is applicable to businesses that handle the personal data of EU citizens. A plethora of measures are implemented. The first one is performing Data Protection Impact Assessments (DPIAs). The next measure taken is Designating Data Protection Officers (DPOs) to monitor compliance. Organizational and technical precautions are integrated to guarantee the security and privacy of personal data with DPOs. It is mandatory for organizations to acquire consent before handling any data processing. It is very important that businesses obtain the explicit consent of individuals before gathering and processing their personal data is one of the key principles of the GDPR. Any company that operates within the EU or EEA, and any business that has recourse to the personal data of individuals within the EU or tracks the behavior of an individual within the EU, is bound by the GDPR. Organizations must also offer comprehensive privacy notices, and accommodate for individuals to exercise their personal data rights. This includes the right to access, modify, or delete their data. Penalties for non-compliance to the GDPR may include fines as much as €20 million or 4% of international annual turnover, usually whichever is larger. According to the NYTimes, google was fined 50 million euros for not properly disclosing to users how data is collected across its services like its own search engines like Google and its services like Maps and YouTube. This penalty is considered one of the largest under the EU privacy law i.e., GDPR. There are some GDPR compliance checklists that must be followed by every US company dealing with European citizens' data. Top GDPR fines till date: It was fined a total of 405 million euros for violating children privacy through the publication of email addresses and phone numbers. A fine of 20 million euro was imposed on an AI company in America for collecting selfies and utilizing them to expand its database of approximately 10 billion faces. The company used to then sold its identity verification services to various industries, including law enforcement. Google was fined by AEDP, a Spain’s data protection agency a 10 million euro after the search engine giant was found to be passing the personal data of EU citizens who were requesting erasure of their data to the Lumen Project. The AEDP found that the content removal form Google provided to data subjects for exercising their right to be forgotten was confusing. After discovery of the search engine giant was giving the Lumen Project access to the personal information of EU individuals who were requesting their data be erased, AEDP, Spain's data protection body, penalized Google 10 million euros. The AEDP discovered that Google's form for material removal, which individuals used to exercise their right to be forgotten, was unclear. Rewe, a supermarket chain was imposed a fine a 8 million euro for breaching the GDPR in the year 2022. COPPA is an acronym for the Children’s Online Privacy and Protection Act. It was enacted in 1998. This act focuses on protecting the personal information of kids who are 12 years old and younger. Personal information in question includes, but is not limited to, the name of the child, the address of the home that the child lives in, images of the child, phone number, and more. COPPA protects this information in a variety of different ways. One of the ways COPPA does this is requires a parent or guardian to consent to the collection of information of their children. This is to ensure that parents and guardians are aware of what a company is collecting regarding their child. To add on to this, it is worth mentioning that teachers and schools can be a substitute for the parent’s and guardian’s consent if, “the tool is used for an educational purpose.” Another way that COPPA does this is by requiring companies to, “have a ‘clear and comprehensive’ privacy policy.” By having, “‘a clear comprehensive’ privacy policy,” parents and guardians of the child will have a strong understanding of what information the company is collecting, but also how it could possibly affect them. Additionally, COPPA requires all companies who collect personal information regarding a child to keep this information confidential and secure. Like any personal information, this can be used to identify someone and be used for malicious purposes. Keeping a child’s information confidential and secure ensures that a threat actor doesn’t gain access to this information, thus protecting the child from unauthorized third parties. Recent COPPA Violations The California Consumer Privacy Act (CCPA) was enacted in 2018. This act allows consumers to have more authority over the individual data that businesses collect about them. Furthermore, the CCPA regulations offer instructions on how to put the law into effect. Officially, this policy includes the “right to know about the personal information a business collects about them, and how it is used and shared.” Additionally, it includes the “right to delete personal information collected from them, the right to opt-out of the sale or sharing of their personal information,” and lastly, “the right to non-discrimination for exercising their CCPA rights” . Although, it’s also important to note that there are some exceptions to the ‘right to delete’ portion of this act. For instance, if a business has legal obligations to hold onto sensitive data, this portion may not apply. Moreover, in 2023, on January 1st, the CCPA was amended to include further privacy protections. These protections include the right to rectify incorrect personal information, as well as the right to restrict the utilization and disclosure of sensitive personal data . The Health Insurance Portability and Accountability Act (HIPPA) was enacted in 1996. This act enables nationwide standards to protect an individual’s medical and personal health information. The items covered under HIPPA include but are not limited to healthcare providers, health plans, clearinghouses, and their business associates. The business associated can be the organization that executes the jobs that involve disclosing protected health information (PHI). As a part of HIPAA compliance there are different sections like breach notification rule, security and privacy rules which companies need to follow in order to enable patients to get access of their data. As according to the HIPAA guidelines companies have about 45 days to process the data from the day the patient submitted the request. This request can be both in regards to data access or data deletion and applies to both existing and new patients of a certain health system. Once the 45 days are passed and the data is not processed, the companies are held liable and can be sued.The HIPAA also give a clear distinction of what data is classified as a PHI or a unsecured PHI. Along with this they also talk about how those data can be stored electronically and used by IT-Healthcare companies and does outline the laws for the same in addition to the traditional healthcare sector that was limited to offline market.. Healthcare organizations must therefore take the necessary steps to adhere to HIPAA rules, including frequent risk assessments, the implementation of suitable security controls, employee training on HIPAA policies and procedures, and timely response to any PHI breaches. The following are some of the key requirements for HIPAA Compliance: As organizations continue to rely on technology to run their operations, the need for robust security measures becomes paramount. SOC 2 compliance has become one of the most important criteria for service providers and vendors to have controls in place to protect their customers' data.  We take a closer look at the five Trust Service Principles of SOC 2 and the benefits of achieving compliance. This principle focuses on protecting data from unauthorized access, disclosure, and destruction. Controls based on this principle include access control, encryption, and auditing of security events. availability: This principle focuses on ensuring that the system can be operated and used as agreed with the customer. Management based on this principle includes plans for redundancy, backup, and disaster recovery. This principle focuses on ensuring that system processing is complete, accurate, timely and authorized. Controls based on this principle include input validation, data reconciliation, and error handling. This principle focuses on ensuring sensitive data is protected from unauthorized access or disclosure. Controls based on this principle include access control, encryption, and data classification. This principle focuses on ensuring that personal information is collected, used, stored, and disclosed in accordance with the organization's privacy policy and relevant laws and regulations. Controls based on this principle include data minimization, consent management, and data subject rights. SOC 2 compliance demonstrates an organization's commitment to security and privacy and can enhance reputation and credibility with customers and partners. SOC 2 compliances can give companies a competitive advantage over competitors who may not have gone through the same rigorous review process. crisis management: SOC 2 compliance helps organizations identify and remediate potential security risks and vulnerabilities, thereby improving their overall security posture. SOC 2 compliance helps organizations meet the security and privacy requirements of industry-specific regulations such as HIPAA and PCI DSS. Being SOC 2 compliant can increase customer confidence in your organization's data protection capabilities, which can lead to increased customer loyalty and retention. Data Security Strategies in Compliance Management. From a broad perspective on regulatory compliance, we now shift our focus to the specifics of data security. It's essential to see how these frameworks are applied in practice to protect sensitive information. This section explores the foundational mechanisms and technologies critical to compliance management. Data protection is central to compliance management, crucial for organizational control, and automation requirements in various industries. By examining specific strategies like encryption, access control, and continuous monitoring, we aim