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Research SQE2 - Coggle Diagram

- - - - Authorities - explain the authorities in your own words and how it relates to your client's situation
      - Authorities - give enough info for the supervisor to check your answer against the authorities
    - - Work through each question
      - Start* with the authority, and explain in your own words what the authority says and how it's relevant to your client's situation
      - What offences may apply? What defences may apply? What mens and actus reus is relevant?
        
        While it's fresh in your mind, draft your advice and back it up with the legalisation with clear references
        
        Eg 'It is likely the client has committed the offence of X under section 3 of the Y Act'. Under the facts, it appears the prosecution will be able to prove that the client was in control of the dog, which bit the client. THIS IS THE OFFENCE
        
        Then we look at mens and actus reus
        
        Then we look at defences
- - - - Breach of duty - did it fall below the standard expected of Tom as a triainee?
      - Causation and loss - Ariadne has only lost the chance to make a claim, not an actual benefit. N.b no contractual claim as there was no contract as this was purely social setting. Thus, focus purely on negligence claim.
      - Here, Tom is a trainee solicitor and has given the advice in a social context. (Duty of Care)
  - - - This is important for time management - figure out quickly which sources you can disregard
      - Irrelevant sources either:
        
        Do not relate to any of the issues you've identified;or
        
        Those that do relate to the issues but are no longer in force (as statutes)
        
        Commonwealth court jurisdictions are only obiter, AND are only relevant if there is no decision of an English court
      - Make sure that for a secondary source, you find the primary sourc eunderlying it
  - - - It is an issue of learned debate among judges and commentators to what extent a duty of care is owed where advice is given in a non- business setting. There is limited authority to suggest that the duty does not arise where counsel is given and taken outside of the advisor's office.
    - - 'Did Tom owe Ariadne a duty of care' - this is good
    - - Generally best to reproduce the relevant source, and then consider what reasoning is relevant to link the sources to your advice
        
        Chaudry v Prabhakar [1989] 1 WLR 29 indicates relying on the judgment of Stuart Smith L-J that the fact that Tom and Ariadne were friends and the advice was given in a social context may negate any duty of care.
        
        'When considering the question of whether a duty of care arises, the relationship between the parties is material: if they are friends the true view may be that the advice or representation is made on a purely social occasion and that the circumstances show that there is no voluntary assumption of responsibility.'
        
        This is so the examiner can tell you used it
      - INCLUDE THE CITATION AND PROVIDE A SHORT EXPLANATION IN YOUR OWN WORDS AS TO HOW THE CASE RELATES TO THE ISSUE IN YOUR OWN REPORT
      - If relying on multiple judges, make clear you're only relying on judgement of a single judge
- - - - Use SUBHEADINGS FOR EACH RELEVANT TOPIC AND GIVE CONCLUSIONS FOR EACH!
        
        Example 1
        
        The sources show strict liability is imposed for defects per CPA for producers
        
        Your report says:
        
        Client falls into statutory definitions of producer of goods
        
        The effect of this is that the client has strict liability for the injury.
        
        No defences apply
        
        Your instructions ask you to research a client's liability for a defective product
        
        Reference the relevant part of the CPA (s14(1) of SGA 1979
        
        THEN SET OUT IN YOUR OWN WORDS THE DETAIL OF THE STATUTE/CASE SO YOUR SUPERVISOR CAN BE SURE YOU APPLIED THE SOURCES CORRECTLY
        
        Example 2
        
        Some research questions may be more procedural in nature, where you are asked to research whether, and if so, how, a client may achieve a particular objective. For example, you could be advising a company on a number of issues, one of which is whether it can change its name and how it can ensure this is formalised. Your report may state:
        
        The client company may change its name by passing a special resolution.
        
        This requires a 75% majority of shareholders to vote in favour of the change at a properly constituted shareholder meeting.
        
        Assuming the resolution is passed, the client must file a copy of the resolution and a Companies Form NM01 at Companies House and pay a fee.
        
        The Registrar of Companies will issue the client company with a new certificate of incorporation with the changed name, and the company may use the new name as from the date of the certificate.
        
        You should then reproduce and reference the authorities for these rules immediately after each paragraph of your advice. - eg S17(1) COMPANIES ACT 2006
        
        THEN SET OUT IN YOUR OWN WORDS THE DETAIL OF THE STATUTE/CASE SO YOUR SUPERVISOR CAN BE SURE YOU APPLIED THE SOURCES CORRECTLY
        
        SET OUT RELEVANT SECTIONS
        
        If you are researching the liability of producers to consumers injured by defective products, you would set out each relevant section, dealing with, for example:
        
        Applicable definitions (such as “producer” and “consumer”).
        
        The provision imposing liability (such as “producer liable for defect in product”).
        
        Applicable exclusions (such as “loss falling below a specified amount”).
        
        Applicable defences (such as “state of scientific knowledge” defence).
    - - Advice to give to client
        
        Steps on how to enforce advice
      - Legal reasoning and authority
  - - - To do well here, you need to focus your advice on whether the ad could, contrary to normal rules, form an offer. Use the relevant authorities - may not be all. To do well, you must provide the authorities
      - You are given authorities on contract law in this context
      - EVEN IF YOU KNOW THE ANSWER WITHOUT AUTHORITIES, YOU MUST USE THE AUTHORITIES
- - - - If you have an appeal, it is the RATIO OF THE APPEAL COURT that's more likely to be relevant
        
        More important if reversed as opposed to if the case is upheld
        
        Obiter dicta is at best persuasive; you're looking for the RATIO