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train_mark_scheme.csv
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115 lines (115 loc) · 11.1 KB
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criterion_no question_no points criterion
1 Q1 3 Does the lawyer mention the key features of a director?
2 Q1 2 Does the lawyer refer to sections 154-155 CA 2006?
3 Q1 3 Does the lawyer identify the criteria for being a director under the law?
4 Q1 2 Does the lawyer refer to sections 250-251 CA 2006?
5 Q1 2 Does the lawyer refer to the circumstances in which a director can be removed from their position?
6 Q1 3 Does the lawyer refer to s.168 CA 2006?
7 Q1 3 Does the lawyer refer to any relevant case law when advice is provided?
8 Q1 1 Does the lawyer ask which form was signed? Does the lawyer say that you need to fill out Companies House Form TM01 to terminate an appointment of a director?
9 Q1 3 Does the lawyer refer to relevant case law?
10 Q1 3 Does the lawyer provide the correct advice?
11 Q2 2 Does the lawyer ask if all companies involved are limited liability companies?
12 Q2 2 Does the lawyer ask which kind of contract the petitioner had with X?
13 Q2 2 Does the lawyer outline the requirements for lifting the corporate veil?
14 Q2 3 Does the lawyer outline what the options are if X enters into a formal insolvency procedure (particularly administration and liquidation)?
15 Q2 3 Does the lawyer mention that employee wages have a preferential treatment in insolvency?
16 Q2 2 Does the lawyer refer to ss.166-184 ERA 1996 and Schedule 6 IA 1986?
17 Q2 3 Does the lawyer mention that occupational or personal pension schemes are protected under the law, and that the employee can claim unpaid contributions to the Secretary of State?
18 Q2 2 Does the lawyer refer to ss.124-126 Pension Schemes Act 1993?
19 Q2 3 Does the lawyer refer to relevant case law?
20 Q2 3 Does the lawyer provide the correct advice?
21 Q3 3 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company (like Company B) is insolvent?
22 Q3 2 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
23 Q3 2 Does the lawyer refer to s. 122 IA 1986?
24 Q3 3 Does the lawyer identify the powers the courts have when hearing an insolvency petition?
25 Q3 2 Does the lawyer refer to ss.125-128 IA 1986?
26 Q3 3 Does the lawyer identify the duties and powers of insolvency practitioners and official receivers?
27 Q3 2 Does the lawyer refer to ss. 143-146A IA 1986?
28 Q3 2 Does the lawyer say that the liquidator could settle the dispute with company B and/or the possibility of exploring alternative rescue options (such as a company voluntary arrangement, a scheme of arrangement, a restructuring plan or a light-touch administration procedure (in which the debtor remains the director of their own company during administration)?
29 Q3 3 Does the lawyer refer to any relevant case law?
30 Q3 3 Does the lawyer provide the correct advice?
31 Q4 2 Does the lawyer ask which type of bankruptcy procedure has been opened against the director (if any)?
32 Q4 2 Does the lawyer outline the requirements to be appointed as a director under English law?
33 Q4 2 Does the lawyer refer to ss.250-251 IA 1986?
34 Q4 3 Does the lawyer outline the principle of separate legal personality?
35 Q4 3 Does the lawyer outline the exceptions to the principle of separate legal personality?
36 Q4 2 Does the lawyer mention that directors owe fiduciary duties to the company?
37 Q4 2 Does the lawyer refer to ss.171-177 CA 2006?
38 Q4 3 Does the lawyer mention that piercing the corporate veil may occur as a result of the director breaching their fiduciary duties towards the company?
39 Q4 3 Does the lawyer refer to relevant case law?
40 Q4 3 Does the lawyer provide the correct advice?
41 Q5 3 Does the lawyer ask how the company was dissolved?
42 Q5 2 Does the lawyer ask for the forms submitted for dissolving a company?
43 Q5 3 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
44 Q5 2 Does the lawyer refer to s. 122 IA 1986?
45 Q5 2 Does the lawyer identify the powers the courts have when hearing an insolvency petition?
46 Q5 2 Does the lawyer identify the duties and powers of insolvency practitioners and official receivers?
47 Q5 3 Does the lawyer outline the principle of separate legal personality?
48 Q5 2 Does the lawyer outline the exceptions to the principle of separate legal personality?
49 Q5 3 Does the lawyer refer to relevant case law?
50 Q5 3 Does the lawyer provide the correct advice?
51 Q6 5 Does the lawyer ask what kind of formal insolvency procedure has the company been admitted to?
52 Q6 4 Does the lawyer outline the duties of the members of the creditors’ committee?
53 Q6 3 Does the lawyer outline the procedure for removing a member of the creditors’ committee?
54 Q6 3 Does the lawyer say that the matter is regulated by the Insolvency Rules 2016?
55 Q6 5 Does the lawyer refer to any relevant case law?
56 Q6 5 Does the lawyer provide the correct advice?
57 Q7 2 Does the lawyer say the company should not usually require liquidators purely for the reason of being unable to terminate the telecoms contract?
58 Q7 2 Does the lawyer say that potentially, the company may face an insolvent liquidation if the telecom company refuses to compromise or if the contract is not assigned to a third party?