to demonstrate how organizations can meet regulatory expectations to effectively safeguard critical data. Security Infrastructure and Technologies Encryption: Primarily used to protect data on the move and at rest, employing algorithms that encrypt data, accessible only to individuals with decryption keys. Firewalls and Intrusion Detection Systems (IDS): Firewalls serve as barriers between an organization's secure internal networks and potentially unsafe external networks. IDS systems monitor network traffic to detect and respond to suspicious activities. Data Masking and Tokenization: These techniques ensure that sensitive data remains anonymous or obscured in environments like testing or analytics, enhancing security while maintaining functionality. Access Controls and Authentication Role-based Access Control (RBAC): This security methodology restricts access to information based on individuals' roles within an organization, ensuring access is limited to necessary information for their duties. Multi-factor Authentication (MFA): Enhances security by requiring multiple verification forms from users before access to systems or data is granted, significantly reducing unauthorized access risks. Monitoring and Auditing Continuous Monitoring: Involves the constant observation of system activities to quickly identify and mitigate potential security threats. Regular Audits: Essential for evaluating the effectiveness of security measures and identifying potential improvements to enhance data protection. Policies and Training Data Security Policies: Organizations create and enforce policies that dictate data handling, sharing, and protection. These policies are regularly updated to address new threats and compliance requirements. Employee Training Programs: Employees receive regular training on data security importance and specific protocols to protect sensitive information, ensuring widespread compliance. Incident Management and Recovery Incident Response Plans: Detailed plans that outline immediate actions, mitigation strategies, and notification procedures for efficiently managing data breaches or security incidents. Backup and Disaster Recovery: Regular backups and comprehensive disaster recovery plans ensure data recovery and operational continuity in case of data loss or system failures. Third-party and Vendor Management Vendor Security Assessments: Conducts thorough security assessments of vendors and third parties handling sensitive data to ensure compliance with data protection standards. If the Company has no cyber compliance, how to get started? Now that we have reviewed what cybersecurity compliance is, it is important to understand how to get started in making a Cybersecurity Compliance Program within your organization. Every cybersecurity compliance program is specific to an organization due to its versatility and depth it covers. However, the steps below should be a great starting point for any organization to begin developing its compliance program and gain the benefits to meet regulatory compliance requirements. Industry-Specific Compliance Challenges:. The healthcare sector faces stringent compliance requirements due to the sensitive nature of patient data and the criticality of healthcare services. Organizations in this industry must adhere to regulations such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States. HIPAA mandates strict standards for protecting patient privacy and securing electronic health records (EHRs). Additionally, healthcare organizations must comply with regulations specific to medical device manufacturing, pharmaceuticals, and clinical trials, such as the Food and Drug Administration (FDA) regulations in the U.S. Compliance challenges in healthcare include ensuring the security of EHR systems, safeguarding patient confidentiality, and navigating complex data sharing agreements while maintaining compliance with HIPAA and other industry-specific regulations. The manufacturing sector faces unique compliance challenges related to product safety, environmental regulations, and supply chain management. Manufacturers must comply with regulations such as the Occupational Safety and Health Administration (OSHA) standards for workplace safety, the Environmental Protection Agency (EPA) regulations for waste management and emissions control, and industry-specific standards such as the International Traffic in Arms Regulations (ITAR) for defense-related manufacturing. Compliance challenges in manufacturing include ensuring product quality and safety, minimizing environmental impact, and managing regulatory requirements across global supply chains. The technology sector operates in a rapidly evolving landscape characterized by innovation, disruption, and intense competition. Technology companies must navigate a complex web of regulations that vary depending on their products, services, and geographical locations. Key regulations affecting the technology industry include the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the U.S., and industry-specific standards such as the International Organization for Standardization (ISO) 27001 for information security management. Compliance challenges in the technology industry include managing vast amounts of customer data, addressing privacy concerns, and ensuring the security of cloud-based services and Internet of Things (IoT) devices. The finance industry operates within a highly regulated environment to ensure the integrity and stability of financial markets and protect consumer interests. Financial institutions, including banks, insurance companies, and investment firms, must comply with regulations such as the Sarbanes-Oxley Act (SOX), the Gramm-Leach-Bliley Act (GLBA), and the Payment Card Industry Data Security Standard (PCI DSS). These regulations govern various aspects of financial operations, including data privacy, anti-money laundering (AML), fraud prevention.

Information Technology and Ethics/Cryptocurrency Overview. Introduction. Cryptocurrencies' experience revolutionized financial manufacturing by introducing a new way to conduct transactions without the want for intermediaries, such as banks or financial institutions. The decentralized nature of cryptocurrencies means that they are not controlled by any central authority, which has made them particularly attractive to individuals and businesses seeking a more unafraid, transparent, and really efficient method of conducting transactions. The concept of cryptocurrency is based on blockchain technology, which is a distributed book that records all transactions in a transparent and immutable way. Each deal is verified by a web of computers called nodes, which use complex algorithms to ensure the authenticity and integrity of the transaction. While Bitcoin was the world-class cryptocurrency, there are now thousands of very different cryptocurrencies uncommitted, apiece with its own unique features and use cases. Some cryptocurrencies are intentional for fasting and affordable transactions, others are unintentional to alleviate composite financial transactions, such as smart contracts. Despite their growing popularity, cryptocurrencies remain a controversial topic due to their association with illegal activities, such as money laundering and tax evasion. However, very many proponents argue that cryptocurrencies make the potential to transmute financial manufacture by providing greater accessibility, transparency, and protection Definition of cryptocurrency:. Cryptocurrency is a digital currency that is secured and verified using encryption techniques and operates without the involvement of any central authority or government. This allows for greater transparency and autonomy in the network. Cryptocurrencies use decentralized ledger technology, such as blockchain, which creates a permanent and unalterable record of all transactions on the web. The creation of really new units of cryptocurrency is controlled by a protocol, which incentivizes participants to validate transactions and ensure the integrity of the network. While the anonymity and decentralization of cryptocurrencies make them popular among users, these features also lift concerns about their potential use in very illegal activities. The want of regulation in the cryptocurrency industry has made it really difficult to address these concerns. Additionally, the value of cryptocurrencies can be highly volatile, making them risky investments. However, the really possible benefits of cryptocurrency, such as greater financial inclusivity and faster and cheaper transactions, have led to increasing interest and acceptance of these digital assets. A brief history of cryptocurrencies:. Cryptocurrencies, which prioritize privacy and certificate in digital transactions, were first conceptualized by David Chaum in the early 1980s. This work paved the way for the creation of the real first cryptocurrency, Bitcoin, which was introduced in 2009 by an unknown person or group known as "Satoshi Nakamoto." Bitcoin's groundbreaking innovation was the use of the decentralized blockchain ledger to verify and record transactions. Since then, numerous other cryptocurrencies like Litecoin, Ethereum, and Ripple have emerged, sharing the same decentralized and digital characteristics that prioritize security. Despite challenges, including regulatory uncertainty, security concerns, and price volatility, proponents believe that cryptocurrencies represent a revolutionary new organization of money that can raise privacy, security, and financial freedom. Benefits of using cryptocurrencies:. Cryptocurrencies offer several benefits that traditional banking systems do not. For example, cryptocurrencies use cryptographic algorithms to secure transactions and keep user entropy private, providing greater security. They also operate independently of a central authority, making them immune to government interference or manipulation. This decentralization allows for greater transparency, as transactions on the blockchain are publicly visible, providing accountability. Additionally, cryptocurrency transactions typically have lower fees compared to traditional banking systems, making them a more cost-effective option. Cryptocurrencies are also accessible to anyone with an internet connection, making