Case & Matter Analysis Flashcards

In criminal case analysis, what must be established to convict of a serious criminal offence?

Answer: Both actus reus and mens rea coinciding in time

Criminal liability for most serious offences requires the coincidence of actus reus (the prohibited act) and mens rea (the requisite mental element) at the same time.

In the multi-track, the Pre-Trial Checklist (Listing Questionnaire) is sent out:

Answer: Approximately 8–10 weeks before the trial window

The Pre-Trial Checklist is typically sent 8–10 weeks before the trial date to ensure all directions have been complied with and the case is ready for listing.

Under CPR Part 36, a valid Part 36 offer must:

Answer: Be in writing, state it is made pursuant to Part 36 and offer to pay a sum in settlement

A Part 36 offer must comply with CPR r.36.5: it must be in writing, state that it is a Part 36 offer and remain open for at least 21 days, and specify the relevant period.

In employment tribunal proceedings, a claim for unfair dismissal must ordinarily be presented within:

Answer: 3 months less one day from the effective date of termination

Employment tribunal claims for unfair dismissal must be presented within 3 months less one day from the effective date of termination, subject to early ACAS conciliation.

The 'but for' test in causation requires the claimant to prove:

Answer: The damage would not have occurred but for the defendant's breach

The basic causation test asks whether, but for the defendant's negligent act or omission, the claimant would have suffered the same loss; if so, causation is not established.

In a commercial contract dispute, an exclusion clause will only limit liability if it:

Answer: Satisfies the reasonableness test under the Unfair Contract Terms Act 1977 (if applicable)

UCTA 1977 requires exclusion or limitation clauses in business-to-business contracts to satisfy the reasonableness test; clauses limiting liability for negligence or breach are particularly scrutinised.