LPC General Pre Programme Reading

LEGAL PRACTICE COURSE
PRE-PROGRAMME READING
LEGAL PRACTICE COURSE:

Legal Practice Course
Introduction
2.
Business Law and Practice
3.
Property Law and Practice
4.
Litigation
5.
Writing and Drafting (including pre-programme Exercise)
6.
Practical Legal Research
7.
Information Technology
8.
Oral Communication Skills
1.
Introduction
This pre-programme reading contains an indication of certain key

areas of knowledge and understanding that you will be expected to
demonstrate on the LPC. It also contains suggested further reading
to enhance your knowledge and understanding.
The LPC is very intensive and there is not enough time to undertake
a systematic or detailed review of concepts or skills with which you
should already be familiar or have acquired. If, having studied this
document and completed the exercises, you feel that you may fall
short of the levels of knowledge and understanding expected, you
must take steps to ensure that you are appropriately prepared for
the programme. The suggested further reading should be of
assistance.
Contents
1.
In each of the compulsory areas you will need to utilise your

knowledge and understanding of several aspects of the law that you
have previously studied as separate subjects and perhaps at
different times in your legal studies. It is important on the LPC, and
when in practice as a solicitor, not to adopt a compartmentalised
approach to legal problems.
2.
Business Law & Practice (BLP)
There is a separate workbook containing the pre-programme

reading for BLP.
In addition, we recommend that you get used to reading the reports
on UK companies in the financial press, particularly the Financial
Times. It will be useful for your BLP studies and particularly useful
for you if you intend studying Debt Finance, Equity Finance or
Private Acquisitions during the Electives stage of the LPC.
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3.
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Property Law and Practice
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Land law and trusts
Property Law and Practice is concerned with the transfer and grant
of interests in land, and during the LPC you will learn how to apply
your knowledge of Land Law and other legal principles in a clientfocused context.
During the Property Law & Practice module, you will analyse the
buying, selling, mortgaging, letting and underletting of freehold and
leasehold properties. You will work primarily in a commercial
context: acting for a number of clients, you will gain an overview of
the structure of a freehold and leasehold property transactions.
Legal estates and interests

You will need to be able to explain the way in which legal estates
and interests are created and transferred, the way in which the seller
proves their title, and the way in which the buyer investigates the
sellers title. You also need to be able to explain the steps
necessary for the subsequent perfection of the buyers interest in the
property by way of registration.
Example
To be a competent property solicitor you must be a competent land
lawyer: when you deal with a property transaction on behalf of a
client, you will need to be able to identify any legal and practical
problems which may affect, for example, the clients use of the
property. You will spot such issues by understanding your clients
requirements, using your understanding of Land Law, and also your
commercial awareness. Over the course of the module you will
develop your understanding of how to solve these issues in a
practical, client-focused and commercial manner.
Prior to beginning the LPC, you should refresh your understanding
of Land Law. Examples are included to illustrate how you would
apply this knowledge on the programme. As you will see, you will
have to be aware of these principles to deal with problems and
transactions you encounter on the LPC and in practice.
In relation to any areas of the land law syllabus with which you have
difficulty, read the relevant sections in a land law text book such as
Textbook on Land Law by MacKenzie and Phillips.
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Adam Fletcher and Beth Williams run a small business

refurbishing old furniture. They trade in partnership as Fletcher
Williams Furnishings. You have acted for Adam and Beth for
several years, and you have just received instructions from
them that they are looking at two workshop properties in
Lincoln. One is a freehold property, and the other is a lease for
a term of 15 years.
They are not sure which property to
acquire.
You would need to explain the differences between
leasehold and freehold properties, how to ensure that
Adam and Beth acquire legal ownership of the leasehold
or the freehold property, the steps you would take on their
behalf in either transaction, and how their acquisition
would need to be protected by registration at the Land
Registry.
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Equitable interests and licences
Example
During the Property Law & Practice module you will consider
equitable interests in various practical contexts. You need to
understand the way in which equitable interests may arise, and the
way in which those rights must be protected.
Example
Adam and Beth tell you that someone appears to be in
occupation of the freehold property. It does not appear that the
occupier is the seller.
You would need to explain the difference between legal
and equitable interests, the way in which equitable rights
may be acquired by use over time, and the way in which
these rights are protected. You would also need to be able
to advise how to identify the rights of third parties over the
land, and to ensure that the buyer does not buy the land
subject to those rights.
Adam and Beth decide that they wish to acquire the freehold
property, which they will use as a workshop, and they wish to
own the property in equal shares.
You would need to explain the different types of coownership and their consequences, the differences
between legal and equitable ownership and how to
implement Adam and Beths instructions.
Mortgages
You would need to be able to explain the way in which mortgages
are created, the powers of the lender, and the way in which
mortgages are subsequently discharged. You need to be able to
explain the need for registration, at the Land Registry and, if the
borrower is a company, at Companies House.
Example
Joint ownership
You need to have a thorough understanding of joint ownership of
land. This is important when acting for joint buyers, where you
would need to advise the buyers of their options for ownership of the
land, or when acting for a buyer who is acquiring the property from
joint owners, or from the survivor of joint owners.
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Adam and Beths purchase is to be financed with the help of a

legal mortgage from Lloyds TSB Bank plc.
You would need to explain how a legal mortgage is
created, whether or not it needs protection by registration
and the remedies available to the Bank if Adam and Beth
fail to keep up their mortgage payments.
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landowner where they have breached, or intend to breach, restrictive

covenants.
Easements
You need to be able to explain the way in which easements are
created and acquired, and their enforceability by and against third
parties, including the remedies that may be available.
Example
To reach the workshop from the main road, Adam and Beth
must drive along a small road which appears to belong to
someone else.
You would need to explain that Adam and Beth would
require legal rights over the roadway to ensure they can
reach their property. Ideally this should be an express
legal easement and not a licence or equitable easement; if
it is over the land of a third party, you would need to
explain how/whether this can be enforced against a third
party.
You would also need to explain what other rights Adam
and Beth would need in order to have full enjoyment of
their property (eg right to services such as gas, water,
electricity, telephone etc), and how the extent and route of
these rights might be identified.
Example
Adam and Beth wish to build an extension to the workshop.
The land on which the workshop is built is said to be subject to
a restriction preventing such alterations. There is also said to
be an obligation on the owner of the workshop to maintain the
fence enclosing the yard at the rear of the property.
You would need to explain the difference between the
restrictive and positive covenants, how you would check
whether or not such covenants did exist, whether or not
they would be binding on Adam and Beth, and who could
take steps (and what steps) against Adam and Beth for its
enforcement.
Leasehold covenants
You need to be able to explain the creation of leasehold interests in
land, the role leasehold covenants play in regulating the behaviour
of tenants on the land, and the enforceability of covenants, between
landlord and tenant, and, where a sublease has been created,
between head landlord and subtenant.
Freehold covenants
You need to have a thorough understanding of the way in which
restrictive and positive covenants bind land.
You need to
understand the way in which covenants are created and enforced,
the need for indemnity covenants, and the options available to a
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aware of the remedies a buyer will have against the seller in the
event of a misrepresentation.
Example
Business is booming, and Adam and Beth are still looking for
more property to enable their business expansion. They have
found a suitable property close to the workshop. It is a
leasehold property, which they intend to take an assignment of
and use as a shop.
You would need to explain how the covenants contained
in the lease will restrict what Adam and Beth can do in the
shop, and what the current landlord can do to ensure
those covenants are observed. In particular, the lease
would need to be checked to see whether Adam and
Beths proposals would be in breach of any of its terms.
Building on your understanding of Contract Law, during the module

you will also consider the standard contract conditions applicable to
all property contracts, both the Standard Conditions of Sale and the
Standard Commercial Property Conditions. You will consider the
extent of these conditions, their application to your clients
transaction, the way in which the standard conditions may be
excluded or modified, and the way in which the standard conditions
enhance the remedies that may be available to either party for
breach of contract.
Example
There is some further reading below relating to leases.
Adam and Beth cannot move into the workshop on the date
that had been agreed for completion of their purchase,
because the seller will not move out.
Registered and unregistered title

As you give your explanations for each of the examples, you will
need to ensure your advice takes into account whether title is
registered or unregistered and how your advice might differ
accordingly.
Contract
You must have a thorough understanding of Contract Law before
starting the LPC. During the Property Law & Practice module you
will consider the formalities necessary to create a binding legal
agreement for the sale and purchase of land, the terms of that
agreement, and the remedies that will be available to either party for
the breach of that agreement. Additionally, you will need to be
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You would need to explain whether or not there was a

binding contract for the purchase of the workshop (it must
be in writing) and, if so, the remedies available to Adam
and Beth for its breach by the seller.
Adam and Beths purchase could just as easily have taken place in a
residential context. They could, for example, have been buying a
house. An appreciation of similar issues would then be needed and
require resolution.
As Adam and Beths purchase illustrates, when you encounter a
transaction or problem in practice (and therefore also on the LPC),
you need to apply the relevant legal principles in combination. They
do not stand alone. Even with the examples given, you would often
need to apply several principles to be able to advise properly.
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Adam and Beths purchase, if all the issues were put together, would
be the kind of problem you will come across on the LPC. You would
need to apply the law and explain its effect in order that Adam and
Beth can make an informed decision about buying the workshop.
You would also need to apply the appropriate procedure and
mechanics to the whole of their transaction to ensure Adam and
Beth do become owners of the workshop free from any adverse
interests. However, you must first be aware of, recognise and
understand the relevant principles of law.
Creation of a legal lease
Leases
Even though it is for a term of years absolute a lease may

nevertheless be brought to an end prematurely e.g. by forfeiture
(where the landlord brings the lease to an end because of the
breach of the terms of the lease by the tenant), or surrender (where
both parties agree to bring the lease to an end). The crucial point is
certainty: there must be a readily ascertainable date beyond which
the lease cannot possibly continue.
A significant part of the Property Law & Practice module requires

