Is it better to allow ten guilty men to walk free rather than to wrongly convict one innocent person?  According to a recent Parliamentary Justice Select Committee report on the common law doctrine of joint enterprise; it is. While courts often treat joint enterprise as an umbrella term, the type considered by the select committee was what it described as secondary liability: where a person who agrees to commit a crime by another becomes liable for all criminal acts committed by the other person (the principal offender) in the course of their joint criminal venture.

Joint enterprise confusion

The select committee asserted that the law on joint enterprise causes such confusion for juries that legislation is required to ensure justice for victims and defendants.

A question that often comes up in feedback from students taking QLTS School’s mock multiple-choice tests (MCT’s) is: ‘how can a driver, who merely arranged to collect his associates far away from a pre-arranged bank raid, be liable to be tried and convicted as a principal offender for armed robbery?’

The law aims to avoid situations whereby one rule is applied to a minor participant and another to principal offender, because the criminal mastermind in such ventures will usually ensure that he or she remains marginal to the commission of the actual crime. This principle is accepted and applied by the courts in Australia, New Zealand and the United States.

Criticism of the doctrine

Critics claim that the law, which merely requires foresight for a participant to be implicated in an offence, is being applied indiscriminately to prosecute all gang members involved in fights that lead to murder, including anyone who is on the periphery of the crime.

Tim Moloney QC and Solicitor Simon Natas gave evidence to the select committee that the principle lowers the standard of guilt and should be abandoned:

"…The prosecution will usually find it easier to adduce evidence that the defendant foresaw what the principal might do than to adduce evidence that he actually intended the principal to cause serious injury or to kill—indeed, such evidence may not go far beyond evidence of association (or alleged “gang membership”) added to alleged presence at the scene…"

Defending the way joint enterprise law is currently applied

Mark Heywood QC, who prosecutes such cases at the Central Criminal Court in London (aka the Old Bailey), refutes that the current law is complicated in respect of putting a case to juries. He told BBC Radio 4’s ‘Unreliable Evidence’ (http://www.bbc.co.uk/programmes/b01d44rm) that:

“…What has to be proved is that… [a defendant] signed up to a plan for some level of violence and then on top of that, realising, actually contemplating, not that you should have realised, or if you had time to think about it, you might have realised, but actually contemplating that one present would go on to kill or at least to cause really serious harm intentionally. All of those things are cumulative and all must be proved beyond reasonable doubt…and this applies to any kind of criminal offence…”

Those QLTS candidates signing up for QLTS School’s mock MCT’s will be relieved to know that there are a significant number of multiple-choice questions (MCQ’s) on join enterprise contained in the mock MCT’s, enabling candidates to be fully prepared for the actual QLTS MCT. QLTS School also devotes a full chapter in the Criminal Law Textbook to the problematic area of participation and joint enterprise.

Sometimes candidates come across a question in their MCT preparation in which all of the answer options appear to be correct. What’s happened here?

Has the question designer messed up and the unchecked question has slipped through the checking process? We have had candidates in the past write in to point out this obvious drafting error.

Unfortunately, it’s not a mistake. In such cases, students need to read the question wording carefully. If all the answers are correct, then it’s because you are being asked to identify which of the options meets either the question criteria or accords with the fact pattern (if there is one).

Have a look at the sample question below for an illustration.

Which of the following is the first point of reference for the purpose of statutory interpretation?

1. The purposive rule
2. Reference to Parliamentary debates
3. The Golden rule
4. The Literal rule
5. Reference to interpretation sections of the statute

Answer: The correct answer is D – the ‘Literal Rule’. The interpretation of statues starts with relying on literal meaning. Only when this creates a fallacy or an absurdity do we move the procedure forward. The next stage is to consider the whole of the statute together – the Golden rule – unless this produces some inconsistencies.

At this stage, the Purposive rule is applied. The purpose behind the statute is sought to be construed.

The interpretation sections or the explanatory notes in statutes are secondary aids to construction.

The use of Hansard is regulated by Pepper v Hart (1992). Pepper v Hart has had somewhat of a rise and fall. Typically, Hansard would only be consulted for what it’s worth.

This question tests basic knowledge of statutory interpretation methods. All of the choices are equally valid options for interpreting statute, but the question specifically asks you which is the first point of reference. It is important with MCT questions – especially those in which all answers appear to be correct on first glance – to carefully read the question itself and ensure that your chosen answer reflects what the question is asking. Just scanning the question can lead to a misunderstanding of what you are being asked to do, and will cost you vital marks.

One of the reasons I wanted to be a lawyer was because I liked dealing with facts. Arguments. Analysis. One thing was for sure: I didn’t like dealing with numbers and figures!

But like it or not, proficiency – or at least a working understanding – of Solicitors’ Accounts is a pre-requisite to qualification as an English solicitor. Whether you qualify domestically via the LPC/training contract route or the QLTS, you will be assessed on Solicitors’ Accounts. And it’s one of those subjects that, at first, stumps most candidates.

But there’s a knack to it. Once you figure it out, something will ‘click’ in your brain, and you’ll ‘get it’. Until then, you just have to keep practicing with questions and exercises, to familiarise yourself with the system and internal logic of Solicitors’ Accounts.

Our video tutorial helps to provide a basic overview on the concept of double-entry accounting. But have a look at the question below and see how you do in answering it.

You are an assistant solicitor employed by a large high street practice, wishing to conduct your own conveyancing on your new house. You deliver a cheque to your accounts department for £300.00 on account of costs. Which of the following describes the correct accounting entries?

A) This is office money and must be paid into the office account:

     DR cash account £300.00 – office section

     CR your ledger account £300.00 – office section

B) This is client money and must be paid into the client account:

     DR cash account £300.00 – client section

     CR your ledger account £300.00 – client section

C) As you are acting for yourself and this is client money, you must pay the money into a separate deposit account:

     DR your separate designated client account £300.00 – client section

     CR your ledger account £300.00 – client section

D) You cannot be a client of your own firm so cannot effect this transaction.

E) This is neither client nor office money as you are acting for yourself.

Let’s break the fact pattern down, because it’s very important to see it’s constituent elements:

1. You are a solicitor.
2. You are acting for yourself on your house purchase.
3. You deliver a cheque in the sum of £300.00.
4. The cheque is on account of costs.

Solution

The correct answer is B. Even though you are acting for yourself, you are considered a client of the firm for the purposes of the Rules (Rule 12(8)). Accordingly, money on account of costs generally is client money (Rule 17(4)) and must be paid into the client account.

A is wrong as this is office money, not client money.

C is wrong because you are not obliged to pay the money into a separate designated client account because you are a client of the firm, although you may do if you wish.

D is wrong because you are permitted to be a client of your own firm (Rule 12(8)).

E is wrong because you are a client of the firm (Rule 12(8)) and accordingly the money is client money (Rule 17(4)).

See how the possible answer options hinge upon whether the money is office money, client money or neither?  This is your first hurdle. After a cursory study of accounts, you should be aware that money on account of costs is generally client money.

So, working on this assumption, is there anything about the fact that you are a solicitor and acting for yourself that changes whether this is client money? Rule 12(8) explicitly states that this does not the change the situation.

So, knowing this is client money, you can safely eliminate options A, D and E. This leaves you with options B and C.

Let’s look at option C. The wording of the option is that, because you are acting for yourself and this is client money, it must be paid into a separate deposit account.