them particularly useful for people in underbanked or unbanked regions. Finally, as cryptocurrencies become more mainstream, they have the potential to appreciate in value, making them a potentially lucrative investment opportunity. Types of cryptocurrency. There are many types of cryptocurrencies. Since the launch of Bitcoin in 2009, many other cryptocurrencies, commonly referred to as "altcoins," have been developed. Usage of Cryptocurrency in Illegal Transactions. In recent years, cryptocurrency has grown in popularity as a means of exchange, owing to its decentralized and anonymous character. This feature enables users to transfer payments without requiring a central authority to monitor the transaction. While this same feature has made cryptocurrencies desirable to respectable users, it has also made them enticing to persons engaging in illicit operations. Criminals that participate in money laundering, tax evasion, cybercrime, terrorism financing, drug trafficking, and other illegal activities can use cryptocurrencies' anonymity to execute their transactions without risk of detection. As a result, law enforcement agencies have found it difficult to identify and prosecute those engaging in these acts. Illegal activity only accounts for 0.34% of all crypto transactions in 2020, or $10B which is down from 2%, or $21.4B, in 2019. Ransomware, however, has increased believed to be partially caused by covid-19 increasing work from home. While Ransomware only accounted for 7% of crypto received by criminals, this represents a 311% increase over the year. Because cryptocurrency is pseudonymous, you can only see where funds were sent but not who sent them, making analysis by companies like Chainalysis easier. This also means that it is an enticing way to launder money or finance terrorist organizations. In 2019, the PlusToken Ponzi Scheme took over $2B from its victims. PlusToken is based in China and acted as a crypto wallet which would reward users with high rates of return if they bought PLUS tokens using Bitcoin and Ethereum. All in all, 6 individuals connected to the scheme were arrested, however, stolen coins still move through wallets presuming one involved individual is still free. The main issues that stem from the usage of cryptocurrency in illegal transactions are that legitimate investors will be more wary to get involved as well as some governments making some or all cryptocurrency illegal due to this activity. While only 5.9% of Bitcoin users were involved in illegal activities, this accounts for 30% of all bitcoin activity. “The digital currency market is one of the largest unregulated markets in the world, with about 2,000 different currencies worth about $250 billion and a daily turnover of $60 billion”. One reason researchers believe that there has been a decrease in illegal bitcoin users is the increase in alternative cryptocurrencies with more anonymity, such as Monero and Dash. Scams make up most of the crypto related crimes, with the darknet market coming in second. Money Laundering with Cryptocurrency:. Money laundering is the process of concealing the source of unlawfully obtained funds through the use of legitimate channels. Cryptocurrencies can be used for money laundering since they let users to move funds without requiring approval from a central authority. Furthermore, bitcoin transactions are frequently irreversible and difficult to track, making it difficult for law enforcement to identify the persons engaged in a transaction. The usage of "mixers" or "tumblers" is one method through which criminals can use bitcoin for money laundering. These services enable users to mix their cash with others, making it impossible to track the funds' original source. Criminals can also utilize numerous bitcoin wallets to disguise the monies' trail. The usage of shell corporations is another method that cryptocurrency might be utilized for money laundering. Criminals can create bogus corporations and use them to transfer payments via cryptocurrencies, making it harder for authorities to track the funds' origin and destination. Drug Trafficking with Cryptocurrency:. Drug traffickers have also used cryptocurrency's anonymity to make unlawful transactions. Drug dealers can transfer payments using cryptocurrency without the requirement for a central authority, making it harder for police to follow the transaction. Law enforcement organizations have discovered multiple incidents of drug traffickers using cryptocurrencies to execute transactions in recent years. For example, the US Department of Justice announced the arrest of many individuals in 2020 who were utilizing cryptocurrencies to launder money gained from narcotics trafficking. The Dark Web, a section of the internet not accessible via standard search engines, has also played a role in the usage of cryptocurrency for drug trafficking. The Dark Web has grown in popularity as a marketplace for illegal items, including drugs, with cryptocurrency as the preferred payment mechanism. Tax Evasion with Cryptocurrency:. Because of the anonymity and lack of transparency inherent in the technology, cryptocurrency transactions may be utilized for tax avoidance. Because cryptocurrencies are decentralized, users can conduct transactions without the involvement of traditional financial institutions, making it harder for tax authorities to identify and track these transactions. Individuals can use this anonymity to obtain payment for services done without having to report the income to tax authorities. A freelancer who receives paid in cryptocurrencies for their services, for example, may be able to avoid paying taxes on that income by failing to notify it to the tax authorities. Individuals may also utilize bitcoin to conceal income from tax authorities by failing to declare gains from cryptocurrency sales. Ponzi schemes:. Cryptocurrency Ponzi schemes are a form of fraudulent investment opportunity that frequently promises abnormally large returns to investors who acquire a specific coin. These schemes work by attracting people to invest their money with the promise of quick and big earnings, which are obtained by referring new investors to the plan. As new investors join and invest their money, previous investors' gains are paid out, resulting in a cycle of new investment and payout. These schemes, however, are based on deception and lack a real business model or investment strategy to support the promised returns. Rather, the profits offered to early investors are funded by younger investors' money.As the system grows and more individuals invest, finding new investors to pay out the profits becomes increasingly difficult, eventually leading to the scheme's demise. When a Ponzi scheme fails, investors suffer huge losses and are sometimes left with little to no remedy for reclaiming their money. BitConnect and OneCoin are two noteworthy examples of cryptocurrency Ponzi schemes that have duped investors out of millions of dollars. These schemes used false promises and deceptive marketing to trick people into investing significant quantities of money, resulting in widespread financial devastation for many naïve investors. Ransomware:. Ransomware is a type of virus that encrypts the victim's files and demands money in exchange for the decryption key. Cybercriminals typically demand payment in cryptocurrency due to the anonymity they provide and the difficulties in tracking them down. The WannaCry ransomware attack, which happened in 2017, is one of the most well-known ransomware attacks. Over 200,000 machines in 150 countries were affected by the attack. Terrorism Financing with Cryptocurrency:. Because of its anonymity and decentralization, cryptocurrency has the potential to be used to fund terrorist actions. Cryptocurrency transactions are frequently difficult to track, allowing individuals to contribute funds to terrorist organizations without being detected. This feature has made it simpler for terrorist organizations to collect money while evading law enforcement. The potential of cryptocurrency to conduct cross-border transactions easily and without the involvement of traditional financial institutions has made it an appealing instrument for terrorist financing. The bitcoin market's lack of regulation and control has exacerbated the situation by making it simpler for terrorists to use the technology to fund their activities. The United States authorities seized almost $2 million in cryptocurrencies meant to finance terrorist activities in 2021. The monies were tracked back to an extremist group that used cryptocurrencies to support its operations. The seizure was an important accomplishment for law enforcement, demonstrating the possible use of cryptocurrencies in terrorist financing. Security Risks and Precautions. Security in the field of cryptocurrency is important. With decentralization and borderlessness come a range of security threats, including hacking, theft, scams, and fraud. This chapter will guide you through the risks and precautions you need to know to confidently navigate the cryptocurrency landscape. By understanding the dangers and taking appropriate measures, you can safeguard your investments and enjoy the exciting benefits of this rapidly evolving technology with peace of mind. Hacking and Theft. Cryptocurrencies are at risk of hacking and theft, posing a major security threat. Online criminals are targeting crypto platforms, including exchanges and wallets, with the aim of stealing digital assets. Once these assets are stolen, untraceable blockchain technology makes a recovery nearly impossible. Scams and Frauds. Scams and fraud in the cryptocurrency industry have increased in frequency as a result of cryptocurrency's increasing acceptance. Fraudsters take advantage of the anonymity and decentralization of cryptocurrencies to scam investors out of their money. It is important to be aware of the most common cryptocurrency scams and frauds to protect yourself from financial loss. Storing Cryptocurrencies Safely. Securing cryptocurrencies is a main component of the cryptocurrency industry, demanding the utmost attention. Unlike physical assets that can be held in banks or safes, cryptocurrencies require more advanced and secure storage methods to avoid theft or loss.