you to advise clients with regard to their leasehold interests. You
will be expected to advise confidently on the grant and transfer of
leasehold interests, the interpretation of lease clauses, the remedies
both landlord and tenant may have against the other, including the
way in which leases may be terminated, and the rights that a
commercial tenant may have following the expiry of their lease.
A good understanding of leasehold interests is therefore essential
for the Property Law & Practice module, and, because of the
importance of leasehold property to businesses, it is also desirable
in connection with your wider understanding of the commercial
context in which the LPC operates.
It is important therefore that you understand the law relating to
leases. If the academic stage of your training did not include any
elements of leasehold law, the following reading is designed as a
brief introduction to the law; if you did study leases as part of the
academic stage of training, this reading is designed to refresh your
understanding of the area.
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Since 1925 two legal interests in land may exist at law: freehold
interests, and leasehold interests (known as a term of years
absolute). This part of the pre-reading focuses on leasehold
interests.
In order to be a term of years absolute the lease must be for a fixed
and certain term. Thus a lease for the duration of the war cannot
create a legal lease (Lace v Chantler [1944] KB 368).
Statutory requirements
To create a legal estate, a lease must be created by deed (s.52 LPA
1925).
A lease may be created without formality (s.54(2) LPA 1925)
provided the tenant takes immediate occupation and pays a market
rent. This includes periodic tenancies (see below). The effect of this
is that most short periodic tenancies take effect as legal estates
even though created quite informally, so long as they are
accompanied by the grant of immediate possession.
Such
occupation will be binding on the purchaser of the land from the
landlord.
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to quit. In practice periodic tenancies are yearly, quarterly, monthly,

fortnightly or weekly.
Failure to comply with common law requirements

Provided a purported grant satisfies s.2 LP (MP) A 1989, Equity will
treat it as an agreement to grant a lease of which it will normally
allow specific performance for the execution of a proper legal lease.
Equity looks upon that as done which ought to be done, so in the
eyes of Equity a lease has already been granted. There are,
however, a number of defects to equitable leases, e.g. the equitable
lease may not be enforceable against third parties.
Different types of tenancy
An essential characteristic of a lease is that it confers exclusive
possession on the tenant and a right of general control over the
property, including a right to exclude all others including the landlord.
A lease must therefore be distinguished from a licence, which
confers a right of occupation which may or may not be contractual,
and which in any event does not confer a legal estate in the land.
During the Property Law & Practice module you will be focusing on
leases which have been expressly granted for a term of years, but
you must also be aware of other types of lease, because commercial
leases are often granted with little or no formality (for example by
simply letting someone into occupation and collecting a rent from
them). These types of tenancies cause many difficulties in practice,
as it can prove very difficult for a landlord to obtain vacant
possession of the property in these circumstances.
An
understanding of all types of tenancy and occupation (for example,
licences and tenancies at will) is therefore essential.
A periodic tenancy may be created expressly, or impliedly by

payment and acceptance of rent on a periodic basis e.g. monthly
payments of rent without agreement on a fixed term may create a
monthly periodic tenancy.
Tenancy at will
A tenancy at will arises where the tenant occupies land with the
landlords consent on the understanding that either party may
terminate the tenancy at any time. There is tenure between L and T;
there is a personal relationship which ends if either party dies or
assigns his or her interest. There is however no estate.
Tenancy at sufferance
This arises where a tenant holds over i.e. remains in possession
without the consent of the landlord after the lease has come to an
end. His original entry was lawful and his continued occupation does
not therefore constitute a trespass.
Conversion to periodic tenancy
If a tenant at sufferance or a tenant at will pays rent by reference to
a period, a common law periodic tenancy is immediately created. In
these circumstances the former tenant at sufferance or tenant at will
may enjoy security of tenure.
The distinction between a lease and a licence
Periodic tenancy
Essential features
This is a tenancy that runs from period to period whereby the period
is automatically renewed unless and until either party serves notice
upon the other that the tenancy is to come to an end. This is a notice
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landlord. It also confers overall control over the property. A licence

on the other hand confers merely a personal permission to occupy,
and justifies that which would otherwise be a trespass; it does not
confer a proprietary interest in the land.
The importance of the distinction
Only a tenant under a lease has an estate in the land which is
capable of assignment. A lease is capable of binding a transferee of
land, whereas a licence is not (subject to the possibility of estoppel,
constructive trust, etc.). Only a tenant, not a licensee, is entitled to
sue a third party for nuisance or trespass, and only a tenant may be
subject to the remedy of distress for arrears of rent.
Most importantly security of tenure (i.e. the right to continue the
tenancy beyond the contractual expiry date and the right to request
a new tenancy be granted) of residential and business
accommodation is only available to a tenant, and not to a licensee.
This last attribute has encouraged landlords to attempt wherever
possible to create a licence rather than a tenancy with a view to
defeating security of tenure, though the problem is less pressing in
the case of residential tenancies since the Housing Act 1988 which
has reduced tenants security of tenure by virtue of the creation of
the assured shorthold tenancy.
Street v Mountford
In Street v Mountford [1985] AC 809 it was held that the facts
disclosed that a tenancy rather than a licence had been created. The
House of Lords used the test of exclusive possession. The Court
looked at the substance of the transaction not its label: "the
manufacture of a five pronged implement for manual digging results
in a fork even if the manufacturer, unfamiliar with the English
language, insists that he intended to make and has made a spade."
(per Lord Templeman).
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A lease creates an estate in the land which confers a right of

exclusive possession enforceable against all others including the
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Where an agreement provides:

1.
exclusive possession
2.
for a term
3.
at a rent
the result will normally be a lease, irrespective of what the parties

called it or claimed it to be.
Later cases have considered the question of what is, and what is
not, exclusive possession.
It is possible to have a lease without payment of any rent although
this is unusual.
Implied obligations of landlord and tenant under a lease
Certain obligations may be implied where there has been no express
agreement between the parties.
Tenants implied covenants:
To pay rent, rates and taxes
Not to commit waste (i.e. not to damage or improve the
property).
To allow landlord to enter and view where the landlord is
impliedly or expressly under an obligation to repair. Usually,
an express lease will contain a right for the landlord to enter
and view the property, usually on notice or by appointment.
Landlords implied covenants:
Quiet enjoyment
This is a covenant by the landlord that the tenant will be free
from disturbance by adverse claimants to the property.
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Examples of breaches include the erection of scaffolding

hindering access to the property (Owen v Gadd [1956] 2 QB
99), and persistent intimidation of the tenant to induce him or
her to leave (Kenny v Preen [1963] 1 QB 499).
Not to derogate from his grant
A landlord cannot seek to take away with one hand what he
has given with the other. Derogation of grant can overlap with
breach of covenant for quiet enjoyment but there may also be
breach of the former where there is no breach of the latter e.g.
landlord must not let adjoining premises for a use which may
adversely affect the purposes for which the premises have
been let.
Repair
At common law there is no implied covenant by the landlord to
repair the premises. Note however that there are certain
statutory repair obligations.
The enforceability of covenants

In advising either a landlord or a tenant in connection with a breach
of the terms of a lease, it is essential that you consider the liability
that either party may have. A distinction must be drawn between
leases granted before 1 January 1996 (old leases) and leases
granted on or after 1 January 1996 (new leases). The reason for
this is that the Landlord and Tenant (Covenants) Act 1995 altered
the continuing liability of tenants.
Leases granted before 1 January 1996
Privity of contract in old leases
The relationship between original landlord and original tenant is
contractual. Privity of contract therefore exists between them. By
virtue of this contract all the terms in the lease, regardless of their
nature, can be enforced by and against the original landlord and the
original tenant.
Limitations of implied covenants

The implied obligations on either party above are extremely limited.
In particular there are no restrictions on the tenant dealing with such
things as assignment or subletting, changing the use of the property,
insurance, altering the property or altering the amount of rent (rent
review). There is no obligation (on the tenant) to repair except
possibly in a fixed term of years.
There is also no implied right of forfeiture by the landlord in the event
of breach by the tenant of any of the covenants.
Clauses to cover these obligations are usually expressly included in
leases. Express covenants and remedies for breach will be
considered on the Legal Practice Course.
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Privity of estate in old leases

The lease is not only a contract; it also gives the lessee a legal
estate in the land. There is therefore said to be privity of estate
between the landlord and tenant for so long as they are respectively
landlord and tenant, as each owns a legal estate in the same
property. Once either party assigns their interest, privity of estate
ceases, but privity of contract may continue.
Head landlords and sub-tenants in both old and new leases
There is neither privity of estate nor privity of contract between head
landlord and sub-tenant. The head landlord will however be able to
take action against the immediate tenant if the sub-tenants conduct
puts the intermediate landlord in breach of the obligations in the
head lease. If the head landlord forfeits the headlease the sublease
automatically terminates, subject to a claim for relief; thus the threat
of this may be an incentive to the sub-tenant to observe the
covenants in the headlease.
Usually in practice the sub-tenant will be required to enter into a
direct covenant with the head-landlord, which will ensure that the
head-landlord is able to fully enforce all covenants directly against
the sub-tenant.
Original tenants liability on assignments of old leases
As mentioned above the original tenant remains liable on all the
terms and conditions of the lease for its full term. In addition the
assignee can be liable and in the first instance the landlord will
doubtless seek to recover direct from the assignee. Should, however
the assignee be unwilling or unable to pay, the original tenant can,
and often will be, sued. This will result in the payment of damages
for a breach committed by someone else.
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In pre-1996 leases this liability continues for the full duration of the
term, even after an assignment of the reversion (being the
Landlords interest in the property) or the lease itself, unless the
lease expressly states to the contrary. This rule is reinforced by s.79
LPA 1925 which states a covenant relating to any land of a
covenantor shall, unless a contrary intention is expressed, be
deemed to be made by the covenantor on behalf of himself, his
successors in title and the persons deriving title under him or them.
It follows that the original tenant in a pre-1996 lease remains liable
for the whole term of the lease e.g. for the rent and other payments
due under the lease long after the lease may have been sold or
given away.
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At common law, a subsequent assignee in possession is liable to