Two things here. First, and generally, use of the word must in an MCT option means that the course of action in the option is mandatory. If, however, there are alternatives, or the action is discretionary, then choosing that answer would be wrong, because it is not mandatory.

Second, you have already looked at Rule 12(8) and know that the money is considered client money in these circumstances. There are no additional conditions or requirements placed on you. So you know Answer C is wrong.

That leaves option B. By process of elimination, it must be correct, right? Maybe, but check the option to be sure. It correctly identifies the money as client money, and states that the money must be paid into the client account. So far, so good.

It has a debit entry for cash into the cash account, client section, for the correct sum (£300.00). We know, then, that the debit entry is correct – cash paid into a cash (asset) account is always a debit. The corresponding credit entry is against your ledger account, indicating a liability increase in the firm’s balance to you. This is also correct, therefore the answer is the only correct one out of the four.

This may seem a laborious, time-consuming process on paper. But through practice and familiarity, it will soon get to the point where this exercise takes no more than a minute to do in your head!

Many candidates worry about taxation questions. But tax doesn’t have to be taxing.

One of the most common questions we are asked is whether it is necessary to memorise all thresholds, rates and percentages for the different types of taxation. The answer is yes… and no.

At the very least, you should be familiar with the principles and rates of Value Added Tax, Inheritance Tax and Corporation Tax. Some MCT questions may ask you to identify the correctly calculated amount of tax liability arising from a particular set of circumstances.

However, many questions often deal with the application of the law of taxation – which, after all, is what lawyers are expected to do. Calculation is generally left to tax accountants! This means that you are more likely to be assessed on your knowledge of tax law and when, how and if particular circumtsances give rise to a tax liability, exemption or reduction – or even whether the circumstances fall within the scope of a particular type of taxation at all.

For an example of what I mean, have a go at tackling the sample question below.

A woman has recently bought a child’s car seat and some children’s clothes. Examining her receipt, she sees she has been charged VAT at the standard rate. She complains to the shop and argues that she should not have been charged VAT at all. Advise the woman of the current legal position.

1. Both items are always subject to VAT at the standard rate.
2. Both items are always subject to VAT at the zero rate.
3. The car seat is subject to VAT at the standard rate, but the clothes can be subject to the reduced rate.
4. The car seat is subject to VAT at the zero rate, but the clothes are subject to the standard rate.
5. The clothes can be subject to the zero rate, whilst the car seat can be subject to the reduced rate.

The correct answer is E. Children’s clothes can be subject to the zero rate of VAT, whilst the car seat can be subject to the reduced rate. However, the reduction in VAT rate will depend on the specific product and sale so the reduced rate cannot always be assumed.

This question deals with the application of VAT law. The standard rate of VAT is 20%, but some items qualify for reduced or zero rate. Note that ‘zero rate’ is NOT ‘no VAT’ – it is simply VAT at 0%. It sounds semantic, but there is a difference.

In this question, you are being asked to recall and apply some basic knowledge of tax law: identify items, or categories of items, that qualify for reduced or zero VAT rate. Note you are not being asked to identify percentages or calculate liability. In practice, this is the sort of advice clients will seek from you, rather than instructions to complete their tax returns!

How to remember taxation rates, percentages, thresholds, exemptions and exceptions? Prepare your own table for each type of taxation, putting all the necessary facts and figures into one document that can be easily referred to as you work through the textbook. Practice the MCT practice questions on our portal with your cut-out-and-keep table close at hand. Then practice one of the MCTs, this time without your table. See how you did and what you need to focus on!

Business law questions in the MCT are mostly concerned with process and procedure – as it is in practice – rather than legal principles or case law. Therefore, it is particularly important with business law questions that you read the fact pattern carefully.

Who gets what when something dissolves?

Depends on who the people are and what it is that’s dissolving!

This week, we look at unincorporated associations. Check out the question below.

Hollie, Amy, Erin and Will are members of an unincorporated fishing club. The club owns a clubhouse which is registered in their joint names and which was donated to the club by their benefactor and has a bank account in their joint names with a small amount of money in it. The money has been accumulated from small donations from their benefactor. They decide to close down the club. Which of the following best describes the position?

1. The club’s assets will be held on resulting trust by them for their benefactor.
2. The club’s assets will be held on constructive trust by them for their benefactor.
3. The club’s assets will be held on an express trust by them for their benefactor.
4. The club’s assets will be distributed between them in equal shares.
5. The club’s assets will be distributed in accordance with the doctrine of cy-pres.

Remember that an unincorporated association has no legal identity, therefore personal liability rests with the members of the association on a joint and several basis, subject to any contract between the members.

Answer A is eliminated because it is old law. Be careful with MCT questions that you choose the current law and not the law as it used to be. Some questions – like this one – may include old and new law.

It used to be the view of the courts that the dissolution of an unincorporated association that held assets or property raised or donated by the public or individual donors should be held on resulting trust – per Re West Sussex Constabulary’s Widows, Children and Benevolent (1930) Fund Trusts. However, that is no longer modern law.

Answer B can be eliminated because there is nothing in the fact pattern to suggest circumstances or actions giving rise to a constructive trust – there has been no breach of fiduciary duty by the members of the association to the benefactor by way of closing down the club.

We can safely eliminate Answer C, since there is nothing in the question fact pattern to indicate that an express trust was ever created by the benefactor, or that it failed.

Answer E can also be eliminated, since the doctrine of cy-pres applies only to charitable trusts, which an unincorporated association is clearly not.

The correct answer is D. On the dissolution of an unincorporated association, any assets held for the association are distributed as a matter of contract law in accordance with the contract between the association’s members. If there is no such contract, then the presumption is that the assets are to be split equally amongst the members, per Re Bucks Constabulary Benevolent Fund [1978]. In essence, the distribution of assets on the dissolution of an unincorporated association is no longer a matter of trusts law at all.

“What is the law” questions should, in theory, be quite easy; after all, you simply have to choose the answer that correctly states the law, right?

Unfortunately, it’s not always that simple.

Many “what is the law” questions will generally present answer choices that all broadly state the general principle but which vary in respect of the inclusion (or in some cases, omission) of conditions or information which may or may not be required to correctly state the law. Your challenge is to ensure that the answer choice you select correctly states the law. The difficulty arises when some answer choices lack required detail, whilst others contain additional and wrong information.

Accuracy in respect of European Law provisions are particularly important; some provisions – particularly treaty provisions – are deliberately broad in nature. Directives, however, may be more specific.

Let’s look at the question below as an example.

Article 12 of the European Convention on Human Rights (the Article) lays out provisions protecting the right to marriage. Which option best describes the law laid down by the Article?

1. The right to marry extends to all individuals of legal age and sound mind.
2. The right to marry extends into same sex marriage.
3. The right to marry extends into same sex marriage, but only if one partner has undergone the sex change operation.
4. The right to marry extends to men and women of marriageable age.
5. The right to marry extends to men and women of marriageable age with sound mind.

Let’s go straight to source.

Article 12 states: “Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.”

So clearly, the answer is D. All the other answers either add unnecessary conditions (“legal age/sound mind”.)

Don’t be tempted to choose an answer just because it seems very precise, like Answer E. It adds the condition of “sound mind” where no such condition exists in the wording of the article.

