ILE cheat sheet

Court hierarchy (civil and criminal): Supreme Court, Court of Appeal, High Court or Crown Court, County Court or magistrates' court; tribunals sit outside this structure.

Stare decisis: the ratio decidendi binds lower courts while obiter dicta is persuasive only; the Supreme Court may depart from its own earlier decisions under the 1966 Practice Statement.

The Civil Division of the Court of Appeal is bound by its own decisions except for the three exceptions recognised in Young v Bristol Aeroplane (conflicting decisions, decision inconsistent with later higher authority, decision reached per incuriam).

Standard of proof: criminal courts require proof beyond reasonable doubt; civil courts require the balance of probabilities.

Statutory interpretation tools: literal rule, golden rule, mischief rule (Heydon's Case 1584) and purposive approach; Pepper v Hart allows Hansard reference only where wording is ambiguous, obscure or absurd and a clear ministerial statement exists.

Reserved legal activities under the Legal Services Act 2007 include rights of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities and the administration of oaths.

The SRA Principles 2019 set seven mandatory principles, including upholding the rule of law, public trust and confidence, independence, honesty, integrity, equality and diversity, and acting in each client's best interests.

Legal professional privilege has two limbs: legal advice privilege covers confidential client-adviser communications for giving or receiving legal advice; litigation privilege covers communications for pending or contemplated proceedings; privilege belongs to the client.

Undertakings given in practice bind the solicitor and the firm personally, may be given orally, and cannot be unilaterally withdrawn without the recipient's consent.

Invitations to treat include advertisements (Partridge v Crittenden), the display of goods in a shop (Fisher v Bell), auctioneer's calls, invitations to tender and mere requests for information.

Postal rule (Adams v Lindsell): acceptance is complete on posting where post was contemplated; instantaneous communications take effect on receipt (Entores, Brinkibon).

Consideration must move from the promisee but need not be adequate; past consideration is no consideration (Re McArdle), though performance of an existing duty can suffice where a practical benefit is conferred (Williams v Roffey).

Terms implied by statute: Sale of Goods Act 1979 ss.12-15 (title, description, satisfactory quality and fitness, samples) for business-to-business sales; Consumer Rights Act 2015 ss.9-11 for consumer contracts.

Exemption clauses are tested in three stages: incorporation (signature, reasonable notice, course of dealing), construction (contra proferentem; no exclusion for death or personal injury caused by negligence) and statutory control under UCTA 1977 or CRA 2015 Part 2.

Misrepresentation Act 1967: s2(1) reverses the burden of proof for negligent misrepresentation and permits damages; s2(2) allows damages in lieu of rescission; fraudulent misrepresentation is governed by Derry v Peek.

Frustration discharges both parties where performance becomes impossible, illegal or radically different (Davis Contractors); self-induced frustration does not frustrate the contract.

Damages: Hadley v Baxendale remoteness (loss arising naturally or within both parties' contemplation), a duty to mitigate, and the Cavendish Square v Makdessi test for penalties (legitimate interest plus proportionality).

Contracts (Rights of Third Parties) Act 1999 s1 allows a third party to enforce a term where the contract expressly so provides or the term purports to confer a benefit on that third party, unless the contract excludes the Act.

Actus reus and mens rea must coincide in time (Fagan v MPC); transferred malice applies where the mens rea aimed at one victim causes the actus reus against another (Latimer).

Liability for omissions arises only where a duty exists: statute, contract, relationship, voluntary assumption of care, or creation of a dangerous situation (R v Miller).

Causation requires the factual 'but for' test plus legal causation: the defendant's conduct must be an operative and substantial cause; negligent medical treatment rarely breaks the chain (R v Cheshire).

Murder is the unlawful killing of a person under the Queen's peace with malice aforethought, meaning intent to kill or to cause grievous bodily harm (R v Vickers); the sentence is mandatory life imprisonment.