indemnify the original tenant direct for breaches committed by the
assignee until he reassigns. The cause of action is in quasi-contract
(Moule v Garrett (1872) LR 7 Ex 101), but is clearly of limited value.
If the assignee in possession was worth suing, the landlord would
have sued him (rather than the original tenant) in the first place!
S.77 LPA 1925 provides that every assignment for valuable
consideration shall be deemed to include a covenant by the
assignee with the assignor to pay the rent and to perform all the
covenants touching and concerning the land for the remainder of the
lease. In relation to registered land, see s.134 and para 20,
Schedule 12, LRA 2002. This creates a chain of indemnity
between the original tenant and the assignees.
In practice, express indemnity covenants will almost always be
inserted into the deed of assignment between the tenant and the
assignee. This is vital in the case where there is no money being
paid between the tenant and the assignee (as is usually the case in
commercial short-term leases in practice), as s.77 only implies an
indemnity where there is valuable consideration.
The Landlord and Tenant (Covenants) Act 1995
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)
came into force on 1 January 1996.
The Act abolishes privity of contract for all new leases (i.e. leases
created on or after 1 January 1996) and therefore abolishes
continuing original tenant liability. In return landlords are given
greater powers to control assignments and in certain circumstances
an outgoing tenant may be required to guarantee his/its immediate
assignee to the landlord by way of an authorised guarantee
agreement. The Act also allows landlords of new leases to apply for
release from liability on a disposal of the reversion.
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The new rules apply only to new leases i.e. leases granted after the
Act came into force (1 January 1996). There are some exceptions
e.g. where an option for a lease or an agreement for lease was
entered into before 1 January 1996, but was not exercised/
completed until afterwards.
The abolition of privity for new leases is contained in the basic rule
that a tenant under a new lease will be liable on the lease covenants
only while the lease is vested in him s.5 LT(C) A 1995. S.3 provides
for the benefit and burden of all landlord and tenant covenants to
pass on assignment to the assignee.
The termination of leases
There are various ways in which a lease may be brought to an end.
The relevant methods for the purposes of the LPC are:
Effluxion of time
Break clause
Surrender
Merger
Forfeiture
Note however that at the end of the lease the tenant may have
security of tenure e.g.
1.
business tenancies are protected by Part II of the Landlord

and Tenant Act 1954; if the tenant follows certain procedures
and time limits he is entitled to apply to court for the grant of a
new lease and in the meantime the existing lease
automatically continues (see below);
2.
a residential tenant may have rights under the Rent Act 1977
or the Housing Acts 1985 and 1988.
Termination by a break clause

A lease for a fixed term may contain a provision allowing either party
to serve notice during its currency to bring it to a premature end.
Termination by surrender
Surrender is the handing back of the lease by the tenant to the
landlord with the landlords consent. This results in premature death
of the lease. Surrender may be express or implied.
Termination by merger
There are other methods of termination, such as enlargement and

frustration, which are exceedingly rare in practice or which, whilst
common, are not directly relevant for the purposes of the LPC, such
as notice to quit exercised in connection with a periodic tenancy.
Termination by effluxion of time
This is the usual common law way in which a lease for a fixed term
comes to an end. The lease runs its natural course and comes to an
end at the expiry of the contractual term.
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contain a forfeiture clause. In a legal lease this creates a legal right

of re-entry (which is one of the five legal rights listed in s.1(2) LPA
1925), which means that a landlord can exercise his right to forfeit a
lease even after the tenant who committed the breach has assigned
the lease: the right to forfeit is a legal right which follows the lease
into the hands of the assignee.
This is the converse of surrender; the tenant acquires its landlords

interest, thus becoming its own landlord, and the lease is absorbed
by the reversion and destroyed.
Termination by forfeiture
This is a right for the landlord to retake physical possession of the
premises where the tenant is in breach of the terms of the lease,
thereby prematurely terminating the lease.
The right to forfeit is never implied. An express provision must be
included in the lease, or the lease expressly made conditional upon
the performance of the covenants. Every well drawn lease should
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Tenancies excluded from the 1954 Act

Certain tenancies are excluded from the Act by s.43: agricultural
tenancies; mining leases; tenancies granted during the holding of an
office, appointment or employment; tenancies for a term not
exceeding six months (subject to certain conditions). Case law also
excludes tenancies at will.
Business Tenancies and security of tenure

Contracting Out of the 1954 Act
This is a short introduction to the concept of security of tenure in
business leases. The mechanics of the Landlord and Tenant Act
1954 Part II will be considered in detail on the Legal Practice
Course.
The Landlord and Tenant Act 1954 Part II
The landlord and tenant can agree to contract out of the provisions
of the Act. The landlord must serve notice on the tenant warning him
that he is giving up important legal rights, and the agreement to
contract out must be endorsed on the lease. If a lease is contracted
out it will not enjoy security of tenure beyond the end of the original
lease.
Business tenants are protected by the Landlord and Tenant Act

1954 Part II. This Act allows business tenants to stay on in the
property at the end of their lease and to apply for a new tenancy. If a
tenancy is protected by the Act, it will automatically continue after
the contractual end date, unless it is terminated in a way prescribed
by the Act. The principal methods are service of a notice either by
the landlord or the tenant. The landlord or the tenant can then apply
to the court for a new tenancy or in the case of the landlord, for an
order that there shall be no new tenancy (if this is his wish). The
tenant is entitled to the new tenancy unless the landlord has a
ground of opposition as set out in the Act.
Who does the 1954 Act apply to?
The Act protects tenants who occupy premises for the purpose of a
business.
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4.
A basic understanding of the rules of evidence is desirable but not

essential.
Litigation
On commencing the LPC you will be expected to demonstrate a

basic knowledge and understanding of a number of areas of
substantive law which will form the basis of the litigation module.
You should have a basic knowledge of these areas at the beginning
of the programme but will be expected to research them further as
necessary during the programme.
The following is a brief reminder of the basics of these areas but you
should consult any standard contract, tort or crime text to ensure you
understand these areas prior to commencing the LPC.
Civil Litigation
The main areas of law relevant to the litigation module will be:
Civil litigation
Tort of Negligence (one of the case studies relates to negligent
advice given by a professional)
1.
Tort of Negligence
1.1
What is the tort of negligence?
Negligence has been defined as the breach of a legal duty to take

care, which results in damage... (Winfield and Jolowicz on Tort).
Contract (one of the case studies relates to the sale of goods

between businesses)
1.2
Elements
Criminal litigation
The tort consists of three elements:
Theft and Burglary
Offences against the person
Misuse of Drugs Act offences
Public order offences
Offensive weapons
Other areas
1.
The defendant must owe a duty of care to the claimant. The

law has developed a great deal since the duty in respect of
personal injury was imposed on a manufacturer in Donoghue v
Stevenson. You should be aware of the main areas in which
the law recognises a duty of care and in particular the duties in
relation to economic loss.
2.
The defendant must have breached the duty of care which he

owes to the claimant. This is an objective standard, the
standard of the reasonable person.
3.
The claimant must suffer damage as a result of the

defendants breach of his duty of care. There are two issues:
EC law
The Human Rights Act 1998
In addition you should have a clear understanding of the Court
system and the operation of the judicial process from both a criminal
and civil justice perspective.
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b)
1.3
a)
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remoteness: as a matter of law, did the defendants

negligence cause the loss to the claimant? (The kind of
damage must have been reasonably foreseeable).
Contributory negligence
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Contributory negligence is a partial defence and the defendant must

prove two things:
1.
2.
The claimant was at fault i.e. ...did not in his own interests
take reasonable care of himself and contributed, by this want
of care, to his own injury.
The claimants negligence must contribute to the damage
which he has suffered. It is not necessary that the claimants
negligence contributed to the actual breach of duty.
e.g. a claimants damages may be reduced because he was

negligent in not wearing a seat belt. His negligence in no way
contributed to the accident but did contribute to his injury.
Damages cannot be reduced by 100% on the ground that the
claimant was guilty of contributory negligence.
Section 1(1) of the Act states that damages awarded to a claimant
who has been contributorily negligent are reduced to such extent as
the court thinks just and equitable having regard to the claimants
share of the responsibility for the damage.
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1.4
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Joint and several liability
There may be more than one potential defendant:

1.
Two people may cause the same damage. For example,

where a number of vehicles have been involved in a collision
more than one vehicle driver may have been negligent.
2.
If an employee commits a tort in the course of employment

then the employer is jointly liable with the employee due to the
principle of vicarious liability.
The loss may have been caused partly by the claimants own
negligence and partly by the negligence of the defendant. If so, the
damages which the claimant receives will be reduced.
Section 1 Law Reform (Contributory Negligence) Act 1945.
causation: as a matter of fact, was the defendants

negligence a cause of the loss, and
The claimant may recover damages for the full amount from either or
both defendants, but he can only recover damages once. The
defendants will be jointly and severally liable.
Section 1(1) of the Civil Liability (Contribution) Act 1978 enables the
court to apportion liability as between co-defendants.
Section 2 (1) of the Act states that the amount recoverable from any
defendant shall be such as may be found by the court to be just and
equitable having regard to the extent of that persons responsibility
for the damage in question.
The court may exempt the defendant from having to pay a
contribution or order him to make a complete indemnity to the other
defendant (section 2(2)).
1.5
Remedies
The principal remedy of a claimant in a tort action is damages.

The fundamental principle is that the claimant is entitled to be put
back in the position he would have been in had the tort never
occurred.
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You should be aware of the basic principles governing damages in

tort.
2.
Liability in Contract for the sale and supply of

defective goods
2.1
Elements
Section 1 (2) (a) provides that:

...goods are of satisfactory quality if they meet the standard that a
reasonable person would regard as satisfactory, taking account of
any description of the goods, the price (if relevant) and all other
relevant circumstances.
Note: Satisfactory quality may include fitness for purpose,
appearance and finish, freedom from minor defects, and safety and
durability (Section 1 (2) (b)).
Again, this consists of 3 elements:

1. Duty (or term)
Sale and Supply of Goods Act 1994 (SSGA) and the Sale of
Goods Act 1979 (SGA).
These Acts protect the buyer by implying (inter alia) into a contract
where goods are sold in the course of business, two terms:
Section 1 SSGA: satisfactory quality (amending s14(2) SGA)
where the seller sells goods in the course of a business, there
is an implied term that the goods supplied under the contract
are of satisfactory quality.
Section 1 (2) (c) introduces three exceptions.
There is no such implied condition:
a)
as regards defects specifically drawn to the buyers attention

before the contract is made
b)
if the buyer examines the goods before the contract is made,

as regards defects which that examination ought to reveal
c)
in the case of a contract for sale by sample, which would have

been apparent on a reasonable examination of the sample.
Section 14 (3) SGA: Fitness for particular purpose:

where the seller sells goods in the course of a business and
the buyer expressly or by implication, makes known:
a) to the seller or
b) where the purchase price or part of it is payable by
instalments and the goods were previously sold by a credit
broker to the seller, to that credit broker
any particular purpose for which the goods are being bought,
there is an implied term that the goods supplied under the
contract are reasonably fit for that purpose, whether or not that
is the purpose for which such goods are commonly supplied,
except where the circumstances show that the buyer does not
rely, or that it is unreasonable for him to rely on the skill or
judgment of the seller or credit broker.
2.
Breach
The claimant must prove the goods were defective. This is a

question of fact.
3.
Damage
The claimant must show he suffered loss. If not, only nominal

damages will be awarded.
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or all of the goods, but has accepted some of them, he does

not by accepting them lose his right of rejection of the rest.
2.2
Remedies
2.2.1
The right to reject

b)
1.
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Sale of Goods
What can amount to rejection?
- Section 34 SGA.
The terms implied by the SGA are classified by the Act as conditions
rather than warranties (subject to Section 4 SSGA above).
This provides the buyer with rights of examination before

acceptance. This is particularly important where the goods are not
seen at the time of purchase.
This means that a buyer who rejects the goods for breach of
condition can recover the price paid because there has been a total
failure of consideration as a result of the suppliers breach.
- Section 2 SSGA.
Not only may the buyer recover the price but also consequential
loss. For example, damages for personal injury caused by an
unsatisfactory product, or loss of net profit where this would have
been made by the use or re-sale of the unsatisfactory goods.
2.
Other supply contracts
There is an implied term to use reasonable skill and care in carrying

out work (Section 13 Supply of Goods and Services Act 1982). This
is a hybrid term known as an intermediate stipulation or innominate
term. This means that the remedies available to the consumer
depend on the severity and consequences of the breach.
The loss of the right to reject
1.
Sale of Goods
a)
Section 3 SSGA inserts Section 35A into the SGA (and

therefore makes consequential amendments to Section 11 of
the SGA), so as to provide that if a buyer has the right to reject
the goods by reason of the sellers breach which affects some
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c)
When can the right to reject be lost?
Essentially when a buyer has been deemed to accept the goods i.e.
when:-
The equivalent terms as above are implied into contracts for work
and materials, hire of goods and hire purchase.
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This amends Section 35 SGA, so as to provide that where goods

have been delivered to a buyer who has not previously examined
them, the buyer is not deemed to have accepted them until he has
had a reasonable opportunity to examine them.
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i)
he has accepted them expressly; or
ii)
does any act in relation to the goods which is inconsistent with

the ownership of the seller; or
iii)
after the lapse of a reasonable time he retains the goods

without intimating to the seller that he has rejected them.
Where the right to reject has been lost, the buyer must treat any
breach of condition e.g. implied term as to satisfactory quality as a
breach of warranty and the only remedy lies in damages.
2.
Other supply contracts
a)
In other supply contracts, the common law principle of

affirmation applies. Thus, the right to reject will be lost if the
contract is affirmed by the buyer.
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b)
Unlike acceptance, affirmation can only occur when the buyer

actually becomes aware of the defect.
3.
Limitation of actions
This is a very basic resume of the law only.

2.2.2
Damages
The object of damages in contract is to place the claimant in the

same position as if the contract had been performed properly. The
claimants loss of bargain may be compensated as may loss of
profit and out of pocket expenses.
Remoteness: a claimant cannot recover all loss flowing from a
breach of contract - this would lead to inequitable results. Two cases
have established methods for limiting damages:
The Limitation Act 1980 provides that the basic limitation periods
within which a claim must be brought are:
1.
Contract - 6 years from date cause of action occurred.
2.
Tort (other than a claim for personal injuries and death) - 6

years from date cause of action accrued.
3.
Personal Injuries and Death - Three years from either:
a)
date on which cause of action accrued; or
b)
date of the claimants knowledge
whichever is earlier.
Hadley v Baxendale (1854)

and
The Heron II (1969)
4.
Glossary of terms
These establish:
a)
the defendant is liable for damage arising directly from the

breach;
b)
the defendant is also liable for other damage which can fairly
or reasonably have been within the contemplation of both
parties at the time the contract was made, as a probable result
of the breach of it.
The following glossary is for guidance only. It contains terms in

common use in Civil Litigation. Some have technical meanings.
Their descriptions below are not intended to be dictionary definitions,
nor are they comprehensive.
Acknowledgment of
Service
A form completed by a defendant after

service of the Particulars of Claim. The
Acknowledgment of Service will
indicate whether the defendant intends
to defend the claim.
The claimant must take reasonable steps to mitigate his loss. What
is reasonable is a question of fact.
Affidavit
A written statement sworn on oath.
If the claimant fails in the duty to mitigate his damages are reduced.
Affirmation
A written or oral solemn declaration

made without taking the oath.
The duty to mitigate

A claimant cannot recover anything by way of extra loss due to a
failure to minimise or mitigate his loss.
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Arbitration
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Procedure by which an impartial,

independent decides the outcome of a
dispute between two or more other
parties.
Corroboration
Independent supporting evidence.
Counsel
A barrister. Barristers may either be

Queens Counsel or Junior Counsel.
Bailiff
An officer of the County Court who

serves court documents and executes
orders and judgments.
Counterclaim
Where the defendant has a claim

against the claimant that claim may be
brought in the claimants own
proceedings by way of a Counterclaim.
Brief (to Counsel)
Summary of case, outline of legal

arguments
and
necessary
documentation sent to counsel by the
solicitor in preparation for trial. The
brief will also instruct counsel to appear
in court.
Damages
Monetary
compensation.
General
damages are the compensatory
amounts which have to be assessed by
the court; special damages are precise
sums claimed by the claimant to
compensate for exact sums expended
or to be expended.
Defendant
The party alleged to have committed

the wrong in respect of which the
proceedings have been taken.
Defence
The defendants statement of case.
Deponent
A person who gives affidavit evidence.
Detailed assessment
The process by which an officer of the

court determines the amount of (of
costs) costs that should be payable by
one party to another.
Directions
Instructions given by the court and/or

agreed by the parties as to the steps to
be taken before the trial. There may be
an interim hearing for directions (a
case management conference) or
Burden of proof
The obligation of proving the facts. In a

civil court the burden lies with the
claimant.
Chambers
Not in open court. A minority of interim

applications are held in chambers.
CPR
Civil Procedure Rules - the Rules of

Court.
Claimant
The
party
proceedings.
Claim form
The form initiating legal proceedings.
Contributory Negligence
Negligence of a claimant which

contributes to the happening of an
accident or injury. Damages may be
reduced as a result.
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who
initiates
legal
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directions may be set by the court

without a hearing.
Admissible in civil proceedings, though

subject to the Civil Evidence Act 1995.
An incapability to enjoy ordinary legal

rights. E.g. persons under 18 or
mentally incapacitated persons. See
Litigation friend.
Issue
To initiate proceedings at court.
Inquest
Proceedings presided over by a

coroner to determine cause of death.
Disclosure
The process by which the existence of

relevant documents (and in certain
circumstances relevant facts) must be
disclosed to the other party.
Instructions to Counsel

arguments
and
necessary
documentation sent to counsel for
advice or the drafting of a statement of
case.
Discontinuance
A voluntary termination of proceedings

by the claimant.
Interim hearing
District Judge
A judge of the County Court and the

provincial High Court who deals with
most interim matters and some County
Court trials.
An application or hearing made after

proceedings have begun but before the
trial.
Interim order
An order of the court made before the

final determination of proceedings.
Judgment
A determination of the court. It may be

final, where the judgment finally
disposes of the action, or interim,
where further determination has to be
made.
Jurat
The short statement at the bottom of an

affidavit stating when, where and
before whom it was sworn.
Letter of Claim
A communication written by a
prospective claimant or his solicitor
informing the prospective defendant of
the intention to commence legal
proceedings.
Disability
District Registries
The provincial courts of the High Court.
Fast Track
The procedure for dealing with cases of

a value of (usually) 5,000 to 25,000.
Further Information
A more detailed explanation of some

aspects of a statement of case. The
further information provided will have
been preceded by a request.
Hearsay
Evidence of an oral or written

statement made on a previous
occasion which is adduced in court to
prove the truth of what it says.
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Litigation friend
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Person appointed to bring an action on

behalf of a person under a disability.
Master
London equivalent of a District Judge.
Mediation
A confidential process intended to

facilitate the resolution of disputes
through an impartial third party. The
mediator has no authority to make any
decision which is binding on the
parties.
Minor
Litigant under the age of 18. Will be

represented by a litigation friend.
Multi Track

a value of 25,000+.
Open Letter
A communication which is not without

prejudice, the parties intending to be
bound by the contents.
Overriding Objective
The principle that the court must deal

with cases justly. This overrides all
other procedural rules.
Particulars of Claim
The claimants statement of case.
Pre-Action Protocol
A set sequence of steps to be taken

prior to beginning an action.
A hearing held close to trial to ensure
the case is fit to be tried.
Pre-Trial Review
Quantum of Damages
The amount of damages.
Queens Counsel
Senior barristers, also known as silks.
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Return Date
Date provided by the court for an

interim hearing.
Service
Recognised
delivery
of
formal
documentation issued by the court.
Sheriff
Equivalent of County Court Bailiff but

with wider powers.
Small Claims track

a value up to 5,000 (1,000 for
personal injury).
Specified Damages
A specific sum of money due to the

claimant the precise amount of which is
capable of being calculated at the
outset of proceedings.
Standard of Proof
In civil claims, balance of probabilities.
Statement of Case
The document setting out details of a

partys case.
Statement of truth
A short statement at the end of a

witness statement or statement of truth
confirming that the content of the
document is true.
Unless Order
An order requiring a party to take a

procedural step where in default of
taking that step the party will incur a
penalty.
Unspecified Damages
Monetary compensation the amount of

which cannot be determined at the
outset of proceedings.
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Criminal Litigation
Vicarious Liability
The principle that a person can be

responsible for the wrongful act of
another, e.g. an employer is liable for
the negligent acts of an employee in
the course of employment.
Warned List
List of cases to be heard in the near

future or at short notice.
Without notice
E.g. injunction granted without notice.