What about the answer choices regarding same sex marriage? Hopefully you’ll have considered your EU Law textbook had you chosen on of the answers relating to same sex marriage. If you didn’t, and interpreted the wording of the Article as applying to same-sex marriages, you’d be wrong. The wording of the article as it currently stands makes no such provision. Despite a number of invitations, the European Court of Human Rights (“ECtHR”) has, so far, refused to apply the protections of the Article to same-sex marriage. The ECtHR has defended this decision on the grounds that the Article was intended to apply only to different-sex marriage, and that a wide margin of appreciation must be granted to parties in this area.

In Goodwin v United Kingdom, the court ruled that a law which still classified postoperative transsexuals by their pre-operative sex violated Article 12, as it meant that postoperative transsexuals were unable to marry individuals of their post-operative sex. This did not, however, alter the ECtHR’s understanding that Article 12 protects only different-sex couples.

As you can see, “what is the law” questions don’t necessarily entail choosing the most detailed or precise answer by default, nor does it mean you should ‘read in’ interpretations of the provisions.

New MCT package gives candidates a flying start to their QLTS preparation thanks to a personal consultation and customised initial study plan.

In December last year, we quietly revamped our MCT packages, adding new features.

As we’ve been flat out updating course content, we didn’t announce the new packages straight away; our priority was to ensure all the course materials reflected the new SRA Day One Outcomes.

The idea was to ‘officially’ announce the new packages in our next webinar (coming later in January) and in a blog post. But people are already seeing the value in the new MCT training courses and signing up, in greater numbers than we expected!

What’s so special about the new offering? The MCT Premium Course includes initial guidance and a tailor-made study plan prepared by a QLTS School senior tutor. The study plan is a suggested calendar for study, with target completion dates for each of the modules and a step-by-step guide to preparation for each Day One Outcome assessed in the MCT. It is prepared after consultation with one of our tutors by telephone and is customised according to the individual needs and circumstances of each candidate.

The personalised study plan is an excellent tool for candidates to make a solid and focused start in their preparation efforts. With suggested yet realistic deadlines, candidates can check their progress and hopefully maintain the self-discipline needed to thoroughly prepare for the ‘gruelling’ (not our words!) QLTS MCT assessments.

So why have we introduced this offering? Easy:

• it’s a good idea; and

• candidates requested it.

Whilst the QLTS Course Handbook – included as standard with all MCT packages – contains generic advice and a blank study guide, we felt it was time to address the needs of candidates who really wanted to hit the ground running or who weren’t quite sure how, when and where to start. After all, there’s a lot of material; the textbooks alone amount to over 2,000 pages!

Candidates often ask: “How long does it take to prepare for the MCT and how long should I spend each week studying?” Without really spending time to understand a candidate’s position, experience, time commitments and needs, neither question can really be answered in anything other than very vague and general terms. Here’s just four of a few reasons why:

• some candidates prepare for the MCT inside of a month (from scratch, we might add!) Others sign-up for the preparation course 3-6 months or even longer. Do you think the same preparation strategies would apply equally to both candidates?

• one candidate may be an experienced civil litigator from a common law jurisdiction who can navigate a contract in her sleep (how’s that for multi-tasking?) whilst a candidate from a civil law jurisdiction may have limited experience working in a law firm with no experience whatsoever of common law;

• if you work full-time, you have less time to study. If you work part-time or can devote yourself to full-time study, you will have more time to prepare;

• Kaplan, the sole assessment provider for the QLTS, provides feedback on the subject areas in which previous MCT candidates did not perform strongly. Perhaps more time should be spent on these areas and less on others? Again, it depends on the candidate.

So check out our MCT course offerings. January is a great time to start preparing for the July MCT – many candidates allow themselves 6 months for study. If you want to really kick start your preparation efforts and take the hard work out of planning your schedule, you should consider the benefits you will enjoy from the initial consultation and personalised study plan offered as part of our new MCT Premium Course.

The Companies Act 2006 introduced several changes with respect to the removal of directors from office before the end of their term. Here is an example of an MCQ which addresses some aspects of this matter.

Two directors of a private limited company are seeking a written resolution from the members of the company in order to remove a director from his post before the end of his term. The director in question believes the resolution must be a special resolution and passed at a meeting of the members, rather than by a written resolution. The articles of association of the company are silent as to the ways directors can be removed from their office before the end of their term.

Which of the following best describes the legal position?

A. A resolution to remove a director is a special resolution and must be passed a meeting.

B. A resolution to remove a director is a special resolution but can be passed by a written resolution.

C. A resolution to remove a director is an ordinary resolution, unless the company’s articles of association state otherwise, and can be passed by a written resolution.

D. A resolution to remove a director is an ordinary resolution, unless the company’s articles of association state otherwise, and can be passed in a meeting or by a written resolution.

E. A resolution to remove a director is an ordinary resolution according to the Companies Act and cannot be passed by a written resolution.

E is the best answer. A resolution to remove a director is an ordinary resolution according to the Companies Act 2006 (the Act) and cannot be passed by a written resolution. Generally, a resolution is an ordinary resolution unless the company’s articles of association state that a higher majority is required than in an ordinary resolution. However, there are some instances in which the Act states that certain decisions by the members are considered to be ordinary resolutions or special resolutions. When the Act states that an ordinary resolution is required – such as a resolution to remove a director before the expiration of his period of office (section 168 of the Act) – this is applicable despite any requirements of a higher majority being made by the company’s articles. The Act requires that a special notice will be given to the company at least 28 days before the meeting at which the decision to remove the director is moved. The Act also states that a resolution of a private company to remove a director or auditor before the expiration of their term in office may not be passed as a written resolution (section 288 of the Act).

This time the question is on Income Tax, which is traditionally considered as one of the more complex areas in the MCT assessment.

Question:

A person who was born in 1973 has income of £60,000 from employment and £30,000 from savings during the 2013-2014 tax year. Due to an administrative error, the bank incorrectly deducted 10% at source (as opposed to 20%). How much income tax is payable by the person based on these figures?

Assumptions (if applicable):

Personal allowance = those born after the 6^th of April 1948- £9,440 (income limit of £100,000); those born between the 6^th of April 1938 and the 5^th of April 1948 – £10,500 (income limit of £26,100); those born before the 6^th of April 1938 – £10,660 (income limit of £26,100).

Rates = Savings £0 – £2,790: 10%; non-savings income from £0 – £32,010: 20% (basic rate); income from £32,011 – £150,000: 40% (higher rate); income over £150,000: 45% (additional rate).

Dividends = 10% (basic); 32.5% (higher rate); 37.5% (additional rate).

A. £28,822
B. £25,822
C. £22,822
D. £19,822
E. £16,822

The total income is £90,000, £80,560 of which is taxable income (total gross income of £90,000 less the personal allowance of £9,440). As the non-savings income is above £32,010, the 40% rate for savings income applies. The Personal Allowance applies to the lower rate items first. The first £32,010 of the non-savings income is taxed at 20% (£6,402). The remainder of £18,550 (non-savings income – £60,000 – £32,010 – £9,440 = £18,550) is taxed at 40% (£7,420). The savings income is taxed at 40% (£30,000 X 40% = £12,000), giving £12,000. The total income tax liability is £25,822 (£6,402 + £7,420 + £12,000). Only £3,000 was deducted by the bank at source. The income tax payable is, therefore, £22,822 – C is the correct answer.

