Period of Recognised Training / Training Contract Core Practice Areas Experience Syllabus

Core Practice Areas Experience syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Core Practice Areas Experience in Period of Recognised Training / Training Contract, not a summary of it.

1. 1

   Dispute Resolution and Litigation

   4 topics

   • Civil litigation under the Civil Procedure Rules
     • Pre-action conduct and protocols
     • Issuing claims and case management
   • Alternative dispute resolution
     • Mediation and arbitration
     • Settlement and Part 36 offers
   • Evidence, disclosure and trial preparation
   • Enforcement of judgments
2. 2

   Property and Conveyancing

   4 topics

   • Residential conveyancing transactions
     • Investigating title and pre-contract enquiries
     • Exchange, completion and post-completion
   • Commercial property transactions and leases
   • Land Registry and registration procedures
   • Stamp Duty Land Tax considerations
3. 3

   Corporate, Commercial and Transactional Work

   4 topics

   • Company formation and corporate governance
   • Commercial contracts and drafting
   • Mergers, acquisitions and due diligence
   • Employment law matters
4. 4

   Private Client and Family

   4 topics

   • Wills, probate and estate administration
   • Trusts and tax planning
   • Family and matrimonial proceedings
     • Divorce and financial remedy
     • Children matters
   • Lasting powers of attorney and Court of Protection
5. 5

   Criminal and Public Law

   4 topics

   • Criminal defence and police station representation
   • Magistrates and Crown Court procedure
   • Immigration and asylum work
   • Public law and judicial review fundamentals

Core Practice Areas Experience flashcards for Period of Recognised Training / Training Contract

20 of 51 cards from the Core Practice Areas Experience deck — real questions with worked answers.

1. Under the Civil Procedure Rules (CPR), what is the overriding objective set out in CPR 1.1?

   To enable the court to deal with cases justly and at proportionate cost — including ensuring parties are on an equal footing, saving expense, dealing with matters proportionately, expeditiously and fairly, and allotting an appropriate share of the court's resources.

2. In civil litigation, what are the three case management tracks and their normal value thresholds?

   Small claims track (up to £10,000), fast track (£10,000–£25,000), and multi-track (over £25,000 or complex cases). An intermediate track also exists for claims of £25,000–£100,000 of moderate complexity.

3. What is the standard limitation period for a claim in contract and in tort (other than personal injury) under the Limitation Act 1980?

   Six years from the date the cause of action accrued. For personal injury it is three years from the date of injury or knowledge.

4. What is the difference between a Part 7 claim and a Part 8 claim under the CPR?

   A Part 7 claim is the standard procedure for disputes of fact; a Part 8 claim is used where there is no substantial dispute of fact, typically for questions of law or interpretation, and uses witness statements rather than particulars of claim.

5. What is the standard of proof in civil litigation, and how does it differ from criminal proceedings?

   Civil cases are decided on the balance of probabilities (more likely than not, i.e. greater than 50%). Criminal cases require proof beyond reasonable doubt (so that the tribunal is sure).

6. Name four common forms of Alternative Dispute Resolution (ADR).

   Mediation, arbitration, conciliation, and negotiation. Others include early neutral evaluation, adjudication, and expert determination.

7. What is the key distinction between mediation and arbitration as forms of ADR?

   In mediation a neutral third party facilitates a settlement but cannot impose a decision — the outcome is non-binding unless the parties agree. In arbitration the arbitrator hears evidence and makes a binding determination (an award) enforceable like a judgment.

8. What costs consequence may a party face for unreasonably refusing to engage in ADR?

   Following Halsey v Milton Keynes and PGF II v OMFS, a court may penalise an unreasonable refusal to mediate in costs — even a successful party may be deprived of some or all of its costs.

9. What is 'standard disclosure' under CPR Part 31, and which documents must a party disclose?

   Standard disclosure requires a party to disclose documents on which it relies, documents that adversely affect its own or another party's case, and documents that support another party's case — together with documents required by a relevant practice direction.

10. What is the difference between 'disclosure' and 'inspection' of documents in civil litigation?

    Disclosure is stating that a document exists or has existed (typically via a disclosure list). Inspection is the right of the other party to physically examine and copy the disclosed documents, subject to privilege and proportionality.

11. Distinguish legal advice privilege from litigation privilege.

    Legal advice privilege protects confidential communications between lawyer and client for the purpose of giving or receiving legal advice (no litigation needed). Litigation privilege protects communications with third parties where the dominant purpose is actual or contemplated litigation.

12. What is a Part 36 offer and its key costs incentive?

    A Part 36 offer is a formal settlement offer with prescribed costs consequences. If a claimant beats its own offer at trial, it may receive enhanced interest, indemnity costs, and an additional amount; if a defendant's offer is not beaten, the claimant typically pays the defendant's costs from the end of the relevant period.

13. Name three methods of enforcing a money judgment in England and Wales.

    Taking control of goods (writ/warrant of control via enforcement agents), a third party debt order (freezing money owed to the debtor), a charging order over land, and attachment of earnings. Insolvency proceedings may also be used.

14. What is a charging order and how is it typically realised against land?

    A charging order secures a judgment debt against the debtor's property (often land). Once obtained, the creditor may apply for an order for sale to realise the debt from the proceeds, subject to the court's discretion.

15. What is the difference between a charging order and an attachment of earnings order?

    A charging order places security over the debtor's asset (usually land) to be realised later. An attachment of earnings order requires the debtor's employer to deduct sums directly from wages and pay them to the creditor.

16. What are the main stages of a typical residential conveyancing transaction?

    Pre-contract (instructions, draft contract, searches, enquiries, mortgage), exchange of contracts (binding, deposit paid, completion date fixed), and completion (transfer executed, balance paid, keys released), followed by post-completion (SDLT return and Land Registry registration).

17. In residential conveyancing, what is the legal effect of exchange of contracts?

    Exchange creates a binding contract; the risk usually passes to the buyer (who should insure), the deposit becomes payable, and neither party may withdraw without breach. Completion must then occur on the agreed date.

18. What is the difference between 'completion' and 'registration' in a conveyancing transaction?

    Completion is when the purchase money is paid and the legal estate is transferred (the deed of transfer/TR1 takes effect between the parties). Registration at HM Land Registry perfects the buyer's legal title against third parties; legal title does not formally pass until registered.

19. In commercial leases, distinguish a 'full repairing and insuring' (FRI) lease from an internal repairing lease.

    Under an FRI lease the tenant bears responsibility for all repairs (internal and external/structural) and reimburses the landlord's insurance, giving the landlord a 'clear' rent. An internal repairing lease limits the tenant's repair obligation to the interior only.

20. What security of tenure do business tenants have under the Landlord and Tenant Act 1954, and how can it be excluded?

    Part II of the 1954 Act gives qualifying business tenants the right to renew their lease at expiry; the landlord can only oppose on specified statutory grounds. It can be 'contracted out' if the landlord serves a warning notice and the tenant makes a declaration before the lease is entered into.

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