A hearing which takes place in the
absence of the other party.
Without Prejudice
A communication, oral or written, made

in an attempt to settle a dispute which
may not be disclosed to the court
without agreement.
Witness
A person who gives evidence.
Witness statement
The written version of a witness

evidence.
[Note to students: You will find a fuller glossary in the CPR

themselves.]
The criminal litigation module builds on the criminal law module that
you have completed on the undergraduate or CPE/PgDL
programme. You will be expected to already know about the
following areas of law:
1.
Theft
2.
Burglary
3.
Robbery
4.
Going Equipped
5.
Fraud and deception related offences
6.
Common Assault
7.
Assault occasioning Actual Bodily Harm
8.
Grievous Bodily Harm
9.
Public Order offences (for example, affray)
10.
Possession of Controlled Drugs and Possession of Controlled

Drugs with Intent to Supply
11.
General defences
12.
Attempts/participatory offences.
It is recommended that before you commence the programme you

should refresh your memory as to the actus reus and mens rea of
the above offences.
During the programme you will also be introduced to areas of law
that you may have studied before but it is not assumed that you will
have studied these before. These areas will be covered from new on
the LPC. They are:
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3.
Interviews under caution, the right to silence and inference

from silence
4.
The categories of offences, and determining the appropriate

venue
5.
Bail
6.
Sentencing
7.
Preparing for trial including understanding the rules of

evidence (including confessions, opinion evidence, and
identification)
Substantive criminal law is important to the programme but the main

focus will be on the procedural rules, evidential rules and the tactics
of defence work, for example advising your client whether to answer
questions in a police interview.
The criminal litigation module revolves around various case studies
based on fictitious clients who consult your firm with a variety of
problems. For example, you could be advising a client at the police
station who has been arrested on suspicion of possession of
controlled drugs with intent to supply and assault. In advising your
client you will need to evaluate the police case against the client.
This will involve a consideration as to whether each element of the
offences that are alleged to have been committed.
Anatomy of the Criminal Justice Process
Broadly, the criminal litigation process, and therefore the Criminal
Litigation module can be divided into the following categories:
(1)
(2)
(3)
The investigatory stage.

The procedural stage.
Trial, and if relevant sentence and appeal.
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Police powers (powers of stop and search, arrest, detention

and questioning)
2.
Professional Conduct and criminal litigation
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of an Offensive weapon contrary to s.1 Prevention of Crime Act

1953 and Assault Occasioning Actual Bodily Harm contrary to s.47
Offences Against the Person Act 1861.
During this stage of the programme will also be analysing police and
other investigatory powers and the rights and safeguards of
suspects who are the subject of an investigation. Such powers and
safe guards are in the main, found in the Police and Criminal
Evidence Act 1984 and the European Convention on Human Rights.
Also, during the investigatory stage we will be considering the issues
of funding, Professional Conduct and the Criminal Procedure Rules.
During the procedural stage we will consider the commencement of
proceedings, bail, and how a case eventually arrives in the Crown
Court for trial before a judge and jury. The more important statues at
this stage are the Magistrates Courts Act 1980, the Criminal Justice
Act 2003, the Bail Act 1976, the Crime and Disorder Act 1998, and
the Criminal Procedure Rules.
In the final stage we will be considering preparing for trial, case
analysis and criminal evidence. As far as criminal evidence is
concerned we will be considering: admissibility, competence and
compellability, opinion evidence and expert evidence, confessions,
hearsay evidence and character evidence. The most important
provisions dealing with criminal evidence are found in the common
law rules, the Criminal Justice Act 2003 and the Police and Criminal
Evidence Act 1984. We will also need to consider the sentencing
process which in the main is governed by the Power of Criminal
Courts (Sentencing) Act 2000 and the Criminal Justice Act 2003.
The solicitors role
During the investigatory stage we will be analysing substantive

offences such as Theft contrary to s. 1 Theft Act 1968, Possession
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1.
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Solicitors are involved at every stage of the prosecution of a criminal

offence, from the investigation stage to summary or Crown Court
trial. Solicitors are commonly called upon to advise a client being
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detained in the police station before they are charged. Very often
difficult decisions have to be made with the client such as, should
the client answer questions in interview or agree to participate in an
identification procedure. Once a client is charged with an offence or
offences, the solicitor may be involved in securing public funding for
the clients defence and in trying to secure his release on bail.
Criminal proceedings in a magistrates court will usually be
prosecuted and defended by solicitors. If case is sent to the Crown
Court the solicitor will continue to be involved, although most
solicitors have a limited right of audience in the Crown Court. Their
main role is in preparing the case for trial or sentence and briefing a
barrister (counsel) to represent the client in the Crown Court.
The initial stage of the criminal justice process is an investigation
carried out by a statutory investigatory body such as the police.
However, there are other investigatory bodies such as HM Revenue
and Customs, the Serious Fraud Office, The Financial Services
Authority. Following an investigation if there is sufficient evidence to
prosecute, then either the accused will be charged with an offence
and brought before a court or summonsed to appear before the
court.
The first hearing in the magistrates court
Other than for defendants under the age of 18 years, the first
appearance will always take place in the magistrates court,
regardless of the relative seriousness of the offence or offences
charged or summonsed for.
The magistrates court is made up of either 3 lay magistrates known
as justices, or a full-time District Judge (Criminal) who sits on his or
her own. The court is assisted by a magistrates clerk. If lay
magistrates are sitting, one of the functions of the clerk is to advise
the magistrates on the law. A District Judge (Criminal) is a properly
qualified solicitor or barrister who sits either as a full time or part time
District Judge at the magistrates court and is the tribunal of fact and
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Likewise whenever a case is heard in the Crown Court a defendant

is tried on indictment. This is the case whether the offence is
indictable only or either-way. Some statutes refer to indictable
offences. This means offences which potentially can be tried on
indictment i.e. either-way offences or indictable only offences. For
example, certain police powers under the Police and Criminal
Evidence Act 1984 only apply when a suspect detained at a police
station has been arrested for an indictable offence. It matters not, for
the purpose of the operation of the police powers concerned, that
ultimately the suspect is not charged with an indictable offence, and
in many such occasions the suspect might not be charged with any
offence at all.
Procedure in the criminal courts
There are two ways in which a person might find themselves before
a criminal court. For less serious offences, which includes most
summary only offences, the police will lay an information before the
magistrates. An information is essentially a statement setting out the
facts, that the police or the appropriate investigatory body, claim
amount to an offence. The magistrates clerk will then issue a
summons summonsing the accused to appear at court on a later
date. In England and Wales thousands of summonses will be issued
by magistrates courts each week.
The second way a person might find themselves in a criminal court
is when he or she has been formally charged by the police. The
charge sheet will set out the offence or offences the accused is
alleged to have committed and will require the accused to attend the
magistrates court on a future date. On occasions, following charge
the police will deny the accused police bail and the accused will be
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law unlike lay magistrates (members of the public) who are tribunal
of fact only and are advised on the law by the clerk.
The nature of the offence
What happens during the first hearing depends on the nature of the
offence.
Offences fall into one of three categories:
Summary only offences
Indictable only offences
Either -way offences
Purely summary only offences are those that can only be tried by a
magistrates court. They include almost all motoring offences.
Purely indictable only offences are the more serious offences at the
opposite end of the spectrum which can only be tried before a judge
and jury in the Crown Court. They include murder, rape, and
robbery. As these offences can only be dealt with in the Crown
Court, they are sent to the Crown Court by the magistrates court
under section 51 Crime and Disorder Act 1998.
Either-way offences consist of crimes which may be tried either in
the magistrates or in the Crown Court. Such crimes may, on the
facts alleged by the prosecution, be very serious but alternatively
may be quite trivial. For example, an offence of theft contrary to s.1
Theft Act 1968 could involve the theft of over one million pounds
from a bank, in which case it will eventually tried in the Crown Court
whereas, at the other end of the spectrum, the same offence might
allege the theft of a packet of biscuits from a shop in which case it is
more likely to be tried in the magistrates court (subject to the
defendant exercising his or her right to consent to trial in the
magistrates court).
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When a case is heard in the magistrates court it is tried summarily,

and if convicted the defendant is said to have a summary conviction.
This is irrespective of whether the offence is summary only or eitherway.
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taken in custody directly to the next available magistrates court

session. This happens when the police decide that the accused is a
bail risk. Once the accused is put before the magistrates, the court
will decide whether or not the accused should be kept in custody or
be granted bail pending any further court appearances.
Summary Only Offences
When the offence is summary only, once a defendant pleads guilty
the magistrates court will go on to sentence, either on that day or on
a later date. If he pleads not guilty then the matter will be adjourned
to another day, normally for a pre-trial review at which time a date
will be set for the summary trial. The case will always remain in the
magistrates court up to and including trial and/or sentence.
Indictable Only offences
In the case of indictable only offences, the defendant initially
appears in the magistrates court and if the justices are satisfied that
the facts do make out an indictable only offence e.g. murder, then
the case is sent to the Crown Court under s.51 Crime and Disorder
Act 1997. This is usually done at the first appearance before the
magistrates. At this first hearing the magistrates will also deal with
the defendants remand status i.e. whether to grant bail or remand
the defendant into custody, and funding.
Either-Way offences
In the case of either-way offences, as stated above, either the
magistrates or Crown Court could deal with the defendant. The
decision as to which court will deal with the defendant consists of
two stages: plea before venue and mode of trial.
1.
Plea before venue is where the defendant indicates a plea of

either guilty or not guilty. If the defendant indicates a guilty
plea he or she will stand convicted of the offence and the
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2.
magistrates can go on to sentence him or her or, if the

magistrates feel that their sentencing powers are inadequate
(see below) they can commit the defendant to the Crown Court
for sentence. If the defendant indicates a not guilty plea the
magistrates go on to deal with mode of trial.
the Crown Court Judge has a preliminary hearing in which he

again sets out the case management. Remember that the
Crown Court is seized of indictable only cases at a very early
stage.
We look at plea before venue and mode of trial in more detail

later but essentially the magistrates will look at the facts of the
case on a worst case scenario basis and decide whether the
matter is too serious for them to deal with or whether it is not
so serious whereby they can deal with it. If it is too serious
they will decline jurisdiction and the defendant will be tried in
the Crown Court whether he or she likes it or not. If the
magistrates feel that the case can be dealt with by them then
they will accept jurisdiction and then the defendant has a
choice: he/she can either consent to be tried [at a later date]
by the magistrates or he or she can elect to be tried [at a later
date] in the Crown Court by a judge and jury i.e. trial on
indictment. In the latter, the case will then be adjourned for a
number of weeks to allow the prosecution to prepare the case
papers and subsequently the defendant will be formally
committed from the magistrates to the Crown Court for trial.
The Criminal Justice Act 2003 (the CJA 2003) makes a

number of significant changes to the plea before venue and
mode of trial procedures. Under the new procedure, the
accused is given the opportunity to request an indication from
the magistrates of whether, if he were to be tried summarily
and were to plead guilty at that stage, the sentence would be
custodial or not (s.20(3). Where the indication of sentence is
given and the accused does not choose to plead guilty on the
basis of it, the sentence indication is not binding on the
magistrates who later try the case summarily, or the Crown
Court if the accused elects fro trial before a judge and jury,
In the case of an either-way offence, once a defendant is