Live QLTS Webinar – Sunday, October 6, 2013 – 4.00pm-5.00pm (GMT)

QLTS School is the premier provider of QLTS courses and consulting services for the QLTS assessments.

We are the only provider that offers preparation courses for the MCT and OSCE assessments. We have been offering our services since the commencement of the QLTS in September 2010. We have a proven track record of candidates who successfully passed all QLTS assessments, first attempt.

Marc Piano, Director of Marketing at QLTS School and QLTS School’s Client Services team, will host a free, hour-long webinar:

“How to Succeed on the QLTS Assessments”

The webinar will cover the following topics:

• Why become an English solicitor?

• The QLTS assessments

• Why do you need a QLTS Course Provider?

• The MCT course (including demonstration of the online training system)

• The OSCE course (practical assessment) – new format from January 2014

The webinar is intended for anyone who is still undecided whether to take the QLTS or to sign up for a course.
Register for the webinar >>>

https://attendee.gotowebinar.com/register/8937029875617394689
We hope to see you there.

Taylor Hannon
QLTS School
Tel: + 44 (0) 207 117 6077
Email: info@qlts.co.uk
Website: www.QLTS.co.uk

Live QLTS Webinar – Sunday, November 3, 2013 – 4.00pm-5.00pm (GMT)

QLTS School is the premier provider of QLTS courses and consulting services for the QLTS assessments.

We are the only provider that offers preparation courses for the MCT and OSCE assessments. We have been offering our services since the commencement of the QLTS in September 2010. We have a proven track record of candidates who successfully passed all QLTS assessments, first attempt.

Marc Piano, Director of Marketing at QLTS School and QLTS School’s Client Services team, will host a free, hour-long webinar:

“How to Succeed on the QLTS Assessments”

The webinar will cover the following topics:

• Why become an English solicitor?

• The QLTS assessments

• Why do you need a QLTS Course Provider?

• The MCT course (including demonstration of the online training system)

• The OSCE course (practical assessment) – new format from January 2014

The webinar is intended for anyone who is still undecided whether to take the QLTS or to sign up for a course.

Register for the webinar >>>

https://attendee.gotowebinar.com/register/1526466640539098625

We hope to see you there.

Taylor Hannon
QLTS School
Tel: + 44 (0) 207 117 6077
Email: info@qlts.co.uk
Website: www.QLTS.co.uk

 Who can apply for exemptions?

European Economic Area (EEA), Intra-UK (Scotland and Northern Ireland) and Swiss applicants may apply to the SRA for exemption from assessment or part of it if they can show they possess sufficient knowledge in a particular legal area. You should complete the QLTS 1 application form and submit this to the SRA with the completed relevant assessment table and supporting evidence. A fee of £400 is payable with the application.

The QLTS-1 form is for EEA and Swiss nationals who have qualified in an EU jurisdiction (i.e. lawyers who meet the requirements of European Directive 2005/36 (Recognition of Professional Qualifications)), and for lawyers who have qualified elsewhere in the UK.

You will not be able to register with Kaplan QLTS, the assessment provider, until this process has been completed and your exemptions have been assessed.

If you are required to take any of the QLTS assessments you will be issued with a document which confirms the elements of the QLTS assessments you are required to complete. You will need to show Kaplan QLTS the document before you register to take the assessments.

If, following submission of your QLTS-1 form, the SRA decides that you are not required to take any of the assessments, you will be eligible to apply for admission as a solicitor of England and Wales straightaway.

Lawyers qualified in other countries (e.g. USA, Australia, China, Singapore, Russia and other countries outside the European Union) are not eligible to apply for exemptions and must complete the entire suite of the QLTS assessments.

Assessment of your previous experience

Each applicant is individually assessed based on their academic knowledge and legal experience. If you believe that you can evidence that you meet some or all of the legal areas tested on the MCT (SRA outcomes), you should include this information as part of your application to the SRA. If you have LLB or LLM from a UK university that can definitely help.

Your evidence will be assessed and the SRA will then let you know which assessments or elements of any assessment (as appropriate) you will be exempt from (or alternatively, which assessments you need to complete in order to be eligible to apply for admission to the Roll of Solicitors of England and Wales.

If no evidence is submitted, you can simply take all of the assessments.

There are no restrictions on what evidence you can put forward towards an assessment, however the evidence must show how the SRA outcomes have been achieved in the context of English (or Welsh) law and practice. The higher the level of qualification and/or experience, the greater the weight which the assessor will attach to your experience (e.g. a 2 hour CPD course in English contract law will carry much less weight than an LLM).

You will need to provide translations of all of your evidence that is not in the English language.

The SRA also strongly advises applicants seeking exemptions to go through each element of indicative content listed for each of the 11 outcomes in the assessment table appropriate to your qualification to show how you have met that outcome through studying English law and/or practice, or your experience of practising English law.

If you do not specifically claim to have achieved an outcome, the SRA will conclude that you need to be assessed on that outcome.

Qualifications/courses

You will need to include transcripts of academic qualifications which give details of the modules studied but only where the modules show that you have taken and passed a module in English law.

In addition, you will be asked to state the level of the qualification or the level at which the course was aimed. Theses or other written work should not be included.

Work Experience

Where you are relying on work experience to demonstrate that you satisfy outcomes, you must give details of:

• the duration of your work experience and the number of hours worked (e.g. per week)
• the level of employment e.g. whether employed as paralegal or as qualified lawyer, or how much responsibility you held
• the nature of the work undertaken (this should relate in as much detail as possible to the indicative content of the QLTS outcomes)
• whether your experience relates to your own jurisdiction or England and Wales, or what proportion of the experience related to English law.

All work experience claimed must be supported with references from employers. The reference should corroborate the work experience evidence that you provide. They should be written by named persons who the SRA may contact for verification if necessary. References must also be recent (within 3 months of your application being received by the SRA) and written for the purpose of your application.

Is it a good idea to apply for exemptions?

While getting exemptions means less material to cover, you need to take into account several considerations:

1. There is a fee of £400 payable to the SRA for processing your application for exemptions, regardless of whether your application ultimately succeeds or not. Otherwise, you do not need to pay any fees at all to the SRA at this point. Kaplan QLTS will not offer any discounts if you have less exams to take. As for course fees, if you decide to enrol onto our training programmes, you may indeed save some of the fees but the discount will not cover the £400.

2. It may take several months to process your application for exemptions which may delay the progress of your legal career.

3. This is a point most candidates are unaware of – getting exemptions is not necessarily in your favour. You need to get a mark of around 55%-60% to pass the MCT. If you have no exemptions, that means you’ll be examined on both legal areas you’re well familiar with (which you could potentially be exempt from), and on those you are not already familiar with at all (for which you cannot get exemptions). In such a case where you have no exemptions at all, your prospects of getting a better score are much higher, as the points you’ll get for the legal areas you master will ‘cover’ for those legal areas not as well known to you.

This is in contrast to a situation where you get exemptions from the legal areas you already know, and need only pass the ones which are entirely new to you. It will be much more challenging to achieve the pass mark in this case.

So the options are to study more legal areas with a higher prospects of success, or study less but potentially have lower prospects of success in the assessments.

It is also not possible to envisage what your chances are of getting exemptions. You will need to apply to the SRA and await their decision.