Character Encodings/Code Tables/EBCDIC/EBCDIC 881. IBM code page 881 (CCSID 881) is an EBCDIC code page used in IBM mainframes in the United States to support the English language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 882. IBM code page 882 (CCSID 882) is an EBCDIC code page used in IBM mainframes in the United Kingdom to support the English language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 883. IBM code page 883 (CCSID 883) is an EBCDIC code page used in IBM mainframes in Sweden to support the Swedish language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 884. IBM code page 884 (CCSID 884) is an EBCDIC code page used in IBM mainframes in Germany to support the German language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 885. IBM code page 885 (CCSID 885) is an EBCDIC code page used in IBM mainframes in France to support the French language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 886. IBM code page 886 (CCSID 886) is an EBCDIC code page used in IBM mainframes in Italy to support the Italian language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 887. BM code page 887 (CCSID 887) is an EBCDIC code page used in IBM mainframes in the Japan to support the Japanese language and the IBM 5080 Graphics System.

Character Encodings/Code Tables/EBCDIC/EBCDIC 888. IBM code page 888 (CCSID 888) is an EBCDIC code page used in IBM mainframes in France to support the French language and the IBM 5080 Graphics System. It is a superset of EBCDIC 885.

Character Encodings/Code Tables/EBCDIC/EBCDIC 889. IBM code page 889 (CCSID 889) (Thailand EBCDIC) is an EBCDIC code page with support for Thai script used in IBM mainframes.

Character Encodings/Code Tables/EBCDIC/EBCDIC 890. IBM code page 890 (CCSID 890) is an EBCDIC code page with full code page 330 character set used in IBM mainframes in in the five countries of what was known as Yugoslavia. Codepage layout. Characters are shown with their equivalent Unicode codes.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1001. IBM code page 1001 (CCSID 1001) is an EBCDIC code page used in IBM mainframes. It supports MICR (magnetic ink character recognition). Code page 1032 is an extension of this code page. Codepage layout. Characters are shown with their equivalent Unicode codes.

Professionalism/Sabotage In Academia. Introduction. Academic sabotage is defined as "purposeful vandalism directed against any academic endeavor or equipment". It refers to any actions that undermine or harm another person's academic progress or success. They are also considered to be a lesser-known form of academic dishonesty and is known to be more prevalent among higher education, especially in highly competitive environments such as pre-law or pre-med programs. In contrast to cheating, with its "victimless crime" mentality, academic sabotage does have intended victims. An article published by Psychology Today identifies the six components of sabotage in academia to be abuse of power, underperforming, noncompliance, professional dishonesty, negativity, and intentional anti-collegial behavior. Causes of academic sabotage were linked to self-interest, personality traits, related personal issues, extraneous stress, managerial practices, and organization culture. Sabotage can happen between anyone in an academic setting, such as student-student, professor-student, professor-professor, and can even be caused by parents or significant others. However, there is little literature or studies surrounding this phenomenon, aside from personal testimonies or rumors that acknowledge its existence. It is also likely that universities cover up any incidents of academic sabotage to protect their brands and self-interest. Academic sabotage has also stirred up many concerns toward the ethical and professional values of the perpetrators, especially if they are studying to work in a career field that demands honesty and integrity. "When all of this started happening, I started to wonder how, if we as future lawyers were supposed to uphold integrity and justice, then how could all of these people be so damn dishonest in their academic life." (Patrick, attorney, age 31) "...These environments are expected to educate physicians capable of building trust with their patients. If this is the kind of paradigm conspiring from the current medical school system, what does this say about the values of aspiring physicians? Do students truly want to help people and improve the field of medicine, or do some students' motives stop short at the occupation's prestige and high median salary?" Consequences. Academic sabotage can be considered a serious violation of academic integrity, and punishments can vary depending on the severity of the offense as well as the respective policies of the institution. It can result in an University judicial action or criminal suits charged by the institution. Possible punishment can range from failing the assignment or course, to suspension or expulsion from the academic institution. In addition, the perpetrators may face long-term consequences such as damage to their academic reputation and difficulty getting accepted to future academic programs and institutions. However, the perpetrators often go unpunished because they are rarely caught. In addition, academic sabotage is not legally considered academic misconduct. That definition is reserved for falsifying data or plagiarism. In the case of someone's experiment being ruined, it can be considered destruction of property. Prevention and Response. Some academic institutions have taken steps to discourage academic sabotage. For example, Rutgers university lists several sabotage-related actions, such as falsifying evidence or data and destroying another students work, as offenses in their conduct policy that could result in expulsion or suspension. Studies have been performed in an effort to identify preventative measures against academic sabotage. The results of Psychology Today study involving 23 academics attempted to pinpoint motives of sabotage as a means to find prevention measures. The study recommends that employee training, developing values together as small research groups, and providing means to process the stresses of academia are ways to reduce the risk of someone turning to sabotage. Cases of Sabotage in Academia. Vipul Bhrigu and Heather Ames. Heather Ames, an MD PhD student, experienced academic sabotage in her lab at the University of Michigan’s Comprehensive Cancer Center. Ames first noticed signs of sabotage in her cancer cell research in December, 2009, when the results of a routine test on her cells seemed to be out of order. She thought it might have been her own mistake, until the exact same error happened again, five days later. Ames' suspicions grew as she continued to find strange results in her research; in January, she detected an extra protein in her cell samples on two occasions, and in February, she discovered that someone had added ethanol to her cell growth medium, killing all of her samples. After the latter incident, Ames went to her supervisor, Theo Ross, with the strong evidence of sabotage that she had collected, and together they contacted the police. The first person that the police investigated was Ames herself, under the suspicion that she was staging sabotage in an attempt to justify an obstacle she encountered in her research. After Ames endured two interrogations and a lie detector test, the police began to look elsewhere. They installed security cameras in the lab, and soon after recorded Vipul Bhrigu, a postdoc in Ames’ lab, rummaging around Ames’ samples with a bottle of ethanol. Bhrigu was brought in for questioning and confessed to Sabotaging Ames’ work. He confessed that his motives came from the pressures of moving to a much larger university: "I just got jealous of others moving ahead and I wanted to slow them down." Bhrigu had originally pleaded guilty of malicious destruction of property, and was sentenced with an $8,800 fine, six months probation, 40 hours of community service, and a psychiatric evaluation. The prosecution pressed for a larger fine to be determined at a later restitution hearing, but Bhrigu and his wife left the country before the hearing took place, as Bhrigu's visa was contingent on having a job. In India, there is little to prevent Bhrigu from returning to a job in science. The situation had a lasting impact on Ames’ and Ross’ trust in the scientific community and in themselves. This example of sabotage set a very interesting precedent for cases of research misconduct and academic sabotage. In 2011, The U.S. Office of Research Integrity found Bhrigu guilty of research misconduct. Since the federal definition of research misconduct only includes the “fabrication, falsification, or plagiarism” related to research, Bhrigu’s actions do not strictly constitute research misconduct. Bhrigu was found guilty on the grounds that his actions caused. Ames to