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test_mark_scheme.csv
We can make this file beautiful and searchable if this error is corrected: It looks like row 2 should actually have 1 column, instead of 2 in line 1.
89 lines (89 loc) · 8.15 KB
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test_mark_scheme.csv
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criterion_no question_no points criterion
1 Q1 3 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
2 Q1 3 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
3 Q1 3 Does the law discuss the differences between cash-flow and balance-sheet insolvency?
4 Q1 2 Does the lawyer refer to s. 122 IA 1986?
5 Q1 3 Does the lawyer identify the powers the courts have when hearing an insolvency petition?
6 Q1 2 Does the lawyer refer to ss.125-128 IA 1986?
7 Q1 3 Does the lawyer clarify that Hopes and expectations of future funding without any rights to those assets are irrelevant (Byblos)?
8 Q1 3 Does the lawyer refer to any relevant case law?
9 Q1 3 Does the lawyer provide the correct advice?
10 Q2 3 Does the lawyer outline the rules on the distribution of assets in insolvency (s.107 IA 1986 and following)?
11 Q2 3 Does the lawyer outlines that secured creditors do not share pari passu, but they are paid in priority on the proceeds generated by the sale of secured assets?
12 Q2 3 Does the lawyer outline the difference between fixed and floating charges?
13 Q2 3 Does the lawyer clarify that the bank is likely to have a fixed charge over the debtor’s family home?
14 Q2 3 Does the lawyer clarify that the debtor cannot transfer his equity to their partner to prevent repossession from the bank?
15 Q2 3 Does the lawyer mention that the security may not be enforceable should the lender not have complied with the rules regulating either their activity as lender or the registration of charges?
16 Q2 3 Does the lawyer refer to any relevant case law?
17 Q2 3 Does the lawyer provide the correct advice?
18 Q3 4 Does the lawyer provide an outline of the different rescue options available under the Insolvency Act 1986?
19 Q3 4 Does the lawyer provide an outline of the different restructuring options available under the Companies Act 2006?
20 Q3 4 Does the lawyer outline the pros and cons of each of these options, and provide advice on the most suitable solution?
21 Q3 4 Does the lawyer suggest the use of a pre-packaged administration procedure?
22 Q3 3 Does the lawyer refer to the changes introduced by the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021
23 Q3 3 Does the lawyer refer to any relevant case law?
24 Q3 3 Does the lawyer provide the correct advice?
25 Q4 4 Does the lawyer provide an outline of the different rescue options available under the Insolvency Act 1986?
26 Q4 4 Does the lawyer provide an outline of the different restructuring options available under the Companies Act 2006?
27 Q4 4 Does the lawyer outline the pros and cons of each of these options, and provide advice on the most suitable solution?
28 Q4 4 Does the lawyer suggest the use of Part 26A restructuring plans?
29 Q4 3 Does the lawyer speak of the ability of cramming down dissenting creditors in a Part 26A plan, and the conditions for doing it?
30 Q4 3 Does the lawyer refer to any relevant case law?
31 Q4 3 Does the lawyer provide the correct advice?
32 Q5 3 Does the lawyer provide an outline of the different rescue options available under the Insolvency Act 1986?
33 Q5 3 Does the lawyer provide an outline of the different restructuring options available under the Companies Act 2006?
34 Q5 4 Does the lawyer outline the pros and cons of each of these options, and provide advice on the most suitable solution?
35 Q5 3 Does the lawyer suggest the use of Part 26A restructuring plans?
36 Q5 3 Does the lawyer speak of the ability of cramming down dissenting creditors in a Part 26A plan, and the conditions for doing it?