To learn more about the QLTS assessments and qualifying as an English solicitor, contact us today for a free consultation with one of our QLTS advisors.

What is the OSCE

The Qualified Lawyers Transfer Scheme (QLTS) is designed by the SRA to assess the knowledge and skills of lawyers qualified outside of England & Wales, to gauge their suitability to be admitted as solicitors. One of the ways the SRA does this is through the Objective Structured Clinical Examination (OSCE), which is Part II of the QLTS.

The OSCE tests the way lawyers approach practical legal problems, through five different sets of skills. These skills are legal writing, legal drafting, interviewing and advising, advocacy, and online legal research.

About Online Legal Research

Each of these five skills are assessed through a different scenario-based exercise, known as OSCE stations. The online legal research exercise requires you to research and write up legal advice for a specific scenario, using only electronic legal research tools.

For the purposes of the OSCE, you are only permitted to use either or both of the two leading online academic legal research services, LexisLibrary and Westlaw. Each of these services includes a combination of primary legal resources, i.e. consolidated legislation and caselaw, and commentary texts used by practitioners to get an analysis of how the law is implemented in practice.

Because there is a significant amount of overlap between LexisLibrary and Westlaw, some OSCE candidates pick just one of them to learn and rely on for the legal research exercise. But there are a number of reasons why this could be a bad idea.

1. Get to know their content strengths

Users familiar with each service understand that when you are carrying out legal research under pressure of time (and when is a lawyer ever not under pressure of time?!), you need to work efficiently. To do this, you need to understand quickly what the most direct way to getting accurate information will be. LexisLibrary’s great strength is Halsbury’s Laws of England, which encompasses all of English law in one multi-volume work. When researching an issue you are not already familiar with, Halsbury’s can be the quickest way to get a basic understanding of the law, and copious references to all the relevant primary resources.

On the other hand, Westlaw also contains certain works renowned for their authority on specific issues. For example, Chitty on Contracts is widely regarded as the definitive guide to English contract law, Archbold is the bible for Criminal Procedure, while the White Book is the resource for Civil Procedure.

Knowing where to turn to get a head start on your research could really make the difference. Although you have 60 minutes to complete the legal research assessment, you need to allow at least 15 minutes for reading the question, planning your research, and writing up your advice and sources.

If you are unaware of which content might help you, or don’t know how to access the content effectively, you’re making the task harder than it needs to be.

2. Technical Issues

Aside from overlapping content, one other thing that both LexisLibrary and Westlaw have in common is their tendency to suffer technical issues (sometimes at vital moments!). If you are having to rely on your proficiency with only one of them, and that service is the one suffering from technical issues during the assessment, you may struggle to do yourself justice.

Legal research can be hard enough without trying to figure out how to use the system at the same time. To avoid any concerns of being affected by technical issues, the smart choice is to learn both services.

3. Cross-checking for accuracy

While both LexisLibrary and Westlaw claim to update their content within 24 hours, there are occasions when they fail to live up to this. This can be particularly important when checking recent updates to legislation, as the process for updating legislation can be lengthy.

If you are in doubt about the currency of the version you are looking at on one service, you can simply cross-check with the other service to make sure you are using up to date law.

4. Legislation differences

Earlier we mentioned different resources available on LexisLibrary and Westlaw which could help you with your research. But there are also differences in how legislation is presented to users, each with advantages. And we’re not just talking about stylistic differences. For example, most users researching EU legislation find Westlaw significantly easier to use.

Firstly, Westlaw has a specific tab for EU law research, and then the actual content is presented in a very user-friendly layout. LexisLibrary, on the other hand, places its EU legislation under International Legislation, a relatively obscure link on the left hand side of the main legislation search page, and then everything that follows is far less user-friendly. To its advantage, though, LexisLibrary’s legislation includes on-screen annotations from Halsbury’s Statutes, which can be viewed side-by-side with the actual wording of the statute. These annotations provide you with valuable, time-saving explanations of statutory phrases, and links to key cases and definitions.

The video below depicts the points discussed above:

5. Kaplan’s guidance

It is only natural that you will have a preference for one or the other of LexisLibrary and Westlaw. But Kaplan’s guidance makes clear that although either of these services can be used to find the answer to the research task, “in any particular case it may be easier to use one of these databases rather than the other”.

What they mean is that since you are searching for answers you likely are not already familiar with, one of the services may be easier to use because either it has better content on the topic, or the content is easier to find because of its search algorithm and presentation of results.

This goes to the heart of why legal research can be tricky. You need to know a little bit before you can find the detailed answer you need, and if your searches are coming up with nothing useful, it can be very frustrating.

For all the fantastic depth of content on both LexisLibrary and Westlaw, uninformed searches can still be time-consuming and pain-staking.

Kaplan also mention the fact that if there are any technical issues with one service, you will have to use the other service to carry out the research. The fear of that alone may be enough for some people to decide to learn both systems.

The overall expense of registering for the OSCE and travelling to London is significant, and it is worth making sure you pass on your first attempt.

In summary, it’s fine to have your favourite service, but it makes a lot of sense to get to know how to use both services well. The risk of one of them failing just when you need it is a realistic concern. But more than that, being able to use both systems confidently will help you save valuable time when thinking about how to approach the research task.

If you actually need Halsbury’s Laws of England to get a start on your research, but you only know how to use Westlaw, or don’t even know Halsbury’s exists, you could find it tough to complete the task correctly. Or if you need to find an EU regulation, but only know LexisLibrary, again, you may be slowed down significantly.

Overall, being proficient with both services is the smart move, and could make the difference between success and failure. To learn more about the OSCE assessment and how to prepare effectively for it, take a look at our OSCE Toolkit.

The post 5 Reasons Why You Need to Know Both LexisLibrary and Westlaw for the OSCE Assessment appeared first on | QLTS School.

Every year, hundreds of international lawyers worldwide seek to enhance their careers by dual-qualifying as English solicitors via the Qualified Lawyers Transfer Scheme (QLTS).

The QLTS involves two assessments; the Multiple Choice Test (MCT) and Objective Structured Clinical Examination (OSCE).

MCT: This seems familiar…

Many QLTS candidates aren’t phased by the structure and format of MCT and find it fairly straightforward. This isn’t surprising, as many jurisdictions incorporate some form of multiple choice test(s) as part of the qualification framework. There’s a lot of content to learn and apply when answering the questions, but there’s some comfort that can be derived from the more traditional format of the MCT.

OSCE: It’s an assessment, but not as we know it…

So far, so familiar. But when it comes to the OSCE, there is no comparative or analogous assessment and requires a totally different approach and mindset, as unprepared candidates have found to their cost and dismay.

This is because the OSCE focuses on practical skills, and was originally designed to assess medical students on the clinical abilities required of doctors. In the QLTS, the OSCE assesses practical ‘lawyering’ skills.

While QLTS candidates won’t be taking blood samples or diagnosing illnesses, they will be interviewing, performing advocacy, undertaking legal research and drafting over the course of several discrete ‘stations’. In addition, the legal knowledge expected and areas of law focused on in the OSCE are more nuanced and practical than the application of broader theoretical knowledge in the MCT.

The OSCE is also marked very differently to the MCT. Candidates are marked for each station, but also overall, and their assessment is informed by competency as defined in the SRA’s Day One Outcomes and a narrative description of the standard expected of a candidate.

