Statute List - Propert & Probate

It is said that lawyers need not remember every law, but he should know where to find the law. This is particularly true for tackling TLST because you will have access to legal resource in the exam. You should know where to find and apply the law appropriately for a given set of facts.

Following is a list of statutes relating to property and probate I found in the text book. 

Some of the statutes such as Law of Property Act (highlighted) are very important and therefore one should digest them. A fair scheme / idea of the rest should do.

1.      Property & Probate

1.1.      Access to Neighboring Land Act 1992

1.2.      Administration of Estates Act 1925, 1971

1.3.      Apportionment Act 1870

1.4.      Charities Act 1993, 2006

1.5.      Civil Partnership Act 2004

1.6.      Commonhold and Leasehold Reform Act 2002

1.7.      Commons Registration Act 2006

1.8.      Estate Agents Act 1979

1.9.      Family Law Act 1996

1.10.  Family Law Reform Act 1969, 1987

1.11.  Housing Act 1957, 1985, 1988, 1996, 2004

1.12.  Inheritance (Provision for Family and Dependents) Act 1975

1.13.  Inheritance Act 1984

1.14.  Intestate Estate Act 1952

1.15.  Land Registration Act 1925, 2002

1.16.  Landlord and Tenant Act 1927, 1954, 1985, 1987, 1988

1.17.  Landlord and Tenant (Covenants) Act 1995

1.18.  Law of Property Act 1925

1.19.  Law of Property (Joint Tenants) Act 1964

1.20.  Law of Property (MP) Act 1989, 1994, 1934

1.21.  Law Reform (Succession) Act 1995

1.22.  Leasehold Reform Act 1967

1.23.  Legitimacy Act 1980

1.24.  Local Land Charges Act 1975

1.25.  Married Women’s Property Act 1882

1.26.  Matrimonial Homes Act 1983

1.27.  Mental Capacity Act 2005

1.28.  Planning (Listed Building and Conservation Areas) Act 1990

1.29.  Rent Act

1.30.  Settled Land Act 1925

1.31.  Stamp Act 1974

1.32.  Trustees Act 1925, 2000

1.33.  Trustee Delegation Act 1999

1.34.  Trust of Land Appointment of Trustees Act 1996

1.35.  Wills Act 1837

The Constitutional Law

Here is 7 part lecture on British Constitutional Law. It is excellent:

1 - Introduction to Constitution Law

Source: Core Text Series on Constitutional and Administrative Law

This is an interesting chapter. The summary is since the UK does not have a written constitution, the sources of the law are certain statutes such as Bill of Rights Act, Union of England Act, Parliament Act, European Communities Act, Human Rights Act, etc + common law + constitutional conventions + the royal prerogatives + European community law + customs and practices and certain scholarly work such as Dicey, Blackstone and Jenning. If you dont have a clue about UK government and the monarchy, then you should get some insight.

This subject (except may be Human Rights Act) is relevant only for MCQs and I dont think for the other two.

 As usual I will try to spice up my posts with videos. Here is an youtube video on UK constitutional law.

1 - Introduction to Contract Law

Source: Core text series on Contracts

Contract is one of my favourite topics. I have studied English Contract law earlier, but I should not be over confident. So, I started with the introductory chapter as usual.

After studying this chapter, one should have a reasonable grip over the following:

1) Classical contract theory - 3 threads viz contract is a bargain, contract is a product of parties' will, and freedom of contract - and how this theory has eroded over a period of time (contracts entered into instantly, unilateral contracts, standard form of contracts, Consumer Credit Act, Unfair Contract Terms Act, etc)

2) Two principles features of English contract law - individualism v clear rules - no general doctrine of good faith is applicable. Additionally individualism has been eroded by various statutes particularly consumer related

3) Comparison of contract and tort and contract and restitution (this is an equitable remedy)

Here is a youtube video on contract law which, though long, is a good one. Pl note that the video is on American law, but the principles are applicable for English law too.

1 - Introduction to Criminal Law

Source: Unlocking Criminal Law

After reading the first chapter, you should have working knowledge on the following:

1) Main sources of criminal law - common law and statutory (Civilian lawyers should note that there is no criminal code in England)

2) Broad classification of offences - by source, police powers, type of offence and place of trial

3) Basic elements of crime - actus rea and mens rea

4) Burden of proof ie presumption of innocence, reverse onus in certain cases, and standard of proof ie 'beyond reasonable doubt'. Pl note the difference in civil cases where the standard of proof is 'balance of probability'

5) Criminal justice system in the UK - criminal courts starting from Magistrate's court for summary offences, Crown court for either-way and indictable offences, appeal mechanism for  the QBD, Court of Appeal and the Supreme Court. See the difference in appeal by the defendant (Criminal Appeal Act) and the prosecution.

Also understand the difference between civil law and criminal. If you dont know the difference, watch this video:

1 - Introduction to Tort Law

Source: Unlocking Torts

I as under the wrong impression that the concept of tort came from France. Now I realise that it has been there is England since Norman times and it has grown incrementally!

After reading this chapter, you should able to have understanding of the following:

1) Meaning of tort and its origin (Civilian lawyers should note that there is no code for torts in England)

2) Functions and purpose of tort law (unlike Contract, the purpose is also 'deterrence' please note)

3) Interests protected by tort law (ie personal security, property, reputation, economic interest)

4) Various parties to torts and subtle differences in them (eg The state under the Crown Proceedings Act, minors, child under Congenital Disabilities (Civil Liabilities) Act, married person  under the Husband and Wife Act, corporations, partnerships, insane persons, etc

5) Tort and mens rea, relationship other laws such as contract law

6) Alternative remedies such as ADR, insurance

7) Fault and no-fault (strict liability), joint and several liability, Civil Liability (Contribution) Act

8) Tort and Human Rights Convention (Article 3, 8 nd 13) and Human Rights Act 1998

I think Tort and Human Rights Act is the most important and novel of all the topics here.

Of all torts, I think negligence is the most important topic for exams. Here is a short youtube video which may give you a good push to move forward. Of course I will deal with negligence in greater detail in my future posts.

1 - Introducton to Land Law

Source: Unlocking Land Law

I have just completed reading 1st chapter. After reading this chapter, one should be able to do the following:

1) Appreciate the basic intricacies involved in land

2) Understand the basic structure of Law of Property Act 1925

3) Distinguish various types of heriditaments, tenures and estate in land particularly estate in fee simple absolute (freehold estate) and estate for a term of years (leasehold estate)

4) Appreciate the ownership of the surface of the land, its boundaries, rule of  accretion, diluvian, hedge and ditch, etc

5) Understand the rules relating to items in/on the land like fixtures and fittings (rules relating to purpose and degree of annexation), everyday objects, minerals, treasure, etc, Treasure Act

6) Understand the ownership of airspace above the land, lower stratum and upper stratum, etc.

While this chapter prepares one to get into much more complicated areas of land law, it  is more useful for MCQs part of the assessment rather than the other two.