Partial defences reducing murder to voluntary manslaughter under the Coroners and Justice Act 2009 ss.52-56: diminished responsibility, loss of control, and suicide pact (Homicide Act 1957 s4).

Involuntary manslaughter: unlawful act manslaughter requires an unlawful act that is dangerous on an objective view (R v Church); gross negligence manslaughter requires a serious breach of duty with an obvious risk of death (R v Adomako).

Theft Act 1968 s1: dishonest appropriation of property belonging to another with intention permanently to deprive; s6 covers later dealing with property; robbery (s8) adds force or threats immediately before or at the time of stealing.

Offence classification: summary only (magistrates' court), indictable only (Crown Court) and either-way (allocation under the Magistrates' Courts Act 1980 s19, with the defendant's election to trial by jury).

PACE 1984 detention: 24 hours basic, extension to 36 hours by a superintendent and up to 96 hours by the magistrates' court; the right to legal advice may be delayed only in the limited circumstances listed in Schedule 8.

Law of Property Act 1925 s1: only two legal estates exist, the fee simple absolute in possession and the term of years absolute; s1(2) lists legal interests (easements, rentcharges, charges, rights of entry) and everything else is equitable.

Land Registration Act 2002 rests on the mirror, curtain and insurance principles; the dispositions listed in s27 must be registered to take effect at law.

Registered land protection: notices under s32 protect third party interests, restrictions under s40 control how a proprietor may deal, and Schedule 3 interests (such as leases of seven years or less and legal easements) override registration.

Co-ownership: the legal estate can be held only by joint tenants (maximum four trustees); beneficial interests may be joint tenancy or tenancy in common; severance by written notice under LPA 1925 s36(2).

TLATA 1996 governs trusts of land; s14 permits the court to order sale or regulate occupation, applying the s15 factors including the settlor's intention, the trust's purpose and the welfare of beneficiaries.

Lease essentials from Street v Mountford: exclusive possession for a fixed or periodic term, usually for rent; leases over seven years must be registered; shorter leases can override.

Easements must satisfy Re Ellenborough Park (dominant and servient land, separate ownership, accommodation of the dominant land, capable of grant) and may arise by express grant, implied grant (Wheeldon v Burrows, necessity, common intention), s62 LPA 1925 or prescription.

Freehold covenants: the burden does not run at law (Austerberry) but runs in equity under Tulk v Moxhay where the covenant is negative, touches and concerns the land and notice exists; s84 LPA 1925 allows discharge or modification by the Upper Tribunal.

Conveyancing sequence: pre-contract searches and enquiries (LLC1 and CON29), exchange with a 10 per cent deposit, completion, then application to register within 30 days (LRA 2002 s6) and an SDLT return and payment within 14 days of completion.

An express trust needs the three certainties from Knight v Knight (intention, subject matter, objects), satisfaction of the beneficiary principle (Morice v Bishop of Durham), correct formalities and constitution.

Formalities: a declaration of trust of land must be evidenced in writing (LPA 1925 s53(1)(b)); a disposition of a subsisting equitable interest must be in signed writing (s53(1)(c)); wills must comply with Wills Act 1837 s9.

Constitution occurs when title is transferred to trustees or the settlor declares themselves trustee (Milroy v Lord); exceptions include Re Rose, Strong v Bird and donatio mortis causa.

Resulting trusts arise on voluntary conveyance, purchase in another's name, or failure to dispose of the entire beneficial interest; Quistclose trusts protect money lent for a specific purpose that then fails.

Trustee investment powers derive from Trustee Act 2000 s3 (standard investment criteria and the duty to take advice) unless varied by the instrument; trustees must act unanimously and must not make unauthorised profits (Boardman v Phipps).

Wills: testamentary capacity follows Banks v Goodfellow, plus knowledge and approval; marriage or civil partnership revokes a will (s18); alterations require s9 formalities (s20).

Intestacy under the Administration of Estates Act 1925 s46: a surviving spouse or civil partner takes the personal chattels, the statutory legacy (£322,000 for deaths on or after 26 July 2023) and half the residue where there are issue.