OSCE Information: Where do I start?

Due to the very specific purpose and unique format of the QLTS OSCE assessment, it is important to fully understand just what you are getting yourself into, what is expected and how you will be assessed.

Whether you are a candidate researching the QLTS to plan your career strategy, or you have just finished the MCT (congratulations, by the way!) and are looking at what comes next, there is no such thing as being over-informed when it comes to the OSCE.

Unfortunately, while there is comprehensive information available on the OSCE, much of it is spread over several documents, full of jargon and doesn’t quite pull together. There is almost an assumed level of knowledge, and putting the pieces together to get a broad picture of the OSCE in clear terms can be difficult and time-consuming.

Introducing the QLTS School OSCE Toolkit – Just For You

Fortunately, at QLTS School we’ve done all the hard work for you on this.

We have thoroughly reviewed all of the available documentation on the QLTS OSCE. Our team have identified the key information and combined it with our own knowledge from 5+ years assisting candidates prepare for and pass the OSCE.

As a result, we are pleased to bring you the QLTS School ‘OSCE Toolkit’, with everything you need to know about how and what you are assessed on, the legal knowledge required, how to prepare for and how to pass the QLTS OSCE with flying colours.

From walking you through exactly what to expect at each station to a detailed discussion of the assessment criteria, the QLTS School OSCE Toolkit is your go-to source of information for the OSCE assessments. This handy guide provides clear explanations, full information and useful advice so that you can plan and prepare as efficiently as possible and get the most out of your OSCE preparation efforts with QLTS School.

Whether you are in the middle of preparation or just starting out, and whether you are studying or thinking of studying with QLTS School or not, we are pleased to offer you this guide for free to help you make informed decisions.

Please download your copy now, and we wish you all the best with your preparation!

The post Introducing the OSCE Toolkit – Everything You Need to Know about the OSCE Assessment before You Start appeared first on | QLTS School.

“Should I study full-time or squeeze preparation in around work?”

Qualified Lawyer Transfer Scheme (QLTS) candidates across the world regularly grapple with this question. Without doubt, it is one of the most common initial enquiries we receive from those looking to take their legal career to the next level through dual-qualification as an English solicitor by passing the QLTS.

Course demands

The areas of law covered by the QLTS span both the breadth and depth of fundamental English law. We often point out to international lawyers seeking to become dual-qualified English solicitors that they are undertaking a course of study that is normally one year full-time or two years part-time for domestic candidates, and to approach their preparation accordingly.

You need to not just know and understand English law, but, through the MCT and OSCE, be able to repeatedly and accurately demonstrate and apply the law and skills expected of a newly-qualified English solicitor on the first day of the job.

Unless you are fully versed in the knowledge and skills requirements for the QLTS assessments, you will be unable to make a realistic and informed decision as to how and how long you need to prepare.

Studying full-time for the QLTS assessments

QLTS full-time study may reduce the time you need to prepare for the QLTS MCT and OSCE, as well as eliminating the distraction and uncertainty that the demands of full-time employment can have on even the best-laid study plans.

Sudden and urgent deadlines, late nights and just sheer cumulative exhaustion after a long day’s work and commute can drain the most determined of QLTS candidates, while the prospect of a weekend of equity and trusts or property law can be quite unappealing after five days of hard work just gone.

With full-time study, you have more flexibility to set your own timetable and can enjoy longer periods of more focused preparation. There is less pressure and risk of disruption, and you don’t need to negotiate time off to attend the exams themselves.

Some QLTS candidates study full-time free of distractions as a result of a planned (or sometimes unplanned) employment break, plentiful financial resources or supportive domestic arrangements. For many of our candidates, however, ‘full-time’ study is, in fact, interspersed between full-time childcare duties or even preparation for other exams or qualifications.

A careful assessment of your own needs, time commitments and timelines needs to be undertaken in conjunction with a clear understanding of the course demands, exam dates, registration cut-offs and potential timetable clashes with your other responsibilities.

Many QLTS candidates study full-time for approximately four to sixth months before attempting the assessments.

Studying part-time for the QLTS assessments

The reality of work and finance for the majority of QLTS candidates means that they must fit their study in around their full-time or part-time, as well as meeting family and other commitments outside work.

While careful planning, discipline and time management are needed for full-time study, these factors are even more critical for those fitting study in around employment. You will be under enough pressure as it is, without the need to artificially and unnecessarily bring more on yourself.

Our first piece of advice is to be realistic. Are you really going to be able to sustain preparation for a high stakes professional assessment inside four months, studying four hours a day during the week and eight hours a day on weekends? You would be at serious risk of burnout, which will jeopardise not only your preparation, but your ability to function at work and as a family member. The increased risk of failure at the assessments, and concomitant resits and further periods of study would only exacerbate these adverse effects.

The most successful QLTS candidates – now enjoying the benefits of dual-qualification as an English solicitor – adopted a systematic and realistic approach to their study. Most studied between 6-12 months while working full-time, and in many cases were able to engage the support of their employers to make things a little easier. They also fully utilised the resources available to them, including mock tests and tutor support and guidance.

For some candidates, their day job became unexpectedly busy, their preparation efforts fell behind their timetable, or both. When this happened, rather than trying to add more pressure to themselves by attempting the assessments regardless, many took a step back and reflected, concluding it best to defer their assessment to the next round rather than try and force the attempt and risk failure and waste money.

How best to work out timings for the QLTS assessments

1. Understand what is expected of you in the assessments; you want certainty from the outset and don’t want any surprises.
2. Work out how much free time you can realistically devote to QLTS study daily, weekly and monthly, in line with your planned assessment date and your own circumstances. Build in some flexibility to account for the unexpected.
3. Make a note of the assessment registration cut-off dates. A few weeks before, self-assess your progress by either attempting the practice questions or a mock test. If you don’t feel you have performed as well as you could have, consider whether proceeding with the assessment is a good idea as opposed to giving yourself more time and less pressure by deferring.
4. Build in holidays and some downtime into your schedule – foregoing sleep or some leisure activity can be as detrimental as not giving yourself enough time to study.

The post Should you Study for the QLTS Assessments While Working? appeared first on | QLTS School.

There’s no way around it: studying for the QLTS, working full-time and maintaining commitments outside work is a big ask in terms of discipline and time management.

The financial cost is also significant, taking into account study materials, assessment fees and travel and logistics costs.

Upcoming changes will allow the MCT to be sat outside London will ease some of the timing, cost and logistical pressures. But despite this, many candidates are, in effect, still compressing the equivalent of a year’s full-time study into a few short months and balancing many other demands on their time during this period, and will want to avoid resit fees in the event that they are unsuccessful.

In the five years we have been supporting candidates preparing for QLTS dual-qualification, we have spoken with firms and individuals alike on this issue. We have compiled a list of ways employers can support employees seeking to enhance their skillset and add value to the business through dual-qualifying as an English solicitor through the QLTS.

Whether this list is useful depends, of course, on each candidate’s situation; taking the QLTS so as to dual-qualify and work as an English solicitor elsewhere is less likely to garner employer support than it would as part of a career development plan within a firm or organisation!

1: Study leave

We often recommend candidates take at least one week of leave prior to attempting the MCT.

This covers a few good days of dedicated focus on practicing the mock tests on our MCT Online Training System, travel to London, attempting the assessment itself and travel back to your original destination, plus some time to ‘decompress’.