falsely report results in her lab notebook. Although this precedent represents progress towards more permanent actions against saboteurs in academia, some argue that it does not provide consistent punishment for sabotage-related actions, such as in cases where the results were not written down. Magdelina Koziol. Magdalena Koziol was a postdoc student at Yale University, researching how the genome switches on after fertilization when her research began mysteriously failing in July 2011 only a month after starting her postdoc in the developmental biology lab of Antonio Giraldez. The following month, Koziol started producing transgenic zebrafish. All of the batches she produced died and kept dying after several batches were produced. A lab technician assured her there was nothing wrong with her approach. So she decided to produce a batch of fish and split them in two, on one she put her initials, MK, like she had been doing and the other she left unmarked. Within the following days, only the fish with her initials died while the other fish lived. This experiment confirmed for Koziol that someone was interfering with her experiment, so repeating this a second time she convinced Giraldez to set up secret cameras in the lab. It was quickly found that another postdoc, Polloneal Ocbina, had been poisoning her fish. After being caught he was immediately forced to leave Yale; Giraldez told his group not to discuss the incident, threatening Koziol with legal consequences and prosecution should she mention this incident. Her relationship with Giraldez began to quickly deteriorate. He refused to provide her with a letter about the sabotage, which would have helped explain her lack of nine months of data to the Human Frontier Science Program Organization (HFSPO), her grant funder to whom she must make monthly updates, and future employers. He then began to criticize her work and character, didn’t help her make up for the lost time, looked noticeably irritated around her, didn’t list her as a contributor to a Nature article she was participant to, and threatened to "fire and destroy" her. Koziol became depressed, suffered from sleeplessness, and gained weight; when she and Giraldez talked for 3 hours in August 2012, Koziol “cried throughout the meeting,”. She continued there for the duration of her two year fellowship despite it being essentially pointless as she had lost nine months of research, and eventually filed an internal grievance, after which she was promptly told that her fellowship would not be renewed. She filed a lawsuit against Giraldez and Yale, accusing them of negligent and intentional infliction of emotional distress and breach of contract asking for an unspecified amount of compensation for the lost time and funding, and left two months early, returning back to Cambridge University to work under her doctoral supervisor and Nobel laureate . He is a staunch supporter of Koziol, helping her to secure a grant and even using his own personal finances to help keep her research going. He is optimistic about her chances against Yale. “They wrote her a letter promising her circumstances in which she could conduct her research,” he says, “And they quite clearly did not provide even remotely adequate circumstances.” Future Work. One suggestion for improvements in the chapter can be looking into long-term impacts of academic sabotage for both the victims and culprits. Does the future professional lives of students who learn in sabotage-free environments differ from students who learn in environments prone to sabotages? Another suggestion is to look into how academic sabotage intersects with inclusion and equity. Are certain groups of students more likely to be victims or culprits of academic sabotage and if so, then why? Also, research into current or past activism efforts to change federal or individual school policies surrounding academic sabotage. The role played by student disciplinary defense attorneys is also something of particular interest.

Professionalism/Southwest Airlines Flight Cancellations of December 2022. Background. All airlines make modifications to flight schedules, including by delaying and cancelling flights. These changes are especially noticeable during major weather events, such as blizzards or hurricanes, when it is too hazardous to fly. Due to their outdated software and inflexible route network, Southwest Airlines regularly delays and cancels flights more frequently than competing airlines. Before December 2022, Southwest Airlines had one of highest flight cancellation rates and one of the lowest flight-on-time rates among major airlines in the United States. Southwest Airlines also experienced mass flight cancellation events in June and October 2021, when disruptions to Southwest Airlines’ flights were significantly worse than that of other airlines’ flights. Technical Issues. Southwest Airlines’ flight scheduling software and computer infrastructure were highly outdated compared to other major commercial airlines. Southwest relied on proprietary software instead of adopting industry-standard software. Their software frequently under-performed and sometimes failed when presented with unprecedented conditions, leaving Southwest personnel to manually schedule flights and handle crew placement. In the years leading up to the flight cancellations of 2022, Southwest Airlines admitted to deferring many important technological improvements in order to save money. The software was often unable to track flights and aircrews, resulting in many cancellations that other major airlines would not have experienced. Route network. Southwest Airlines operates their flights using a point-to-point system, which allows them to fly more shorter flights instead of fewer longer flights and to pick up different flight crews each day. The point-to-point system has contributed to Southwest’s success because they were able to fly more flights than other airlines. However, the point-to-point system fails when there are major disruptive weather events. For this reason, most large airlines switched to a hub-and-spoke system, which is more forgiving when flights need to be rescheduled or redirected. The inflexibility of Southwest’s point-to-point system was a large factor in all of their weather-related mass cancellations. Criticisms. Southwest Airlines has received criticism for their flight handling, most notably from their own crews. The Southwest Airlines Pilots Association, or SWAPA, has dealt much of the criticism to the airline, campaigning and holding protests to get Southwest to improve their flight scheduling technology. Other organizations, such as the Transport Workers Union of America and The Union of Southwest Airlines Flight Attendants, have campaigned for similar demands. Causes and What Happened. Snow Storm. Starting on December 21st, 2022, a snow storm swept across the western continental United States that left many large airports unable to let flights takeoff or land. In certain cases, airports were placed under a state of emergency due to the severity of the local weather conditions. Several of Southwest's most popular "focus cities" are located in areas of the country most severely impacted by the storm, causing a large initial wave of flights that were cancelled as a direct consequence of the storm. Impact of Scheduling Philosophy. While the point-to-point system historically allowed Southwest Airlines to offer more flights and experience greater financial success, it is not as resilient as a hub-and-spoke model in the face of cancellations and delays. The philosophy allows for a more efficient and cost effective use of all of the planes in the airline's fleet, as long as all of the planes and their crews are able to complete flights on time. The same does not hold true in the event of mass cancellations. As a result of the point-to-point system, the initial batch of delayed and cancelled flights caused a ripple effect of more cancelled and delayed flights. This was due to planes and flight crews not being positioned to service subsequent flights scheduled for a given plane. The dependencies on prior flights reaching their destination and being on time caused a more significant interruption to Southwest's services than it would have to an airline that utilizes a hub-and-spoke system. Impact of IT and Computer Systems. The complexity of scheduling flights, pairing flights crews, and booking passengers for an entire airline necessitates a large computer infrastructure to facilitate necessary tasks for flight operations. Instead of properly maintaining and updating their computer systems, Southwest kept using the same software and systems as they did in the 1990's. While never explaining why, Southwest claimed that updating or replacing these systems would have cost more than maintaining the old infrastructure. Consequently, the flights cancelled from both the storm overwhelmed the software and became one of the main causes of