committed to the Crown Court for trial, or in the case of an
indictable only offence sent to the Crown Court there will be a
number of hearings in the Crown Court. In the case of eitherway offences, about four weeks after the case has been
committed to the Crown Court the matter is listed before a
Judge for a plea and case management hearing (see below).
The defendant formally enters his or her plea and the judge will
give directions concerning the trial and a trial date will be set.
The defendant will await his trial either on bail or in custody. If
the defendant entered a guilty plea at this hearing the judge
will move to sentence.
If the case is indictable only it will be sent to the Crown Court
under s.51 Crime and Disorder Act 1998 (CDA 1988). Then
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Trial procedure
In a criminal trial the normal order in which the trial proceeds is
as follows:
1) The prosecution open the case before the court
2) The prosecution calls its evidence (normally be way of
witnesses being called to give sworn evidence called
evidence in chief)
3) The prosecution witnesses are cross-examined by the
defence
4) The prosecution case closes and the defence opens its
case (but that the defence does not have to call any
evidence and might simply make an application to the court
that the prosecution has not proved its case, called a halftime submission)
5) The defence calls its witnesses who give sworn evidence
(defence evidence in chief)
6) The prosecution cross-examines the defence witnesses
7) The prosecution makes closing submissions
8) The defence make closing submissions
9) The court decides on its verdict
S.4 Bail Act 1976 - General Right to Bail of accused

persons and others
All defendants have a prima facie right to bail before
conviction, sometimes referred to as the presumption in favour
of bail. In certain circumstances, once a defendant has been
convicted this right no longer applies; this does not mean that
a convicted defendant will not be granted bail, it simply means
there is no presumption in favour of bail. There are limited
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Rights of audience in the criminal courts

Practising barristers have a right of audience in all courts in
England and Wales. Any qualified solicitor with a current
practising certificate can appear in the magistrates court. In
the Crown Court and appellate courts, unless the practising
solicitor has a higher rights advocacy qualification he/she has
no right of audience in the appellate courts and only a limited
right of audience in the Crown Court.
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exceptions to this presumption in favour of bail for some

persons accused of murder, manslaughter or rape where the
defendant has a previous conviction for one of these offences:
once again (s.25 Criminal Justice and Public Order Act 1994).
Once again, if a defendant falls within the circumstances
envisaged in s. 25 it does not mean he or she cannot apply for
bail or that bail will not be granted.
However, even where the defendant does have a right to bail
under s. 4 bail Act 1976, the magistrates need not grant bail if
they find that there are substantial grounds for believing that
one or more of the exceptions to the right to bail listed in
paragraphs 2 7 of Schedule 1 part 1 Bail Act 1976 exist.
(imprisonable offences). Again, we will look more closely at bail
in Lecture 4 but the most commonly encountered exceptions
are found in paragraph 2 Part 1 Schedule 1 of the 1976 act
being:
Paragraph 2 exceptions (imprisonable indictable offences)
The defendant need not be granted bail if the court is satisfied
that there are substantial grounds for believing that the
defendant, if released on bail (whether subject to conditions or
not) would do any of the following:
1.
BAIL (an overview)
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The new procedure also provides for a new way of sending the
accused to the Crown Court where, at mode of trial, the
magistrates decline jurisdiction (deciding the case is too
serious for summary trial). In such cases, the magistrates
should send the case to the Crown Court for trial in
accordance with the procedure contained in s. 51 Crime and
Disorder Act 1997 (as above) which is currently only available
for indictable only offences. Please note that these
amendments are not yet in force at the time of writing.
fail to surrender to custody;
2.
commit an offence on bail, or
3.
interfere with witnesses or otherwise obstruct the course

of justice, whether in relation to himself or any other
person.
Section 52 Schedule 12 Criminal Justice and Immigration Act

2008 creates a number of bail divisions dealing with bail
subject to whether the defendant is charged with an
imprisonable summary only offence, a non-imprisonable
summary only offence or an imprisonable indictable offence.
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The CJA requires the court, when passing sentence, to

have regard to the purposes of sentencing identified in
s.142. These are:
Sentencing and appeals

Sentencing
We will look at sentencing in detail in Lecture 6. Below is an
overview.
Sentencing takes place after either:
A defendant pleads guilty; or
a)
punishment of the offender;
b)
reduction of crime;
c)
reform and rehabilitation of the offender;
d)
protection of the public; and
e)
reparation by the offender.
The advantage for a defendant being sentenced by the

magistrates is that the magistrates have limited sentencing
powers.
He is convicted by the court after a trial.

Courts have the power to impose both custodial and noncustodial sentences.
The Criminal Justice Act 2003 and The Powers of Criminal
Courts (Sentencing) Act 2000 (PCC(S)A 2000) governs the
principles for the imposition of custodial sentences and
community sentences.
There are different types of community sentences such as a
Community Rehabilitation Order.
Courts also have the power to impose fines (ranging from
level 1-5) and award compensation.
The Road Traffic Offenders Act 1988 details the sentencing
powers available for numerous road traffic offences.
If a defendant is being sentenced for a summary only

offence or any combination of summary only offences, the
most he/she can be sentenced to is an aggregate term of
six months imprisonment. The same applies where a
defendant is being sentenced for one either-way offence or
one either-way offence together with summary only
offences. Only where a defendant is being sentenced on at
least two either-way offences does the maximum aggregate
term increase to 12 months imprisonment.
In the Crown Court, the Crown Court judge can sentence to
the maximum term that the offence carries by virtue of the
statute or common law principle creating the offence
subject to sentencing guidelines provided by the Court of
Appeal (Criminal Division) and the sentencing Guidelines
Council
So for example: the offence of Assault Occasioning Actual
Bodily Harm (ABH) contrary to s. 47 offences Against the
Person Act carries a maximum term of five years
imprisonment (as created by the statute). If a defendant is
being sentenced in the magistrates court on one charge of
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ABH the most he/she can receive is six months

imprisonment. If the same defendant is being sentenced in
the magistrates court on two ABHs then the maximum term
increases to 12 months. If the defendant is being sentenced
on one count of ABH (in the Crown Court charges are
called counts) then theoretically, the Crown Court judge
could sentence the defendant to the maximum term of five
years imprisonment, although in practice this is very
unlikely to happen.
Appeals
Appeals against sentence or conviction by the magistrates
will go to the Crown Court
Appeals against sentence or conviction by the Crown Court
will go to the Court of Appeal and then in certain instances
on to the Supreme Court.
It is also possible for certain issues to be referred to the
High Court (Queens Bench Division)
Appeal from magistrates court to Crown Court
A defendant convicted and/or sentenced in the magistrates
court as of right (i.e. no permission from the magistrates is
needed) can appeal against his sentence and/or conviction
to the Crown Court (the prosecution cannot appeal at
magistrates court level.): Magistrates Court Act ss.108-110.
The Defendant must lodge a notice of appeal within 21
days from the date of sentence or conviction, to the clerk of
the magistrates court. There is no requirement to give
detailed grounds for the appeal at this stage. A judge plus
at least two justices will hear the appeal at Crown Court.
The appeal is treated as de novo, i.e. as if it was the first
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hearing of the matter, and therefore new evidence may be

called. The court has wide powers and may confirm the
earlier decision, reverse it, or vary any element of it.
However, its powers of sentencing are limited to those of
the magistrates court.
An appeal can be made by way of case stated from
magistrates court to the Divisional Court, by either the
Prosecution or Defence. The grounds must be that there
has been an error of law or the decision was in excess of
jurisdiction: s.111 (1) MCA 1980. The same issue cannot be
appealed to the Crown Court after an application is made to
state the case
Appeal from Crown Court to the Court of Appeal
(Criminal Division)
Sections 1 and 2 Criminal Appeal Act 1968 (CAA).
The defence may appeal against: conviction, sentence or
both; against a point of law; or any matter relating to the
trial. The appeal is to the Criminal Division of the Court of
Appeal.
Appeal against Conviction
Grounds: There is a single ground of appeal, namely that a
conviction is unsafe (s.2(1)(a)CAA as amended by
Criminal Appeal Act 1995). A key issue is whether Article 6
of the ECHR (right to a fair trial), has been breached.
Appeal against Sentence.
Usually on the grounds that the sentence was not
commensurate with the level of seriousness of the offence.
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The court cannot impose a more severe penalty than

Crown Court.
Procedure for both:
application within 28 days of conviction, or sentence;
leave is required, unless certified fit for appeal by the

trial judge;
an initial leave hearing is before a single judge,

which acts as a filtering process;
if unsuccessful, can renew the application to the full

court; and
where leave is granted, the hearing is before the full

Court of Appeal. The court has powers to quash
conviction, dismiss appeal, find D guilty of an
alternate offence, allow part of the appeal, direct a retrial and impose any sentence available to Crown
Court.
Under s.36 CJA 1988 the Attorney-General may, with leave

of the Court of Appeal, refer to that court any sentence
imposed by the Crown Court where he considers the
sentence was unduly lenient. The CA may then quash the
original sentence and substitute such sentence (usually
heavier) as it thinks appropriate which the court below had
power to pass.
Appeal from the Court of Appeal
The appeal is to the Supreme Court, with the consent of
either court, and provided that the Court of Appeal has
certified that there is a point of law of general public
importance
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Right to silence - Condron v- UK (2000) Crim LR 679 adverse inferences from silence are not necessarily a
breach of ECHR
Human Rights and the Criminal Practitioner

The key provision within the Human Rights Act is section 3:
so far as it is possible to do so, primary legislation and
subordinate legislation must be read and given effect in a
way which is compatible with the Convention rights
Every effort must be made by the courts to ensure that
legislation is read compatibly with the Convention.
If the legislation is found to be incompatible the
consequences will depend upon whether the legislation is
primary or subordinate, as the HRA does not permit the
domestic courts to set aside primary legislation, compatible
or not. The High Court, Court of Appeal and the Supreme
Court are allowed to make a declaration of incompatibility
but the legislation will remain valid until Parliament seeks to
change it.
Challenges under the HRA may happen at any stage. They
could take the form of both a direct challenge to the
legislative provisions per se, or to the way in which the
legislation has been applied in a particular case. In the
latter situation, the court may well find that Convention
rights have been infringed in this instance but that the
statutory provision does not in itself violate the Convention.
In many respects the potential effect of the HRA within
criminal proceedings is endless. The following are just
some of the areas in which it has been prevalent, or where
there have been recent decisions.
Admissibility of evidence - Khan v- UK (2000) Crim LR
684 although there has been a clear breach of ART 8 the
admission of the evidence did not constitute a breach of
ART 6.1
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Below is a flow chart that shows the current procedural stages of for
an either-way offence:
Offences Triable Either Way
Reverse burdens - Lingens and Leitgens v- Austria