For the OSCE, more time may be needed as the assessments often take place over more than one day.

Some employers have a policy that offers study leave in addition to holiday or sick leave. You may wish to check your internal policies or liaise with HR as to whether this is offered as standard.

If your employer does not normally allow for study leave, you may wish to consider speaking with your manager or supervisor and prepare a business case for authorised absence. If you can demonstrate how dual-qualification will benefit your employer and that you intend to stay with them long-term, this can be particularly persuasive.

2: Employer funding

Some employers recognise the value of dual-qualification and have trusted international lawyers on their team. This means they may be prepared to partly or wholly fund the QLTS, whether this includes paying for the training materials, or the costs of attending and attempting the assessments themselves, or both.

Such sponsorship may be on a case-by-case basis, or part of a broader firm policy that may support funding relevant training and development programmes. You may wish to check internally as to your own employers’ position and whether they are amenable to a persuasive business case for sponsorship if not.

A common condition is that the employer will only sponsor one attempt at each assessment; if the candidate fails the first time, they have to pay for further attempts themselves. This is a good incentive to prepare well and well in advance so that you can pass the QLTS assessments on the first attempt!

Employers who fund the course are often prepared to grant study leave as a concomitant part of this support, as well as potentially allowing for protected time during the working day to study.

3: Protected space and time

Even if your employer is not prepared to sponsor or grant additional leave for your assessments, you may find the office environment to more conducive to quiet, focused study for the QLTS than your home.

Consider asking your employer whether you can bring your study materials to work and use meeting spaces or quiet rooms before work, during lunch or after work to carry out your study. This will of course be subject to business need, but these spaces are often resources that are not used during these times. Better yet, if these spaces have PCs connected to the internet, you may also be able to use online resources to increase your knowledge, hone your skills and practice the assessments without interruption.

While formal study leave or sponsorship policies may not be the norm, your management team may recognise your initiative and effort in enhancing your skills and qualifications, and may be prepared to grant protected periods of time each day or week during which you may study. This again may be subject to business need, and for maximum effectiveness the protected time should also mean that you are unavailable for calls or e-mails during this period.

We would love to hear from you on whether and how your employer has supported your QLTS study efforts, and how this has benefited your preparation. Did this support further strengthen your relationship with and commitment to your employer?

The post 3 Ways Your Employer Can Support Your QLTS Studies appeared first on | QLTS School.

The Solicitors Regulation Authority (SRA) has recently announced its plans to offer the Multiple Choice Test (MCT) element of the Qualified Lawyers Transfer Scheme (QLTS) outside the UK.

Following the announcement, Kaplan QLTS, the assessment provider, has entered into a partnership with computer-based testing leader Pearson VUE to deliver the MCT online in various cities around the world.

To check if the MCT is offered in your city and view seat availability, follow these steps:

1. Go to Pearson VUE QLTS home page:

http://www.pearsonvue.com/kaplan/qlts/

Click on ‘Seat availability’ (circled in green in the screenshot below):

2. On the next page, select ‘Kaplan QLTS MCT EXAM’:

3. You will be prompted to a new page where you can find available times for the exam. Click ‘Next’.

4. Here you will be able to conduct the test centre search. For example, let’s check if the MCT is offered in Germany. Type in ‘Germany’ in the search bar and click ‘Search’.

5. The search results show all test centres in Germany or in neighbouring countries. Let’s select the first option that pops up, in this case, ‘Frankfurt’. Check the appropriate box and click ‘Next’.

Now you will look for the available date and time of the exam.

6. In the ‘Select Date’ area, click on the arrow to move the monthly calendar to ‘February 2016‘ (which is the next exam sitting according to Kaplan website at the time of writing this article).

7. Click on the date of the exam in the calendar – ‘February 10, 2016‘.

You will then see that the MCT is available at 09:00 AM. If this timing works for you, click on ‘Register Now’.

8. Here you will need to sign in and complete your booking. You must first register with Kaplan before you can book an assessment with Pearson VUE.

Important note: spaces on all assessments are subject to availability. For maximum availability candidates are advised to book as early as possible.

We hope this information will help you book your MCT assessment quicker.

If you’re ready to get started with your preparation, check our various MCT course packages now.

The post How and Where to Check if the MCT Assessment is Available at Your Location? appeared first on | QLTS School.

The much-anticipated ruling of the Supreme Court in two contract disputes has seen a clarification of the longstanding rule on penalty clauses in English law. The decision of the majority of the panel of seven Supreme Court justices in Cavendish Square Holdings BV v El Makdessi; ParkingEye Limited v Beavis [2015] UKSC 67 is expected to have significant impact on both the study and practice of contract law, as well as on the syllabus for the MCT assessment.

The Previous Regime

The existing rule on penalty clauses has stood since the House of Lords last visited the subject exactly 100 years ago, in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79. In that ruling, the House of Lords held that a liquidated damages clause would be considered a penalty and therefore unenforceable, where the sum to be paid by the defendant was “extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be provided to have followed from the breach”. Since then, the ruling had been understood to mean that where a sum specified in a liquidated damages clause is not a genuine pre-estimate of loss, but is a deterrent against breach, the clause is considered a penalty and is not enforceable.

Background

The two cases considered by the Supreme Court could hardly have been more different; the Cavendish case related to the breach of a non-compete clause in a share purchase and shareholders’ agreement worth many millions, while the ParkingEye case revolved around a disputed parking fine worth £85.

In Cavendish, the failure of the party to abide by restrictive covenants was to result in a significant adjustment of the purchase price. In ParkingEye, the defendant’s failure to park in a free car park for no more than two hours resulted in a fine of £85.

The Ruling of the Supreme Court

In both cases, the Supreme Court ruled that the clauses did not constitute unenforceable penalty clauses. The court explained the decision in Dunlop had been applied too literally for the previous century. The fact that a liquidated damages clause may not be a genuine pre-estimate of loss, but a deterrent against breach, does not necessarily render it a penalty, i.e. a clause designed to punish. Rather, if the clause reflects a legitimate interest in deterring against breach and enforcing the contract, the clause will be upheld as valid. However, if the clause is out of all proportion to that legitimate interest, it will not be upheld.

In Cavendish, the price adjustment was found to reflect the legitimate interest of the buyer in ensuring that the seller remained loyal, even though the level of the price adjustment had no direct connection to any losses. Similarly, in ParkingEye, the court held that the fine reflected ParkingEye’s legitimate interests of ensuring commuters do not try to park there all day, and of funding the expenses of maintaining the free car park.

The Supreme Court also explained that the penalty clause rule only applies to clauses which require a payment in the event of a breach of an obligation. Where a party is not actually obligated to perform an act, but the other party is to receive a payment if the first party does not perform the act, this does not constitute a penalty, but a primary obligation to make a payment.

Finally, the court held that, while the legitimate interests of parties in having the contract performed must be established on a case by case basis, the courts should be less inclined to interfere with a liquidated damages clause in contract where it has been negotiated by commercial parties over time with the advice of sophisticated and experienced legal advisors.

MCT Assessment Impact

Candidates on the MCT in February 2016 (and beyond) are reminded that they are expected to apply the law as it stands on the date of the assessment. While the penalty clause rule still applies, it must now be applied with more consideration of the commercial context and interests of the parties to the contract.