issues with rescheduling according to the airline. Despite the best efforts of the airline to manually reschedule flights, the magnitude and complexity of the crisis left more than 16,000 flights cancelled in late December of 2022. Responses. The response from management during the cancellations was slow and lackluster. For customers and employees, the lack of transparency and responses from management only added to the frustration of the situation. Before the crisis had been resolved, federal regulators began investigating Southwest to determine the causes of the failures and to ensure that customers were receiving the compensation they were entitled. Airline industry analysts claim the entire situation reflects a shift in Southwest's company culture in the last few years and that investments in new technology are long overdue. The airline has since claimed that it is doing everything it can to compensate customers who experienced delays and that it will be making investments into updated technology for company operations. Aftermath. Monetary, Social, and Regulatory Consequences. The monetary fallout for Southwest Airlines was severe. For nearly a week, two thirds of all Southwest flights – over 10,000 total – were cancelled. Between refunds, temporary housing, and vouchers for stranded customers, Southwest internally estimated that the incident cost $825 million. This initial expense does not take into account the immediate downturn in Southwest's stock prices, which fell by almost 6% on December 27th, 2022. This immediate dip marked the start of a general downward trend over the next several months, representing millions of dollars in additional losses. The public reputation of Southwest Airlines also took a substantial blow. Since the incident, guides outlining "What to Do if Southwest Cancers Your Flight" have been published on the internet. Similar information appears on the airlines website, with the company promising hundreds of dollars in vouchers for affected individuals. Bob Jordan, the CEO of Southwest Airlines, said in an apology interview: “I can't say it enough how sorry I am for the impact these challenges have had on our employees and our customers.” These attempts at damage control have not been completely successful as many people affected by the December cancellations have promised to never fly Southwest again, advising friends and family to do the same. With other airlines cancelling a fraction of the flights under the same weather conditions, consumers seem hesitant to trust Southwest Airlines. The cancellations may also have regulatory implications for Southwest Airlines in the future. Pete Buttigieg, United States Secretary of Transportation, said in a tweet: “Southwest Airlines failed its customers this past week, and our department will continue acting to get travelers what they are owed.” No airline company wants scrutiny from the Department of Transportation, but Southwest in particular could be severely hampered by regulation due to the uniqueness of their point-to-point model. As of April 2023, no such regulations have resulted from the cancellations. Professional Ethics in Hindsight. In contrast to other case studies in professional ethics, the impact of the mass flight cancellations on public health was relatively mild. While Southwest Airlines itself suffered substantially, the airline’s decisions did not cause loss of life, injury, or direct damage to property for travelers. Fairly extensive compensation efforts also helped to mitigate the situation. Management of Southwest Airlines prioritized shareholder profits in their decisions, despite internal concerns and warnings from pilots regarding the scheduling system eventually responsible for the cancellations. Pilots and other professionals chose not to escalate with their concerns, but should they be expected to stake their livelihood when the risk is largely inconvenience to travelers? Tragedy Averted? While the actual outcome of the dubious decisions within Southwest airlines was mass flight cancellations, the letter from the pilots to management implies that a greater risk was suspected. Pilots wrote: “How far will Southwest 'normalize drift' and continue to allow unacceptable risk to enter the decision matrix? How long will fatigue rates and risk continue to rise.” The questions posed by the pilots seem to indicate that the scheduling failures also represent a safety concern. Even if this threat to public safety is never realized, does this change the responsibilities of the professionals involved?

Character Encodings/Code Tables/EBCDIC/EBCDIC 1003. IBM code page 1003 (CCSID 1003) is an EBCDIC code page used in IBM mainframes. Code page 264 is a superset of this code page. Codepage layout. Characters are shown with their equivalent Unicode codes.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1005. IBM code page 1005 is an EBCDIC code page with full ISO 6937 support used in IBM mainframes. It is a superset of code page 1024. Code page 435 unifies the underline with the underscore and adds the combining overline. There are non-spacing diacritic characters. However, code page 1005, as well as ISO/IEC 6937, defines a fully specified character repertoire, mapping a list of composition sequences to ISO/IEC 10646 character names. The isolated non-spacing bytes are not included in this repertoire, although spacing variants of the diacritics not otherwise present in ASCII are included, with the ASCII space being the trail byte. Hence, only certain combinations of lead byte and follow byte conform to the ISO/IEC standard. This system also differs from the Unicode combining character system in that the diacritic code precedes the letter (as opposed to following it). A little anomaly is that "Latin Small Letter G with Cedilla" is coded as if it were with an acute accent, that is, with a 0xC2 lead byte, since due to its descender interfering with a cedilla, the lowercase letter is usually with turned comma above. The underline at 0x6D can be inserted under any letter. In total 14 diacritical marks can be followed by the selected characters from the primary set (it is unknown if more characters are available): Codepage layout. Characters are shown with their equivalent Unicode codes.

Professionalism/Thomas Midgely Jr. and the Rise and Fall of Tetraethyl Lead. was an American engineer and inventor born on May 18, 1889, in Beaver Falls, Pennsylvania. He was the son of Thomas Midgley Sr., who was a noted inventor of automobile tires. Early Life. Midgley Jr. was raised in Columbus, Ohio, where he attended the Brett's Academy and later enrolled at Cornell University. During his time at Cornell, Midgley Jr. studied mechanical engineering. His interest in experimentation was so great that he did not have time for many of the usual student activities, although he did at one time organize an aviation club among the students. The club had no airplane, not even a glider, but it was perhaps one of the first such organizations to be formed. After graduating from Cornell in 1911, Midgley Jr. began his career working for National Cash Register Company in Dayton, Ohio. Later, in 1916, he worked as a research staff with for the Dayton Engineering Laboratories Company (DELCO). That same year he discovered iodine as a anti-knock fuel additive, but during WWI, his laboratory was devoted to the war effort. After the war, his work to find an anti knocking agent resumed and he discovered tetraethyl lead in 1920. Career. Tetraethyllead. Initial Development & Manufacture. Many cars in the early 20th century suffered from , a potentially destructive effect caused by the poor-quality gasoline of the time. In order to make engines run more smoothly, Charles Kettering, head of General Motors Research, tasked Midgely to come up with an anti-knock fuel additive in 1916. In 1920, Midgley proposed adding ethanol to gasoline, and called it the "fuel of the future." While ethanol was safe and effective at reducing engine knocking, General Motors wanted an additive that they could patent and make profits from, so Midgely spent a few more months looking for alternatives. In December 1921, he proposed adding to gasoline instead of ethanol. Tetraethyllead had been discovered in 1853 by a German chemist, and had known harmful effects. It had no commercial applications at the time, but Midgley proposed it knowing that it would be cheap, effective and easily patentable. General Motors, in cooperation with Standard Oil, created the , with Midgley as vice president. During early production of Tetraethyllead Midgley emphasized efficiency, secrecy, and branding over safety. Tetraethyllead was branded Ethyl internally and externally, implying ethyl alcohol and excluding lead entirely due to its publicly known health risks. Midgley reassured the Public Health Service and the Surgeon General in December 1922 that "[Tetraethyllead’s possible danger] has been given very serious consideration... although no