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33 cardsSQE1 (Solicitors Qualifying Examination)

SQE1 Key Statutes and Limitation Periods

33 flashcards on the main limitation periods and key statutory provisions for SQE1 revision in England and Wales. Study material written for practice, not the official assessment.

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Limitation: simple contract
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1
Limitation: simple contract
Six years from breach (Limitation Act 1980 s5).
2
Limitation: contract made by deed
Twelve years from breach (Limitation Act 1980 s8).
3
Limitation: tort (general)
Six years from the date the cause of action accrued (s2).
4
Limitation: personal injury
Three years from the accrual of the claim or the date of knowledge, if later (ss11 and 14).
5
Limitation: latent damage in negligence (no personal injury)
Six years from damage, or three years from the date of knowledge if later, with a 15-year longstop (ss14A and 14B).
6
Limitation: defamation
One year from publication (s4A), subject to the court's discretion to disapply.
7
Limitation: recovery of land
Twelve years (s15), but registered land follows Schedule 6 to the Land Registration Act 2002.
8
Limitation: action on a court judgment
Six years from the date the judgment became enforceable (s24).
9
Limitation: contribution between tortfeasors
Two years from judgment or settlement fixing the liability (s10).
10
Limitation: breach of trust
Six years (s21(3)), with no limit for fraud or for recovering trust property held by the trustee.
11
Limitation: claim under the Human Rights Act 1998
One year from the act complained of (s7(5)), extendable if equitable.
12
Limitation: judicial review
Promptly and in any event within three months of the grounds arising (CPR 54.5).
13
Limitation: child under 18
Time does not run until the 18th birthday (s28); a personal injury claim then has three years.
14
Limitation: fraud, concealment or mistake
Time starts when the claimant discovered, or could with reasonable diligence have discovered, the facts (s32).
15
Companies Act 2006 s172
Duty to promote the success of the company for the benefit of its members as a whole.
16
Companies Act 2006 s168
Removal of a director by ordinary resolution at a meeting on special notice.
17
Companies Act 2006 s260
Statutory derivative claim by a member, needing the court's permission to continue.
18
Companies Act 2006 s994
Unfair prejudice petition by a member.
19
Companies Act 2006 s859A
A registrable charge must be delivered to Companies House within 21 days beginning with the day after creation.
20
Insolvency Act 1986 s238
Transaction at an undervalue: two-year lookback before the onset of insolvency.
21
Insolvency Act 1986 s239
Preference: six months for unconnected persons and two years for connected persons.
22
Insolvency Act 1986 s214
Wrongful trading by a director who knew or should have concluded there was no reasonable prospect of avoiding insolvent liquidation.
23
Law of Property Act 1925 s52
Conveyances of legal estates in land must be made by deed.
24
Law of Property (Miscellaneous Provisions) Act 1989 s2
A contract for the sale of land must be in writing, include all terms and be signed by or for each party.
25
Law of Property Act 1925 s53(1)(b)
A declaration of trust of land must be evidenced in writing.
26
Law of Property Act 1925 s36(2)
Severance of a joint tenancy by written notice to the other joint tenants.
27
Land Registration Act 2002 s27
Legal leases over seven years and legal charges must be registered to take effect at law.
28
Wills Act 1837 s9
A will must be in writing, signed by the testator and witnessed by two witnesses present together.
29
Wills Act 1837 s15
A gift to a witness or the witness's spouse is void, but the will stays valid.
30
Wills Act 1837 s18
Marriage or civil partnership revokes a will unless made in contemplation of it.
31
Proceeds of Crime Act 2002 ss327 to 329
Principal money laundering offences: concealing, arrangements, and acquisition, use or possession of criminal property.
32
PACE 1984 s41
Detention without charge is limited to 24 hours, extendable under later sections to 36 hours and up to 96 hours in total.
33
Inheritance (Provision for Family and Dependants) Act 1975 s4
A claim must normally be made within six months of the grant of representation.

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