ILE flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Ratio decidendi

The legal reasoning essential to a court's decision; it binds lower courts in later cases under the doctrine of stare decisis.

Balance of probabilities

The civil standard of proof; the court must find the claimant's version of events more likely than not, requiring more than a 50 per cent likelihood.

Legal advice privilege

Protects confidential communications between a client and their legal adviser made for the purpose of obtaining or giving legal advice; it survives the end of the retainer.

Pepper v Hart

Permits courts, in limited circumstances, to consult clear ministerial statements in Hansard to resolve statutory wording that is ambiguous, obscure or absurd.

Postal rule

Acceptance by post is complete when the letter is properly posted, not when received, provided post was contemplated and no contrary term applies.

Past consideration

Consideration already given before the promise was made is generally not good, unless given at the promisor's request and later payment was implied.

Remoteness of damage

Under Hadley v Baxendale a party recovers losses arising naturally from the breach or within both parties' contemplation when the contract was made.

Penalty clause

A contractual term imposing a detriment out of all proportion to the innocent party's legitimate interest in performance; such a term is unenforceable.

Transferred malice

Where the mens rea aimed at one victim causes the actus reus to affect another, the mental element transfers and the offence is complete.

Gross negligence manslaughter

An unintentional killing caused by a serious and obvious breach of duty that falls far below reasonable standards and creates a risk of death.

Theft

The dishonest appropriation of property belonging to another with the intention of permanently depriving the other of that property.

Loss of control defence

A partial defence reducing murder to manslaughter where a qualifying trigger caused a loss of self-control and a normal person might have reacted similarly.

Joint tenancy

Co-ownership without distinct shares, where the right of survivorship automatically passes a deceased joint tenant's interest to the surviving joint tenants.

Overriding interest

An interest in registered land that binds the proprietor on first registration or on a later disposition even though it is not entered on the register.

Easement essentials

Re Ellenborough Park requires dominant and servient tenements, different ownership, accommodation of the dominant land, and a right capable of forming the subject of a grant.

Restriction (registered land)

A Land Registry entry limiting how a registered proprietor may deal with the title, commonly used to protect beneficial interests in co-owned property.

Three certainties

A valid express trust needs certainty of intention to create it, certainty of the trust property (subject matter) and certainty of the beneficiaries (objects).

Banks v Goodfellow test

For testamentary capacity the testator must understand the nature of the will and the extent of property and claims of others, without disorder of mind.

Section 53(1)(b) LPA 1925

A declaration of trust of land must be proved by signed written evidence, otherwise it is unenforceable, though resulting and constructive trusts are exempt.

Executor's year

Executors are not generally compelled to distribute the estate within twelve months of death, but after that period interest may run on unpaid legacies.

Legal Ombudsman time limits

A complaint must normally be referred within one year of the act, omission or discovery and within six months of the firm's final response.

Client account

A bank account used to hold client money; the SRA Accounts Rules forbid using it for the firm's own money except in limited permitted circumstances.

Price transparency rules

SRA rules requiring firms to publish clearly the price of certain services such as conveyancing and probate, together with complaints and regulatory information.

SRA Principle 7

Act in the best interests of each client; this core duty underpins client care, conflict checks and the advice given on a matter.

LLP member liability

Members of a limited liability partnership are shielded from personal liability for the firm's debts, unlike general partners under the Partnership Act 1890.

Minimum terms insurance

SRA-authorised firms must hold compulsory professional indemnity insurance on prescribed minimum terms, providing at least two million pounds per claim.

Lock-up

A practice management measure of capital tied up in unpaid bills and unbilled work in progress, expressed in days of annual fee income.

COLP and COFA

The SRA requires firms to appoint a compliance officer for legal practice and one for finance, each responsible for reporting material breaches to the regulator.

Continuing competence

Solicitors reflect annually on their practice, identify learning needs and declare continuing competence rather than recording a fixed number of CPD hours.

Reflective statement

A portfolio document describing what you did, analysing why and how, and evaluating the learning, linked to the relevant competence criteria.

Witness testimony

A signed and dated statement from a supervisor or colleague confirming the specific competences you demonstrated on a particular piece of work.

Anonymised evidence

Portfolio exhibits must have client names and identifying details removed or replaced to satisfy confidentiality and data protection obligations.