Inheritance (Provision for Family and Dependants) Act 1975 claims must normally be brought within six months of the grant of representation, although the court has discretion to extend.

Administration of estates: inheritance tax is generally payable six months after the end of the month of death, with instalment options for land and certain shares; trustees may protect themselves by notices under Trustee Act 1925 s27.

Client care information must state the scope of the retainer, who will handle the matter, the basis of costs and billing, the complaints procedure and the client's right to complain to the Legal Ombudsman.

A firm must give its final response to a complaint within eight weeks; the client then has six months from that response to refer the matter to the Legal Ombudsman, and normally one year from the act, omission or discovery.

SRA Transparency Rules require published prices for conveyancing, probate, motoring offence representation and employment tribunal claims brought by employees, together with complaints and regulatory information.

SRA Accounts Rules 2019: client money is money held for or on behalf of a client; the client account must not be used as a banking facility; accounting records must be retained for at least five years.

Interest on client money must be paid where it is fair and reasonable to do so, having regard to the amount, the duration of holding and the firm's written policy.

Conflicts of interest: a solicitor must not act where a client conflict exists or is a significant risk, save in the limited circumstances permitted by SRA Code paragraph 6.2 (substantially common interest, or competing for the same objective).

Anti-money laundering: MLR 2017 requires client due diligence, ongoing monitoring and enhanced due diligence for politically exposed persons and high-risk jurisdictions; POCA 2002 s330 creates an offence of failing to disclose knowledge or suspicion of money laundering.

Mental Capacity Act 2005: capacity is presumed; a person lacks capacity if unable to understand, retain, weigh or communicate the relevant decision, and decisions must then be made in their best interests.

Business vehicles: sole practitioner (unlimited personal liability), partnership (Partnership Act 1890, joint and several liability), LLP (LLP Act 2000, limited liability), company, and alternative business structure (Legal Services Act 2007).

Compulsory professional indemnity insurance must meet the SRA minimum terms, including a minimum limit of indemnity of £2 million per claim for most firms and at least six years' run-off cover.

SRA Accounts Rules controls: separate office and client ledgers, three-way reconciliations at least every five weeks, and no client money in an office account except in limited permitted circumstances.

Key practice ratios: lock-up (debtor days plus work in progress days), utilisation (chargeable hours over available hours), leverage (fee earners per partner) and margin (profit over fee income).

Every SRA-authorised firm must appoint a COLP and a COFA; each must report material breaches of regulatory obligations to the SRA and keep an internal record of them.

Employment essentials: two years' continuous service is normally required to bring an unfair dismissal claim; the Equality Act 2010 protects nine protected characteristics.

Risk management covers client and matter risk assessment, conflict checks, file reviews, complaints analysis, cyber security accreditation (for example Cyber Essentials or ISO 27001) and business continuity planning.

VAT on professional fees is normally charged at the standard rate; disbursements are treated as principal (part of the firm's supply, VAT charged) or agency (paid directly to a third party).

Portfolio evidence must be authentic work you personally carried out, attributable to a client matter reference and signed off by a supervisor or witness who observed the work.

Each item is mapped to the assessment criteria of the relevant unit and supported by a reflective account explaining what you did, why, what you learned and what you would do differently.

Evidence must be anonymised: client names, addresses and other identifying details are removed or replaced to meet confidentiality and data protection obligations.

Reflective accounts typically follow a four-stage cycle of description, analysis, evaluation and action planning, and must demonstrate your personal competence rather than the firm's general procedures.

Witness testimonies should identify the witness's role, the period of observation and the specific competences observed, and must be signed and dated.

Evidence must be current and drawn from real client practice; hypothetical, fabricated or borrowed matters are inadmissible and may amount to professional misconduct.

Continuing competence is declared annually by solicitors instead of a fixed CPD hour requirement, so learning records in the portfolio should be aligned to the SRA continuing competence statement.