59 Q7 3 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
60 Q7 2 Does the lawyer refer to s. 122 IA 1986?
61 Q7 3 Does the lawyer identify the powers the courts have when hearing an insolvency petition?
62 Q7 2 Does the lawyer refer to ss.125-128 IA 1986?
63 Q7 3 Does the lawyer outline in which circumstances a company can be declared insolvent?
64 Q7 2 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
65 Q7 3 Does the lawyer refer to any relevant case law?
66 Q7 3 Does the lawyer provide the correct advice?
67 Q9 3 Does the lawyer mention the key liquidation options available to the company (i.e. members’ voluntary liquidation and creditors’ voluntary liquidation)?
68 Q9 3 Does the lawyer mention the key restructuring options available to the company (i.e. administration and company voluntary arrangements)?
69 Q9 2 Does the lawyer mention other important restructuring options (i.e. pre-packaged administration, schemes of arrangement and restructuring plans)?
70 Q9 2 Does the lawyer refer to the relevant sections of the law (Insolvency Act 1986 and Companies Act 2006) to describe the liquidation and restructuring options available to the company?
71 Q9 2 Does the lawyer mention that directors owe fiduciary duties to the company (ss.171-177 CA 2006)?
72 Q9 3 Does the lawyer refers to the consequences associated with misfeasance (s.212 IA 1986) and wrongful trading (s.214 IA 1986)?
73 Q9 2 Does the lawyer outline the directors’ duties when the company is insolvent?
74 Q9 2 Does the lawyer warn that some transactions made soon before insolvency could be challenged as being unlawful (ss.238-239, 244-245, 423 IA 1986)?
75 Q9 3 Does the lawyer refer to relevant case law?
76 Q9 3 Does the lawyer provide the correct advice?
77 Q10 3 Does the lawyer mention the key liquidation options available to the company (i.e. members’ voluntary liquidation and creditors’ voluntary liquidation)?
78 Q10 2 Does the lawyer mention the key bankruptcy options (e.g. bankruptcy, IVA, restructuring plan) available to the company director?
79 Q10 2 Does the lawyer refer to the relevant sections of the law (Insolvency Act 1986 and Companies Act 2006) to describe the liquidation and restructuring options available to the company?
80 Q10 3 Does the lawyer mention the potential civil liability of the previous accountants for failing to act according to a professional standard?
81 Q10 2 Does the lawyer mention that directors owe fiduciary duties to the company (ss.171-177 CA 2006)? Does the lawyer outline the directors’ duties when the company is insolvent?
82 Q10 2 Does the lawyer outline the personal and professional consequences following a potential disqualification of the company director?
83 Q10 3 Does the lawyer refers to the consequences associated with misfeasance (s.212 IA 1986), fraudulent (s.213 IA 1986) and wrongful trading (s.214 IA 1986)?
84 Q10 2 Does the lawyer warn that some transactions made soon before insolvency could be challenged as being unlawful (ss.238-239, 244-245, 423 IA 1986)?
85 Q10 3 Does the lawyer refer to relevant case law?
86 Q10 3 Does the lawyer provide the correct advice?
87 Q12 3 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
88 Q12 2 Does the lawyer refer to s. 122 IA 1986?
89 Q12 3 Does the lawyer outline in which circumstances a company can be declared insolvent?
90 Q12 2 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
91 Q12 3 Does the lawyer say to pay creditors in order according to the ranking in insolvency?
92 Q12 2 Does the lawyer mention that directors owe fiduciary duties to the company (ss.171-177 CA 2006)? Does the lawyer outline the directors’ duties when the company is insolvent?
93 Q12 2 Does the lawyer outline the personal and professional consequences following a potential disqualification of the company director?
94 Q12 2 Does the lawyer mention that formalities need to be fulfilled before the company can be struck off the Companies House registry?
95 Q12 3 Does the lawyer refer to any relevant case law?
96 Q12 3 Does the lawyer provide the correct advice?
97 Q13 3 Does the lawyer encourage the petitioner to look at the partnership agreement?
98 Q13 3 Does the lawyer mention that directors owe fiduciary duties to the partnership (ss.171-177 CA 2006)?
99 Q13 3 Does the lawyer outline the consequences for directors in case of misfeasance (s.212 IA 1986), fraudulent (s.213 IA 1986) and wrongful trading (s. 214 IA 1986)?
100 Q13 3 Does the lawyer refer to the rules regulating transactions defrauding creditors (s.423 IA 1986)?
101 Q13 2 Does the lawyer outline the personal and professional consequences following a potential disqualification of the director?
102 Q13 2 Does the lawyer mention that formalities need to be fulfilled before the partnership can be struck off the Companies House registry?
103 Q13 3 Does the lawyer refer to any relevant case law?
104 Q13 3 Does the lawyer provide the correct advice?
105 Q14 3 Does the lawyer identify the different forms of liquidation, and the circumstances in which a company can be liquidated?
106 Q14 2 Does the lawyer refer to s. 122 IA 1986?
107 Q14 3 Does the lawyer identify the powers the courts have when hearing an insolvency petition?
108 Q14 2 Does the lawyer refer to ss.125-128 IA 1986?
109 Q14 3 Does the lawyer outline in which circumstances a company can be declared insolvent?
110 Q14 2 Does the lawyer refer to the relevant statutes (ss. 123-124 IA 1986) to determine if a company is insolvent?
111 Q14 3 Does the lawyer say to pay creditors in order according to the ranking in insolvency?
112 Q14 2 Does the lawyer say to pay secured creditors before unsecured creditors?
113 Q14 3 Does the lawyer refer to any relevant case law?
114 Q14 3 Does the lawyer provide the correct advice?