(1981) 4 EHRR 373 -the Convention does not prohibit in
principle provisions which transfer the burden of proof to
the accused to establish a defence, provided that the
overall burden remains with the prosecution. See also R
v- DPP ex parte Kebilene (1999) 3 WLR 972. The
position may depend upon whether the burden is legal or
evidential R v Lambert (2001) 3 WLR 206
police investigation
police commence proceedings by charge or summons
Defendant (D) appears in the magistrates court

(advance information served)
plea before venue hearing
Bail - the starting point for both UK legislation (i.e Bail Act
1976) and the Convention ART 5(1) is the right to bail.
Detention must always be justified. Domestic legislation
generally complies with the Convention.
D indicates guilty plea
D indicates not guilty plea
mode of trial
Delay - ART 6(1) states that everyone is entitled to a fair

and public hearing within a reasonable time by an
independent and impartial tribunal established by law.
Problems may arise when there is a lengthy delay before
someones trial. Arguments centre around what is a
reasonable time and whether or not a fair hearing can
still take place.
Disclosure the UK provisions for disclosure are governed
primarily within the Criminal Procedure and Investigations
Act 1996 (CPIA) and the Magistrates Courts (Advance
Information) Rules 1985. Are they compatible with ART 6?
magistrates
accept
jurisdiction
D chooses
summary trial
magistrates convict
sentence by magistrates court
magistrates
decline
jurisdiction
D elects Crown
Court trial
committal proceedings
magistrates commit for

sentence
PDH in Crown Court
trial in Crown Court
magistrates commit for

sentence
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sentence by Crown Court
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jury convict
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iv)
The Criminal Procedural Rules 2005

Until the Criminal Procedure Rules (CrPR) came into force in April
2005 rules governing criminal procedure were contained in a
number of pre-existing rules and practice directions. The CrPR
essentially consolidate the pre-existing rules into one set of rules
and should be read in conjunction with the Consolidated Criminal
Practice Direction. The rules also introduce an overriding objective
and case management powers (see below) to which all parties to a
case are required to adhere in order that criminal cases might be
managed more effectively than hitherto. You can find the full text of
the CrPR in your BPP Criminal Litigation Statute Book.
The Overriding Objective CrPR Rule 1
(1)
(a)
The overriding objective of this new code is that criminal cases

be dealt with justly.
Dealing with a criminal case justly includes:
the needs of other cases.
Case Management - The Criminal Procedure Rules 2005

and Consolidated Criminal Practice Direction
These came into effect on 4th April 2005 and consolidate all rules
applying to the magistrates court, Crown Court and Court of Appeal
(Criminal Division). An overriding objective is stated, which is to deal
with all cases justly (see above).
Part 3 of the CrPR provides for the effective case management of
criminal cases. Both the prosecution and defence must appoint a
case progression officer who has responsibility for ensuring that
directions and time-tables are observed. Active case management is
defined as including:
(a)
The early indication of the real issues
(b)
The early indication of the needs of witnesses
(c)
Setting a timetable for the progress of the case with certainty

as to who is to do what
(b)
acquitting the innocent and convicting the guilty;
(c)
dealing with the prosecution and defence fairly;
(d)
(d)
recognising the rights of a defendant, particularly those under

Article 6 of the European Convention on Human Rights;
Monitoring the progress of the case and compliance with

directions
(e)
(e)
respecting the rights of witnesses, victims and jurors and

keeping them informed of the progress of the case;
Ensuring that evidence is presented in the shortest and

clearest way
(f)
Discouraging delay
(f)
dealing with the case efficiently and expeditiously;
(g)
(g)
ensuring that appropriate information is available to the court

when bail and sentence are considered; and
Encouraging the participants to co-operate in the progression

of the case
(h)
Making use of technology.
(h)
dealing with the case in ways that take into account-
i)
the gravity of the offence alleged,
Rule 3.3 sets out the duties of the parties to the case:-
ii)
the complexity of what is in issue,
iii)
the severity of the consequences for the defendant and others

affected, and
That each party must actively assist the court in fulfilling its duty of
active case management; and to apply for a direction if needed to
further the overriding objective.
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Each party must promptly inform the court and the other parties of
anything that might affect the date or duration of the trial.
Annex E of the Consolidated Criminal Practice Direction provides for
a prescribed form to be completed by the parties. In the Crown Court
the form must be completed in readiness for the Plea and Case
Management Hearing (see paragraph 6 above).
The practice direction provides for automatic directions at the plea
and case management hearing. In not guilty pleas in the
magistrates court an outline of the automatic direction is as follows:
(i)
The Crown must serve its evidence within 28 days of the not
guilty plea being entered and comply with its initial duty of
disclosure. At the same time, it must serve notice of any
intention to introduce a defendants bad character or to
introduce hearsay evidence.
(ii)
The defence must serve a defence statement, if one is to be

served, within 14 days and notify the Crown and the court that
a witness is required to attend court to give live evidence
within 7 days. Similarly, within 7 days the defence must
indicate if any application to introduce a defendants bad
character is to be opposed.
(iii)
Within 14 days the defence must give notice of any intention to

introduce hearsay evidence, and of any wish to introduce the
bad character of a prosecution witness, and to serve any
statements of its own where a witness is not to be called to
give live evidence. The Crown then has 14 days in which to
make any further disclosure.
(iv)
Any point of law must be identified with skeleton arguments

and authorities at least 21 days before trial and both parties
must serve a certificate of readiness 7 days before trial.
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Glossary of terms and abbreviations

The following glossary is for guidance only. It contains terms in
common use in Criminal Litigation. Some have technical meanings.
Their descriptions below are not intended to be dictionary definitions,
nor are they comprehensive.
To adduce
To put forward (in evidence).
To adjourn
To suspend or delay the hearing.
Admission of evidence
Acceptance by the court of the

evidence into proceedings (not all
evidence tendered by a party may be
allowable in court).
Advanced Information
A summary of the prosecution case

against a defendant served by the
prosecution (under the Magistrates
Courts (Advanced Information) Rules
1985) on the defence in a case that is
triable either-way. The summary will
often include copies of prosecution
witness statements, any record of
interview of the defendant and, if
applicable, a record of the defendants
previous convictions.
Arraignment
The formal process of putting charges

to the defendant in the Crown Court.
The defendant will be named, the
charges read from the indictment and
the defendant will be asked how he
pleads, guilty or not guilty.
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Bail
The legal obligation on a defendant to

attend court (or the police station) on a
specified time and date. Bail may be
unconditional or conditional. Failure to
answer bail without a reasonable
excuse is an offence.
Brief (to Counsel)

arguments
and
necessary
documentation sent to counsel by the
solicitor in preparation for trial. The
brief will also instruct counsel to appear
in court.
Burden of proof
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The obligation of proving the facts. In a

criminal court the overall burden of
proving the offence against the
defendant lies with the prosecution.
The prosecution have to discharge this
burden to the normal criminal standard,
being beyond reasonable doubt. On
occasions a defendant will also have a
burden of proof such as when relying
on a statutory defence. For example, if
a defendant pleads not guilty to a
charge of murder on the grounds of
diminished responsibility then the
burden
of
proving
diminished
responsibility lies on the defendant on
the balance of probabilities.
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CPIA
Criminal Procedure and Investigations

Act 1996
CPS
The Crown Prosecution Service.
CJPOA 1994
The Criminal Justice and Public Order

Act 1994
Crown Court
The criminal court in England and

Wales where a defendant is tried
before a judge or jury
Custody Officer
Custody Suite
Defendant
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The officer in a police station or other

authorised
place
of
detention
responsible for a detained persons
welfare during the period of the
detained persons detention. The
custody officer is also responsible for
deciding whether a detained person
should be charged or detained without
charge and the grounds for such
detention. The officer is normally the
rank of sergeant.
The secure area of a police station or
other authorised place of detention
where persons who have been
arrested are taken and detained while
the offence for which they have been
arrested is investigated.
Caution
The wording told to a person by an

investigating officer. The caution must
be given as soon as the officer
suspects that person of having
committed an offence. The caution
must also be given at the time of the
persons arrest and when the person is
interviewed.
Chambers
Not in open court. Certain applications,

such as applications for bail made to
the Crown Court are held in chambers.
CrPR
The Criminal Procedure Rules 2005the Rules of the criminal Court.
Committal
Sending a defendant to a court (usually

from a magistrates court to the Crown
Court) or to prison.
Committal for sentence
The procedure whereby someone

convicted in the magistrates court is
sent to the Crown Court for sentencing
as the magistrates have decided that
their powers of sentencing are
insufficient .
Committal proceedings
A preliminary hearing in a magistrates

court before a case is sent to the
Crown Court for trial before a judge
and jury.
Counsel
A barrister. Barristers may either be

Queens Counsel or Junior Counsel.
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Disclosure
The process by which the existence of

relevant documents and evidence is
disclosed to the defence by the
prosecution.
Discontinuance
A voluntary termination of proceedings

by the prosecution.
District Judge
(Magistrates Court)
A judge of the magistrates court.
Hearsay
Evidence of an oral or written

statement made on a previous
occasion which is adduced in court to
prove the truth of what it says.
Generally
hearsay
evidence
is
inadmissible in the criminal courts
unless admissible under the Criminal
Justice Act 2003.
Indictment
The document containing the formal

charges against a defendant a trial in
the Crown Court cannot start without
this. There is no indictment in the
magistrates court where the charges
are simply referred to as the charge or
charges.
Justice of the Peace
A lay magistrate or District Judge

(magistrates court).
Justices Clerk
A post in the magistrates court who is

normally legally qualified and has
various powers and duties in the
magistrates court, including giving
advice to lay magistrates on law and
procedure.
The person alleged to have committed

the offence or offences in respect of
which the proceedings have been
taken.
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MDA 1971
Misuse of Drugs Act 1971.
Sending for Trial
Mode of trial
The procedure for in the magistrates

court for deciding whether a defendant
charged with an either-way offence
should be tried in the magistrates court
or the Crown Court.
Procedure whereby indictable only

offences are transferred to the Crown
Court for trial without the need for a
committal hearing in the magistrates
court.
Surety
A person who guarantees that a

defendant will attend court.
An offence which can be tried only in a

magistrates court.
5.
An offence which may be tried either in

the magistrates court or the Crown
Court.
One of the most important skills you must possess as a solicitor is

the ability to write clearly, accurately and intelligibly. In practice, you
will be required to draft letters, memoranda and documents, in order
to communicate legal knowledge, ideas and advice.
Offence triable only

summarily
Offence triable
either-way
Offence triable
only on indictment
An offence which can be tried only in

the Crown Court.
PACE 1984
The Police and Criminal Evidence Act

1984.
PCC(S)A 2000
The Power of Criminal

(Sentencing) Act 2000.
Prima facie case
A prosecution case which is strong

enough to require the defendant to
answer it.
Security
Money deposited with the court to

ensure that defendant attends court.
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LAW SCHOOL
an introduction to yourself, enclosing a copy of your CV.