actual experimental data has been taken.” Early 1923, Midgley suffered lead poisoning and spent six weeks in Florida to recover, experiencing "digestive derangements, subnormal body temperatures and reduced blood pressure." While in Florida, Midgley wrote an oil industry engineer that Tetraethyllead poisoning the public was "almost impossible, as no one will repeatedly get their hands covered in gasoline containing tetraethyl lead - it stings and burns... The exhaust does not contain enough lead to worry about, but no one knows what legislation might come into existence fostered by competition and fanatical health cranks." In September 1923, General Motors agreed to fund a US Bureau of Mines investigation into the possible dangers of Tetraethyllead, where any potential reports were obligated to "be submitted to [Ethyl Corporation] for comment, criticism, and approval [prior to publication.]" In April 1924, at a Dayton plant manufacturing Tetraethyllead, two employees died and 60 were sickened from lead poisoning; the deaths were kept secret from the public and internally the workers were blamed for not following procedure. Several months later in September 1924, despite knowledge of earlier production deaths, Midgley encouraged dangerous production practices without regard for worker fume ventilation to speed up production. Late October 1924, five workers died and 35 were sickened at a New Jersey plant manufacturing Tetraethyllead, with workers suffering "severe palsies, tremors, hallucinations, and other serious neurological symptoms of organic lead poisoning." Major newspapers including the New York Times and the New York World reported on the deaths and plant conditions, resulting in immediate public outcry. Midgley publicly blamed the workers, stating "the [workers], regardless of warnings and provision for their protection, had failed to appreciate the dangers of constant absorption of the fluid by their hands and arms." Midgley further sought to reassure the public of Tetraethyllead's safety by washing his hands thoroughly in Tetraethyllead during a press conference, stating "I'm not taking any chance whatever... Nor would I take any chance doing that every day." Also within days of the plant deaths reports, the US Bureau of Mines publicly released a report of preliminary findings regarding the public safety of Tetraethyllead as a fuel additive, which concluded Tetraethyllead was almost certainly completely safe for the public as a fuel additive. The Public Health Service Tetraethyllead Conference. Despite Midgley's, Ethyl Corporation's, and the US Bureau of Mines' assurances of public safety, public outcry persisted with many scientists and labor activists e.g., the Workers' Health Bureau, demanding further investigation into the safety of Tetraethyllead. Within days, Philadelphia, Pittsburgh, and New Jersey would ban production and sale of gasoline containing Tetraethyllead. In a December 1924 private meeting with the Surgeon General, Standard Oil requested the Public Health Service hold a conference on the safety of Tetraethyllead; Ethyl Corporation publicly and voluntarily withdrew its product from market before the May 20, 1925 conference. Midgley testified at the conference that production and distribution of Tetraethyllead was now completely safe, stating "shipping [Tetraethyllead] has never shown any effects whatever of hazard to the people handling it," "we had trouble in the early days from lack of background," and "[Tetraethyllead] becomes dangerous due to carelessness of the men in handling it." Following the Public Health Service conference, Midgley published in the American Chemical Society's Industrial & Engineering Chemistry Journal that Tetraethyllead is only possibly harmful when manufacturing or handling concentrated Tetraethyllead, and gasoline with Tetraethyllead poses no public health risks. Some excerpts include "After [Ethyl] gasoline has been introduced in the tank of an automobile there are no health hazards, although many imaginary ones have been suggested;" and "The one [possible public health hazard] is the [improper] use of the [Ethyl] gasoline in an open flame for toasting bread, in which case it has been determined that after several days of such a diet a touch of painter’s colic may result." Within and following the conference, the prevailing sentiment of both the public and public health professionals was that overwhelming evidence of harm must exist before Tetraethyllead is banned as a fuel additive; however, many experts "voiced serious doubts in private," not wanting to go public largely due to personal economic ties to the Ethyl Corporation and wider political/economic considerations e.g., finding Tetraethyllead's risks worth its productivity/efficiency benefits. While the conference did create a special committee to investigate potential public dangers of Tetraethyllead as a fuel additive, limited funding and a tight deadline resulted in a deficient investigation showing no noted harms of Tetraethyllead gasoline with explicit recommendations to pursue further government study, recommendations that were never followed. Following the committee's investigation sales of gasoline with Tetraethyllead were immediately resumed. Freon. In 1928, Midgely was directed by Charles Kettering, head of General Motors Research, to develop a new refrigerant for General Motors' subsidiary Frigidaire. He discovered , a chlorofluorocarbon (CFC), which was marketed as starting in 1930. Freon had advantages over refrigerants in use at the time since it was nontoxic and nonflammable; the common refrigerants of the era were ammonia, sulfur dioxide, and methyl chloride, which were noxious and flammable. In addition to being used in refrigeration, Freon and other CFCs were employed in air conditioning, as aerosol propellants, in fire suppression, and in other applications. CFCs proliferated in the following decades, and there were few serious concerns about any possible environmental impacts that they might have. Although the particles were man-made, it was assumed that they would eventually find some sort of natural "sink" and little thought was given to where the chemicals would eventually end up. Environmental Impact. The environmental impacts of CFCs were first theorized in 1972, when it appeared that there were CFCs present throughout the atmosphere. In 1974, Molina and Rowland published their paper proposing that the primary sink for chlorofluoromethanes was the stratosphere, where they are broken down from UV radiation. Freon and other CFCs are classified as "ozone-depleting substances." These substances are responsible for , which occurs when UV radiation from the sun frees the chlorine atoms from a CFC molecule. This chlorine reacts with ozone to form chlorine monoxide and oxygen, and the chlorine monoxide is able to react with oxygen radicals to once again become free chlorine. Through this process, chlorine atoms from CFCs are able to "destroy over 100,000 ozone molecules before it is removed from the stratosphere." CFCs are principally responsible for the Antarctic ozone hole. Professional and Ethical Perspectives on the Career of Thomas Midgely, Jr.. Perspectives of Midgely's life changed dramatically after his death. He was a highly decorated chemist during his lifetime, having received the four "most important" medals for chemical achievement: the Nichols Medal of the New York Section, the Perkin Medal of the Society of Chemical Industry, the Priestly Medal of the American Chemical Society, and the Willard Gibbs Medal of the Chicago Section. He was also on the Board of Directors for the American Chemical Society from 1930 until his death, the chairman of the Board since 1934, and in 1944 was elected president. He also became a member of the National Academy of Sciences in 1942. In the decades following his death, tetraethyllead was banned from use in gasoline in the US and CFC use was reduced following the Montreal Protocol. Midgely's inventions have gone down in infamy for their widespread destructive impacts on the atmosphere and human health. J.R. McNeil writes "[He] has had more impact on the atmosphere than any other organism in Earth's history." Midgely neglected to study the possible environmental impacts of Freon and other CFCs before allowing them to be brought to market. Professionals owe responsibility not only to their clients, but to society at large, and the failure to consider the long-term impacts of his discovery represents a professional and ethical shortfall on the part of Midgely and his collaborators.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1007. IBM code page 1007 is an EBCDIC code page with Arabic support used in IBM mainframes.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1028. IBM code page 1028 (CCSID 1028) is an is an EBCDIC code page that supports Hebrew used in IBM mainframes in Israel. Codepage layout. Characters are shown with their equivalent Unicode codes.

