Questions we Can Help you to Answer
Paper Instructions:
You are a trainee solicitor at BCU Solicitors LLP. Your supervising partner is Barbara Keating. Your supervisor has presented you with 2 separate problem scenarios (Questions 1, 2 and 3) concerning 2 separate clients.
QUESTION 1 850 words
The following documents relate to the first of the problem scenarios for which you must draft written advice in the form of an email to your supervisor. The advice should set out and explain the legal advice to be given to the client. Identify the issues, state the law, apply and then advise.
This morning you arrived at work to find a new file on your desk. On it is a note from your supervisor. In the file is your supervisor’s attendance note of a telephone conversation with the client, Oscar Cowan.
These documents, which contain your first problem to address, are set out on the following pages. You should read the note from your supervisor and the attendance note to gather the essential facts of the case and to identify the client’s legal problems.
Note from your supervisor
FROM:Barbara Keating
TO:Trainee Solicitor
DATE:[Today’s date]
FILE REF:COWAN/0001
RE:Fairway House
Oscar Cowan is a new client. He consulted me this afternoon and appears to have a number of legal problems concerning a freehold property ‘Fairway House’ that he purchased from Arthur Briar earlier this year.
He has just registered his freehold ownership of Fairway House and he saved money by doing all of his own conveyancing. His problems appear complex and I need you to undertake the legal research while I am on annual leave this week.
Can you please prepare an email to me setting out the advice we should give to the client? I will need to review the reasons and the authorities before sending this to the client next week. You will find his problem detailed in my attendance note. Please research any relevant legislation and cases and include details in your advice. You do not need to give the full case citation, only the name and year of the case.
Attendance Note
ATTENDING: Oscar Cowan
FEE EARNER:Barbara Keating
DATE:Today’s date
TIME ENGAGED:20 minutes
FILE REF: COWAN/0001
Oscar Cowan raised issues regarding a freehold property, ‘Fairway House’, he has recently purchased from Arthur Briar. He did his own conveyancing in relation to his purchase to save money and it appears he may have missed some key issues. He recently registered the freehold property in his name.
When Oscar went to move into the property he was shocked to discover Arthur’s estranged wife, Anne, is living there. Anne is refusing to move out of Fairway House because she claims that she contributed £30,000 towards the purchase price when Arthur purchased the property. She was not registered on the freehold title. Arthur and Anne are not divorced. Anne was on holiday at the time of the transfer of Fairway House to Oscar.
I informed Oscar that I would advise him whether Anne has any right to live in the house.
When Oscar purchased Fairway House, he intended to use the garage to store his Aston Martin DB4 (car). However, when he went to the garage he found that Arthur’s friend, Jason, is using it as a workshop. Jason has shown Oscar a written document (a lease) allowing him to occupy the garage for 5 years. I checked the lease document in the meeting - it is a deed and is signed by Arthur and Jason. Signatures were witnessed. The document refers to a period of 5 years. The commencement date is 2nd August 2015.
I informed Oscar that I would advise him whether Jason has any right to continue to use the garage as a workshop.
Action taken after the meeting
Regarding Jason, Oscar emailed documentation including a copy of the Register to Fairway House (dated prior to the purchase). It clearly states the name of the previous owner, Arthur, in the Proprietorship Register, but there is no reference to a lease, nor to anyone call Jason.
Regarding Anne, Oscar also emailed documentation regarding Fairway House, including a copy of the Register (dated prior to the purchase). It clearly states Arthur in the Proprietorship Register, but there is no mention of Anne.
Advice required
a. Advise Oscar whether Anne has any interests or rights over Fairway House and if they are enforceable in the context of registered land.
b. Advise Oscar whether Jason has any interests or rights over Fairway House and if they are enforceable in the context of registered land.
QUESTION 2
This morning you received an email from your supervising partner Barbara Keating.
Please read Barbara’s email set out on the next page together with the attached attendance note regarding a meeting with Amy Trottsworth. Identify the relevant issues and apply the relevant law to the facts.
You are permitted to explain your answer using diagrams (together with written explanations), and to abbreviate names.
Email from your supervisor
From: Barbara Keating
To: Trainee Solicitor
Date: [Today’s Date 09:00]
Subject: Birch Street
Attachment: Attendance Note
Dear Trainee,
I had a meeting with a client yesterday afternoon (Amy Trottsworth). She is a student at BCU and would like some advice in relation to a property that she co-owns with some friends. A dispute has arisen.
I have attached an Attendance Note of my meeting with Amy. I would like you to consider the issues, then research the relevant law and consider what our advice should be. If you need to refer to any relevant cases, then please provide party names and dates.
Please would you consider each issue carefully and email me your advice so that I can read this before I respond to Amy.
Regards,
Barbara
Attendance Note
ATTENDING: Amy Trottsworth
FEE EARNER: Barbara Keating
DATE: [Yesterday’s Date]
TIME ENGAGED: 20 minutes
FILE REF: TROTTSWORTH/BIRCH STREET 0001
Amy is a student at BCU. She is seeking advice in relation to a dispute with several other students on her course with whom she purchased 21 Birch Street (the Property).
In 2016, Amy, Ben, Carl, Dave, and Eric began their law degrees at BCU, and decided to purchase the Property together. Eric was only 17 at the time, but all the others had attained the age of 18.
Amy soon found that she did not enjoy sharing a house with the others, who did not contribute to the housework, and moved out. She offered to sell her share to Ben, but he told her that he couldn’t afford to buy it. She then rented her room to Fiona.
In 2017 Ben obtained a loan from a high street bank and secured it against his interest in the house.
In 2018 Dave became ill and made a will stating that if anything should happen to him, his parents should inherit his interest in the property.
As they will soon be graduating, they had a meeting to discuss what they should do with the property. Ben and Carl favoured selling it, but Dave and Eric were planning to stay on to study for a postgraduate degree.
After the discussions, Carl sent a letter to each of the others indicating his desire to sever his “share‟. Tragically, the next morning, before the post arrived with the letters, Dave was found dead in his bed from an undiagnosed heart defect.
We need to advise Amy as to:
1. The extent of each of the party’s respective rights, with particular regard to the changing legal and equitable ownership of the Property;
2. What action, if any, could be taken to force the sale of the Property, and the likelihood of success. (800 words)