Please also let us know if you have a training contract
and if so, with whom; and
a list of three aspects of your professional development
that you would especially like to focus on during the LPC.
(Please do not include knowledge of the law in your list.)
Briefly explain the reasons for your choice.
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6.
To get you started, and to help us find out more about you, we
would like you to write a short letter to your personal tutor
covering the following:
2.
You will notice that the importance of the skills of writing and drafting
is emphasised throughout the Legal Practice Course and you must
be assessed as competent in each skill before you can pass the
programme. You will be given more information on this and the
distinction between writing and drafting when you join the
programme.
Courts
Pre-programme exercise
1.
Writing and Drafting
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Practical Legal Research
This is probably the most important skill you will require as a trainee
solicitor. 95% of solicitors use their trainees to conduct research.
You will need to produce research which is:
1.
accurate
2.
succinct
3.
up to date
4.
cost-effective.
Before the programme you should be able to:

1.
use an index - any index - effectively
2.
use books, electronic resources and lateral thinking to conduct

a piece of non-legal research
The contents of your letter and CV will remain confidential to the

Law School.
3.
prcis complex information by reducing it to its essential points

and set these out clearly in writing (this is harder than it
sounds)
If you do not have a training contract we hope we will be able to help

you with your search and again you will receive more information on
this when you join us. You might like to include in your letter the type
of firm you would like to work for and why.
4.
be familiar with and able to locate textbook sources of legal

information.
Please address your letter in accordance with the instructions

set out in the letter with which this document was enclosed.
Please ensure that your letter reaches us by 15 August 2010.
Please state your full name at the top of your letter and write the
word writing on the envelope.
1.
how to use hard copy and electronic sources of legal

information
2.
how to find your way around a typical law library
3.
how to produce accurate research which your supervisor will

be able to use
We very much look forward to hearing from you.
4.
how to troubleshoot your research so you feel confident of

your answer
5.
how to research under time and cost constraints.
During the programme we will teach you:
Note: research and legal writing are linked skills: please read the
section on Writing and Drafting too.
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There are a number of books which deal with the skill of research. If
you wish, you may look at the following:
1.
Butterworths Legal Research

Butterworths 2nd ed. 2001
2.
Legal Research: How to find and understand the law, Suzanne

McKie, Cavendish 1993
3.
A Practical Guide to Lawyering Skills, Fiona Boyle, Cavendish

2nd ed. 2003
4.
Effective Legal Research, Sweet and Maxwell, John Knowles

and Professor Philips Thomas 1st ed. 2006
5.
Using a Law Library, Peter Clinch, Oxford University Press 2nd

ed. 2001.
7.
Guide,
Guy
Holborn,
Information Technology
information more efficiently. As firms become global organisations

and competition intensifies the need to be able to share information
efficiently and quickly becomes more and more important.
In the future many predict that information technology will eventually
lead to the profession entirely changing the way in which it does
business. The constant pressure for firms to gain the competitive
edge may lead to routine and repetitive work becoming automated
and available off the shelf from the internet. Technology also
enables firms to develop innovations which may allow firms to
provide entirely new legal services to clients.
As a lawyer you will need to be able to use these tools and must
therefore acquire effective IT skills. On the LPC you will be expected
to use electronic information resources for legal research, exploring
the Law School's intranet for programme information, writing
assignments and corresponding with tutors via email.
Information technology (IT) and the law
Minimum standards of computer competency for the LPC
Information technology is used throughout the legal profession for

research (electronic information resources), correspondence with
clients (email, video conferencing), drafting and writing (wordprocessing, electronic forms), presentations (powerpoint) and client
billing.
1.
Lord Woolf's report Modernising Justice 1998 highlighted the need

for the Court Service to introduce new information technology to
support the work of judges and staff in the civil courts. In 2000 the
report Civil justice: a vision of the civil justice system in the
information age was published, which explores some of the ways in
which IT might be implemented to improve civil justice.
The Law School currently uses Windows 2003 professional,

which looks and feels very similar to Windows 95 or Windows
ME.
2.
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3.
4.
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You should be confident in using a word-processor. You

should be able to open and close programs, edit and format
documents, and save documents that you have been working
on.
The Law School currently uses Microsoft Word 2003. However
most word-processors look and feel very similar.
Most law firms now have web sites advertising their services on the
internet and many firms are currently developing intranets and
knowledge management systems that allow them to share internal
LAW SCHOOL
You should be confident in using a mouse and keyboard to

navigate your way around a computer.
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Page 74 of 77
You should be confident in using email. You should be able to

open and read new messages received, reply to messages
received as well as be able to write and send messages.
BAILII
Database of free British and Irish legislation and case law.
http://www.bailii.org/
You should also be able to insert and open attachments.
You can also, if you wish, look at:
The Law School currently uses Microsoft Outlook 2003.

However most email applications look and feel very similar.
Richard Susskind The Future of Law: facing the challenges of

Information Technology. OUP, 1996
You should be confident in using a web browser to view the

world wide web. You should be able to enter a specific web
address (otherwise known as an URL) and use hyperlinks.
Professor Richard Susskind is a leading expert on the use of IT by

lawyers and other professionals. In his book The Future of Law he
outlines his vision of how IT will revolutionise the legal profession in
the near future. Articles summarising his theories are available on
the web.
The Law School currently uses Microsoft Explorer 8.0.

Pre programme reading
8.
You should be aware of what web sites are available for legal
research. The following sites are good introductions:
RDN Internet for Lawyers tutorial
Extremely helpful virtual tutorial introducing students to the most
useful resources available on the internet for lawyers.
http://www.vts.rdn.ac.uk/tutorial/lawyers
Oral communication skills
Oral communication skills are of particular significance to the LPC,

which is designed to equip you for the demands of practice. The
LPC includes teaching programmes for both courtroom advocacy
and client interviewing and advising. However, a basic knowledge of
oral communication skills will be assumed in the following areas:
1.
Confidence in the technique of giving advice to solve problems

in a variety of legal contexts
Delia Venables' Internet Resources for Lawyers

Comprehensive collection of legal resources available on the
internet.
http://www.venables.co.uk/
2.
Assurance in the presentation of legal argument and the ability

to question legal issues
3.
The ability to use plain English.
Jennifer Pink: IT, the Law and the Future: a discussion with Richard
Susskind, reprinted from Lexpert February 2001
http://www.i-lawmarketing.ca/pdf/LexpertSusskind.pdf
The methods through which you might already have developed

these skills include:
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Page 75 of 77
1.
debating
2.
mooting
3.
practical role play exercises
4.
seminar presentations.
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Page 76 of 77
The LPC places great emphasis upon the benefit to students of

video recording oral skills exercises. Students are encouraged to
watch their performance after the session, taking into consideration
the feedback received. Advocacy and Interviewing assessments are
required to be video-recorded as part of the formal assessment
procedure.
During the LPC, you will be given ample opportunity to practise and
develop your oral communication skills.
Examples of LPC role play activities
1.
Interviewing a new client who has just given you instructions

and advising in non-technical language during the interview.
2.
A criminal court application (a bail application).
3.
A number of civil court applications (for example, an

application for summary judgment).
LAW SCHOOL
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Page 77 of 77

LPC General Pre Programme Reading

Diunggah oleh

Informasi Dokumen

Deskripsi Asli:

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

LPC General Pre Programme Reading

Diunggah oleh

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Format Tersedia

LEGAL PRACTICE COURSE

LEGAL PRACTICE COURSE:

Business Law and Practice

Property Law and Practice

Writing and Drafting (including pre-programme Exercise)

Practical Legal Research

Oral Communication Skills

This pre-programme reading contains an indication of certain key

LEGAL PRACTICE COURSE

In each of the compulsory areas you will need to utilise your

Business Law & Practice (BLP)

There is a separate workbook containing the pre-programme

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LEGAL PRACTICE COURSE

Property Law and Practice

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LEGAL PRACTICE COURSE

Land law and trusts

Legal estates and interests

7/5/2010 1:32:00 PM/c

Adam Fletcher and Beth Williams run a small business

7/5/2010 1:32:00 PM/c

LEGAL PRACTICE COURSE

Equitable interests and licences

LEGAL PRACTICE COURSE

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LEGAL PRACTICE COURSE

Adam and Beths purchase is to be financed with the help of a

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LEGAL PRACTICE COURSE

landowner where they have breached, or intend to breach, restrictive

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LEGAL PRACTICE COURSE

LEGAL PRACTICE COURSE

Building on your understanding of Contract Law, during the module

There is some further reading below relating to leases.

Registered and unregistered title

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LEGAL PRACTICE COURSE

You would need to explain whether or not there was a

7/5/2010 1:32:00 PM/c

LEGAL PRACTICE COURSE

Creation of a legal lease

Even though it is for a term of years absolute a lease may

A significant part of the Property Law & Practice module requires

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LEGAL PRACTICE COURSE

LEGAL PRACTICE COURSE

to quit. In practice periodic tenancies are yearly, quarterly, monthly,

Failure to comply with common law requirements

A periodic tenancy may be created expressly, or impliedly by

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LEGAL PRACTICE COURSE

landlord. It also confers overall control over the property. A licence

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A lease creates an estate in the land which confers a right of

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LEGAL PRACTICE COURSE

Where an agreement provides:

the result will normally be a lease, irrespective of what the parties

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