Mixed Deck — All BPTC Topics Flashcards

The 'IRAC' method used in legal opinion writing stands for:

Answer: Issue, Rule, Application, Conclusion

IRAC is a structured analytical method: identify the Issue, state the Rule (law), Apply the rule to the facts, and reach a Conclusion — used widely in opinion writing and legal memos.

A 'freezing injunction' (formerly Mareva injunction) prevents:

Answer: A defendant from dissipating assets to frustrate enforcement of a future judgment

A freezing injunction is an interim remedy that prevents the defendant from moving or disposing of assets so that any judgment can be enforced against them.

What is the general rule on costs under CPR Part 44?

Answer: Costs follow the event — the unsuccessful party pays the successful party's costs

The general rule under CPR Part 44.2 is that the unsuccessful party will be ordered to pay the costs of the successful party ('costs follow the event'). However, the court has wide discretion and may make a different order depending on the circumstances, including the conduct of the parties.

A witness becomes hostile during examination-in-chief. What may the advocate apply to the court for?

Answer: Permission to treat the witness as hostile, allowing the use of leading questions and cross-examination techniques

Under section 3 of the Criminal Procedure Act 1865, if a witness proves hostile (unfavourable and unwilling to tell the truth), the party calling them can apply to the judge for permission to treat the witness as hostile. This allows the advocate to cross-examine their own witness, including using leading questions and putting previous inconsistent statements.

What is a 'Proceeds of Crime Act 2002' confiscation order designed to achieve?

Answer: Remove the financial benefit the defendant obtained from criminal conduct

A POCA 2002 confiscation order strips the defendant of their benefit from criminal conduct, making crime financially unprofitable.

Under the Civil Procedure Rules, what is the standard of proof in civil proceedings?

Answer: Balance of probabilities

In civil proceedings in England and Wales, the standard of proof is the balance of probabilities (more likely than not), which is lower than the criminal standard of beyond reasonable doubt. This is established under the Civil Procedure Rules and longstanding common law principles.

In a cost-benefit analysis for civil litigation, which principle requires that the costs incurred must be proportionate to the value and importance of the claim?

Answer: The proportionality principle

The proportionality principle in the CPR means that costs incurred (and recoverable) must bear a reasonable relationship to the sum in issue, the value of any non-monetary relief, the complexity of the litigation, and the conduct of the parties.

Under CPR Part 25, a 'search order' (formerly Anton Piller order) requires:

Answer: A defendant to permit the claimant's representatives to enter premises and search for and seize evidence

A search order is a draconian remedy that allows entry to premises to preserve evidence, granted only in cases of extreme urgency with a real risk the evidence will be destroyed.

What is the role of the instructing solicitor during a conference with counsel?

Answer: The solicitor facilitates the meeting, provides background context, takes notes of advice given, and helps ensure the client understands the barrister's advice

The instructing solicitor plays an important supporting role: they introduce the client, provide context and background that may not be in the papers, take a detailed attendance note of the advice given, help translate legal jargon for the client, and follow up on action points after the conference. Their presence ensures continuity of the client's legal representation.

Under CPR Part 36, what is the consequence for a defendant who fails to beat a claimant's Part 36 offer at trial?

Answer: The defendant pays costs on the indemnity basis from the date of offer plus interest at an enhanced rate

If the claimant's Part 36 offer is not beaten by the defendant, the court must award enhanced interest, indemnity costs, and an additional amount under CPR r.36.17.

Under the BSB Handbook, what is a barrister's duty regarding their own integrity?

Answer: Barristers must act with honesty and integrity at all times, including in their personal and professional life

Core Duty 3 (CD3) requires barristers to act with honesty and integrity. Core Duty 5 (CD5) requires them not to behave in a way that is likely to diminish public trust and confidence in the profession. These duties apply to both professional and personal conduct, as a barrister's behaviour outside practice can also affect public confidence.

What does the doctrine of 'abuse of process' allow the defence to argue?

Answer: That the proceedings should be stayed because the prosecution has acted in a way that would bring the justice system into disrepute

An abuse of process application asks the court to stay proceedings on the ground that continuing them would amount to an affront to justice, for example where there has been entrapment or excessive delay.

A barrister discovers mid-trial that their client has lied on oath. What must the barrister do?

Answer: Advise the client to correct the lie; if refused, withdraw

The barrister owes a duty of candour to the court; they must advise the client to correct the false evidence and, if the client refuses, must withdraw from the case.

What is the effect of 'formal admissions' under s.10 Criminal Justice Act 1967?

Answer: Facts formally admitted need not be proved by evidence at trial

A s.10 formal admission is a binding admission of a fact that removes it from the issues the prosecution must prove, saving court time on undisputed matters.

Under the BSB Handbook, what is the 'cab rank rule' and to whom does it apply?

Answer: It requires self-employed barristers to accept instructions in their area of competence, subject to certain exceptions

The cab rank rule (rC29 of the BSB Handbook) requires self-employed barristers to accept instructions for which they are competent and available, provided a proper fee has been offered. They cannot refuse on grounds of the nature of the case, the client's character, or the barrister's personal opinion. This ensures access to justice.

Under the BSB Handbook, which Core Duty takes precedence over all others in case of conflict?

Answer: Duty to observe your duty to the court in the administration of justice

CD1 (not misleading the court) and the broader duty to the court take precedence over all other core duties, including those owed to the client, because justice itself depends on advocates' honesty.

Which test governs the admissibility of expert evidence in English courts?

Answer: The evidence must be within a recognised field of expertise and the expert must be sufficiently qualified

English courts require that expert evidence comes from a recognised field and that the witness has sufficient expertise; there is no Daubert-style reliability gatekeeping, though reliability is considered.

What is the standard of proof required to convict in a criminal trial?

Answer: Beyond reasonable doubt

The prosecution must prove guilt beyond reasonable doubt (so that the jury is sure), which is the highest standard of proof in English law.

What does 'putting your case' in cross-examination require?

Answer: Putting your client's version of disputed facts to the opposing witness

Putting your case means confronting the opposing witness with the facts your client alleges so the witness has an opportunity to accept or deny them.

In opinion writing, what does 'advising on quantum' mean?

Answer: Advising on the amount of damages the client is likely to recover or be liable for

Advising on quantum means advising on the likely amount of damages. This involves analysing the heads of damage (general and special damages), reviewing medical evidence and financial losses, considering relevant case law on comparable awards, and providing a realistic range of the likely award at trial.