Professionalism/Frances Haugen and Facebook. Introduction. Frances Haugen is a Facebook whistleblower where she disclosed tens of thousands of Facebook's internal documents that exposed how Facebook was aware of the harm its platform caused. Background. Early Life. Frances Haugen was born in Iowa City, Iowa. She grew up attending the Iowa caucuses with her parents, which instilled in her a strong sense of pride in democracy and responsibility for civic participation. Every since a young child, Haugen was engaged in civil affairs in her city. At age 8, she expressed concerns about plans to widen a neighborhood road that she wrote to U.S. Rep Jim Leach that read: "Please don't let them turn Melrose Avenue into a four-lane road. I couldn't walk home from school because I have to cross Melrose. Sincerely yours Frances Haugen." As her academic interests expanded, Frances Haugen was often featured in her local newspaper in her hometown. News clippings from Iowa City Press-Citizen archives show she loved geography and participated in debate and engineering competitions. During an interview in sixth grade, Haugen expressed her aspirations of becoming a biologist with the goal of feeding the world, or a lawyer with a desire to become a politician. This early display of civic-mindedness foreshadowed Haugen's later commitment to public safety and corporate accountability. Early Education and Career. After completing her high school education, she went on to study Electrical and Computer Engineering at Olin College. Later, she pursued a Master of Business Administration (MBA) from Harvard University. After receiving her MBA, Haugen initially was hired by Google as a Software Engineer but later transitioned to a Product Manager. At Google, Haugen initially worked in the reporting functions of Google Ads. This experience helped her to learn better ways of communicating with numbers. She transitioned on to Google Book Search, helping launch book reader for mobile devices. Haugen also was involved with the settlement of class action litigation after Google was sued by publishers for its project to publish book content on the web. In 2015, she began work as a data product manager at Yelp and after a year, moved to Pinterest. In 2019, Haugen joined Facebook, because someone close to her was radicalized online and she "felt compelled to take an active role in creating a better, less toxic Facebook. She expressed interest in a role related to misinformation, and so she became a product manager in the Facebook civic integrity team. Whistleblowing Activity. Background and 60 Minutes Interview. At Facebook, Frances Haugen worked on the civic integrity team. When she was recruited to Facebook, she wanted to join a team that would stop the spread of misinformation. After the 2020 election, Facebook disbanded the team; this marked the beginning of the end for Haugen at Facebook. From November 2020 to April 2021, Haugen amassed tens of thousands of internal documents that she intended to use to whistleblow. This is a prime example of sacrificing one’s career for one's profession. Haugen exited Facebook and spent the next several months organizing her documents and ensuring the information could get out to the public. She knew that once she put her face to the leak, she would close herself off from opportunities in her field. In September of 2021, she leaked the documents anonymously to the Wall Street Journal. In October, she went on 60 minutes to share her side of the story; and testified in front of Congress two days later. The interview went into her background, and highlighted the higher level issues in the documents. Facebook research shows it knows it is harming individuals and groups, and has taken minimal action. Haugen stated “Facebook, over and over again, has shown it chooses profit over safety.” Congressional Hearing. Haugen testified in front of the Senate Commerce Subcommittee on Consumer Protection. In the congressional hearing she remarked, “As long as Facebook is operating in the shadows, hiding its research from public scrutiny, it is unaccountable. Until the incentives change, Facebook will not change.” A key takeaway was that Facebook knows solutions to spreading misinformation, and has tools that it can use. It can make it harder to share articles, but this would decrease engagement and profit. During the hearing, the ranking Republican member Tennessee Sen. Marsha Blackburn said she had “received a text from Facebook spokesperson Andy Stone pointing out that Haugen did not work on child safety or Instagram or research these issues and has no direct knowledge on the topic from her work at Facebook.” Facebook pushed this narrative to discredit Haugen, but it does not take away from the raw documentation of the company's actions. Facebook Response and Ethical Summary. After the hearing, Mark Zuckerberg wrote Facebook is “committed to doing more research ourselves and making more research publicly available.” Facebook has not made these changes in the years since. It changed its name to Meta just weeks after Haugen’s testimony. Reviewing Haugen’s actions, it is clear she took great risks at her own expense to publicize Facebook’s actions. There was bi-partisan uproar at what was revealed, that time and time again Facebook chose profit over the health and safety of its users. Haugen did what engineers at Boeing were not strong enough to do leading up to the 737 Max disasters. She put her profession above her career, helping the billions of Facebook users to at least be aware of its transgressions. Congress may move slowly to regulate, but the public is now more broadly aware, and Facebook is under a stronger microscope than ever. Aftermath. Since the hearing, Haugen has shifted her career to focus on speaking engagements with the purpose of standing up for what she believes in. Even after her departure from Facebook, she continues to advocate against the company and claims that they have been “misleading the public and investors on how it handles issues such as climate change, misinformation, and hate speech, and the impact of its services on the mental health of children and young adults.” Facebook did not make explicit policy changes in the direct aftermath of Haugen’s testimony. In a blog post from September 2021, Facebook claimed that they employed 40,000 people working in safety and security and spent more than $13 billion since 2016 to that end. Clearly, in Haugen’s opinion, this is still not enough to create a safe and responsible Facebook because these changes were being implemented before and during her coming forward. In a conference with Vox almost a year after her testimony she maintains that Facebook hasn’t learned their lesson yet, saying, “They haven’t yet admitted that the way they were doing business is what caused their problems.” In the same conference, she lamented the amount of control that Mark Zuckerberg has over the company, saying she wishes that the Securities and Exchange Commission would force him to sell some of his shares. Media Controversy. In the aftermath of Haugen’s testimony, the media was overtaken with controversial opinions surrounding what Facebook was doing and what her revelations meant for our country. Many on the left championed her as a defender of those hurt by social media. Others on the right condemned her as a censor and a violator of American free speech principles. Although this made for entertaining media coverage and most likely drove up ratings, it was almost certainly more reductive than helpful. When the media seeks to get the public emotional about one specific person or event along political lines, it is usually the case that the truth lies somewhere in the middle, and this case is no different. One universal concern was Instagram’s impact on the mental health of young people. An internal study brought to light in the leak linked Instagram to suicidality in teens. These statistics are extreme and the company causing the issue is only paying lip service to a solution. Facebook is a profit-seeking entity and a major company in the United States, so it can be difficult to find a way to shield oneself from the negative effects they cause. At a certain point, the cost-benefit analysis stops going in their favor for families who have been impacted negatively by their products. There is inevitably a natural tipping point where parents will get their children off of these sites. This isn’t to say that Facebook and social media are inherently bad, but they need to consider the safety of users on their platform, especially children.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1030. IBM code page 1030 (CCSID 1030) is an EBCDIC code page used in IBM mainframes in Japan. It is an extension of code page 290 that includes box drawing characters. Unlike code page 290, it did not get a euro sign update.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1031. IBM code page 1031 (CCSID 1031) is an EBCDIC code page used in IBM mainframes in Japan. It is an extension of code page 1027 that includes box drawing characters. Unlike code page 1027, it did not get a euro sign update.

Character Encodings/Code Tables/EBCDIC/EBCDIC 1032. IBM code page 1032 (CCSID 1032) is an EBCDIC code page used in IBM mainframes. It supports MICR (magnetic ink character recognition). It is an extension of code page 1001 to add interoperability with Siemens and Océ printers. Codepage layout. Characters are shown with their equivalent Unicode codes.