37 Q5 3 Does the lawyer refer to any relevant case law?
38 Q5 3 Does the lawyer provide the correct advice?
39 Q6 3 Does the Lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
40 Q6 3 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
41 Q6 3 Does the law discuss the differences between cash-flow and balance-sheet insolvency?
42 Q6 2 Does the lawyer refer to s. 122 IA 1986?
43 Q6 3 Does the lawyer identify the powers the courts have when hearing an insolvency petition?
44 Q6 2 Does the lawyer refer to ss.125-128 IA 1986?
45 Q6 3 Does the lawyer discuss the rescue options available to the debtor?
46 Q6 3 Does the lawyer refer to any relevant case law?
47 Q6 3 Does the lawyer provide the correct advice?
48 Q7 4 Does the lawyer discuss their client’s role (de jure, de facto or shadow director) within the company?
49 Q7 4 Does the lawyer discuss directors’ duties with the client?
50 Q7 4 Does the lawyer outline the relevant rules applicable to directors (ss. 212-213 IA 1986)?
51 Q7 4 Does the lawyer outline the consequences (e.g. disqualification) arising from the director’s misfeasance?
52 Q7 3 Does the lawyer refer to the Company Director Disqualification Order Act 1986?
53 Q7 3 Does the lawyer refer to any relevant case law?
54 Q7 3 Does the lawyer provide the correct advice?
55 Q8 4 Does the lawyer discuss their client’s role (de jure, de facto or shadow director) within the company?
56 Q8 4 Does the lawyer discuss directors’ duties with the client?
57 Q8 4 Does the lawyer outline the relevant rules applicable to directors (ss. 212-213 IA 1986)?
58 Q8 4 Does the lawyer outline the consequences (e.g. disqualification) arising from the director’s misfeasance?
59 Q8 3 Does the lawyer refer to the Company Director Disqualification Order Act 1986?
60 Q8 3 Does the lawyer refer to any relevant case law?
61 Q8 3 Does the lawyer provide the correct advice?
62 Q9 4 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
63 Q9 4 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
64 Q9 3 Does the law discuss the differences between cash-flow and balance-sheet insolvency?
65 Q9 4 Does the lawyer discuss the rescue options available under Insolvency Law 1986?
66 Q9 4 Does the lawyer discuss the restructuring options available under Companies Act 2006?
67 Q9 3 Does the lawyer refer to any relevant case law?
68 Q9 3 Does the lawyer provide the correct advice?
69 Q10 4 Does the lawyer mention the directors’ duties under the Companies Act 2006, ss. 250-277?
70 Q10 4 Does the lawyer discuss the general remedies available against delinquent directors (ss. 212-214 IA 1986)?
71 Q10 4 Does the lawyer discuss the risks associated with preferential payments to some creditors (s. 239 IA 1986)?
72 Q10 4 Does the lawyer outline the consequences (e.g. disqualification) arising from the director’s misfeasance?
73 Q10 3 Does the lawyer refer to the Company Director Disqualification Order Act 1986?
74 Q10 3 Does the lawyer refer to any relevant case law?
75 Q10 3 Does the lawyer provide the correct advice?
76 Q11 3 Does the Lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
77 Q11 3 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
78 Q11 3 Does the lawyer mention the directors’ duties under the Companies Act 2006, ss. 250-277?
79 Q11 3 Does the lawyer discuss the general remedies available against delinquent directors (ss. 212-214 IA 1986)?
80 Q11 4 Does the lawyer outline the consequences (e.g. disqualification) arising from the director’s misfeasance?
81 Q11 3 Does the lawyer refer to the Company Director Disqualification Order Act 1986?
82 Q11 3 Does the lawyer refer to any relevant case law?
83 Q11 3 Does the lawyer provide the correct advice?
84 Q12 5 Does the lawyer refer to the relevant laws (European Insolvency Regulation recast (2015); Cross-Border Insolvency Regulations (2005); Brexit Agreements (2020))?
85 Q12 5 Does the lawyer discuss the difference between COMI and establishment?
86 Q12 5 Does the lawyer discuss the implications of Brexit for the recognition and enforcement of insolvency judgments?
87 Q12 5 Does the lawyer refer to any relevant case law?
88 Q12 5 Does the lawyer provide the correct advice?