Updates containing the case law discussed in this post together with other important new laws that have recently come into force are available download on our MCT Online Training System.

If you are signed up for the QLTS School MCT Course, log in to your online account, or check our MCT course packages and ensure you are well prepared for the assessment.

You are reminded that unless otherwise stated in advance, you are assessed on the law in force at the time of the MCT assessment.

The post Supreme Court Ruling in Contract Law Clarifies Penalty Clauses Rule appeared first on | QLTS School.

When you first decide to dual-qualify as an English solicitor via the QLTS, you know what’s generally involved – such as the MCT, the OSCE and the areas of law covered.

But when you start to look at the specifics of preparation – the logistics, time commitment and study schedule – the question inevitably arises that will underpin your entire preparation effort: “How long will it take to prepare for the QLTS assessments, and how much time should I allow for study?”

The answer – with typical lawyer-ly equivocation – is: ‘it depends’.

QLTS Preparation Time: Some Perspective

You may find some context helpful:

• the equivalent of the MCT course content is often taught to domestic students through the qualifying law degree or Postgraduate Diploma in Law (known as the GDL) students with some pervasive subjects over the course of a year for the GDL, on a full-time academic basis; and

• OSCE course material and assessment preparation can be compared to a one-year full-time Legal Practice Course (LPC), the current vocational training element of qualification for domestic candidates, which is followed by a two-year training contract.

So that’s at least two years’ study on a full-time basis – longer for part-time study.

The key difference, however, is that there is no experience or training requirement under the QLTS, meaning that QLTS candidates are held to a higher standard than domestic law students. The OSCE assessments also include ‘standardised clients’: actors trained to enact a particular scenario in the role of a client; more law than the LPC, a higher level of skills and marking criteria designed for an outcomes-based assessment.

Yet most QLTS candidates give themselves 6-8 months to prepare for the assessments, and often pass first time. In fact, a typical timeline we see for most candidates is to commence study 3-4 months before the MCT, spending approximately 15 hours per week, then prepare for and attempt the OSCE assessment that immediately follows the MCT. For the OSCE, most candidates study for approximately 15 to 20 hours per week over a 3 to 4 month preparation period.

Compare this with the minimum two-year timeline for domestic candidates, and you’d be forgiven for thinking that the QLTS is easier or requires less effort. However, you should remember that unlike domestic candidates for whom a law degree or the GDL may be their first encounter with any study of law, you have already studied and qualified as a lawyer in your home jurisdiction, so at the very least have a working knowledge of law as a general concept.

That being said, the scope of the syllabus is comprehensive, being based on the same standards expected of a newly-qualified English solicitor who has qualified through the domestic route in England and Wales. In fact, you can spend days just trying to figure out what is covered by the syllabus and understand the SRA requirements.

How Long to Prepare for the QLTS: Preparation Factors to Consider

Beyond the very general observations above, the reality is that you have to weigh up your own circumstances and factor in your current and past experience with English law in general and legal practice in particular to get an idea of how long you can and should commit to preparing for the QLTS. Some things to consider include:

• What are your timelines? If you have a set goal to become dual-qualified by a certain date, check to make sure that this is realistic – qualification within a year of starting out is possible and many candidates do this, subject to assessment timetables, but be you should be under no illusion: preparation for the QLTS involves a challenging and intense period of study.

• Do you have employer support? If your employer is supporting you with time off, protected preparation time or a quiet place to study if you need it, this may allow for more conducive study than trying to fit fragments of preparation in and around the day job.

• How much time can you commit each week? We would recommend a minimum of 15 hours per week for study if you are looking to attempt the MCT within 4 months and at least the same amount of time, if not more, for the OSCE, which requires enhanced legal knowledge as well as developing your legal skills to the level required by the assessments. If you are able, however, to start preparing for the MCT 5-6 months in advance (or even earlier if you can), then 10 hours per week may suffice.

• Are you qualified in a common law jurisdiction? The concept and operation of a common law system can be quite unfamiliar and challenging for lawyers in civil law jurisdictions, but as common law underpins all aspects of English law, familiarity will speed up your understanding of the fundamental tenets of many practice areas.

• Do you have experience of English law? Even if you are not qualified in a common law jurisdiction, if you have prior experience of an area of English law covered by the QLTS assessments, such as through work or a Masters, this will help you with a standing start and may help inform your other areas of study.

• How good is your English? Native English speakers can skip this one. The SRA removed a certified level of English language proficiency as a condition precedent to attempting the QLTS assessments. But don’t be fooled; you need a strong command of English to even understand the course material, let alone attempt the assessments. In the OSCE, you need to demonstrate your proficiency to a level such that you can take accurate instructions from, and give clear and accurate advice to and advocate for client, understand and draft legal documents in English and to exercise rights of audience. No concessions are given for non-native speakers.

• How do you learn? Learning styles differ, and the MCT alone requires you to absorb, understand and demonstrate legal knowledge and application across 11 different areas. If you need time to become completely comfortable with a topic without undue pressure before moving on to the next one, you may want to allow yourself more time than someone who studies well under pressure and can tackle multiple discrete topics in fairly quick succession.

• Are you eligible to apply for exemptions from certain elements of the assessment? Some candidates, such as those qualified in any of the European Union Member States or who have completed the Legal Practice Course, may be eligible to apply to the SRA to have their legal knowledge and experience assessed. However, the evaluation process can take some time and is not always advisable.

• What are your other commitments? Work, family and hobbies can all impact and be impacted by your preparation efforts. The majority of our candidates are busy professionals working long hours; some prefer to start preparation earlier and study for fewer hours each week, while others use the flexibility of QLTS School course materials to, for example, play a video on contract law over breakfast. You want to fit the QLTS preparation around your commitments in life and ensure that none of these suffer due to lack of time, excessive pressure or losing focus on what’s important.

QLTS Preparation: Additional Resources For You

As you can see, there’s no real yardstick for how long to allocate for QLTS study and preparation. The fact is that becoming an English solicitor through the QLTS will require a lot of discipline and commitment in order to pass the assessments to the required standard. You therefore owe it to yourself and those around you to ensure that you carefully consider and plan your study timetable accordingly.

One recent development that will make things easier for you is that you can now take the MCT at a computer test centre in one of many countries worldwide. If you are not based in the UK, this will save time and cost in flying to London and attending the test centre, which often eats into a preparation schedule and requires additional time off work post-test in order to fly back from the UK and recover.

At QLTS School we can help you work out how long you need to spend preparing for the QLTS assessments, and help reduce that time where needed. The MCT Premium course offers a personalised initial consultation, in which you complete a questionnaire and have an interview with a tutor, who will prepare a personalised study plan and timetable for you with study direction and recommended completion dates so that you can hit the ground running and track your progress. Meanwhile, our flexible course delivery and multimedia content means that you can prepare and study in your own time, even during the daily commute, ensuring you squeeze the most out of your available time and no opportunity for study is wasted.

Preparation for the QLTS assessments includes reading through textbooks, watching video tutorials, answering hundreds of self-assessment practice questions and attempting mock exams, which, according to past candidates who have passed the QLTS assessments the first time, is the most important element in the preparation and key to success in the assessments. Sample training material for the MCT and OSCE assessments are also available free of charge on our website.

Course packages for the QLTS vary by features and fees so you can choose the preparation and material that’s right for you.

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