SQE2 Case Analysis — Questions and Answers
Question 1: When analysing a client's case for the first time, what should the solicitor identify as a priority?
- The potential fees that can be charged
- The key legal issues, relevant facts, and the strength of the evidence supporting the client's position (Correct answer)
- The name of the opposing solicitor
- Whether the case will receive media attention
Correct answer: The key legal issues, relevant facts, and the strength of the evidence supporting the client's position
Effective case analysis begins with identifying the key legal issues in dispute, determining which facts are relevant and disputed, and assessing the strength and admissibility of the available evidence to support or undermine the client's position.
Question 2: In analysing a breach of contract claim, which of the following must be established to advise the client on the merits?
- Only that a contract existed
- The existence of a valid contract, the specific term breached, that the breach caused loss, and the quantum of damages (Correct answer)
- Only that the client suffered financial loss
- Only that the defendant acted dishonestly
Correct answer: The existence of a valid contract, the specific term breached, that the breach caused loss, and the quantum of damages
A complete analysis of a breach of contract claim requires establishing: (1) a valid contract exists, (2) the specific term(s) breached, (3) the breach caused the client's loss (causation), and (4) the quantification of recoverable damages.
Question 3: When conducting a case analysis, what is the significance of identifying the burden and standard of proof?
- It is irrelevant to case preparation
- It determines which party must prove their case and to what degree, which directly affects strategy and evidence gathering (Correct answer)
- It only matters in criminal cases
- It is determined by the client's preferences
Correct answer: It determines which party must prove their case and to what degree, which directly affects strategy and evidence gathering
The burden of proof (who must prove their case) and the standard of proof (the degree of certainty required — balance of probabilities in civil, beyond reasonable doubt in criminal) are fundamental to case analysis as they shape evidence gathering and trial strategy.
Question 4: A solicitor is analysing a negligence claim where the limitation period is about to expire. What is the most urgent step?
- Send a letter of claim to the defendant
- Issue proceedings to protect the client's position before the limitation period expires (Correct answer)
- Obtain a full medical report
- Arrange a meeting with the client next month
Correct answer: Issue proceedings to protect the client's position before the limitation period expires
When the limitation period is about to expire, the most urgent priority is to issue proceedings to preserve the client's cause of action. Failure to issue before the deadline would bar the claim entirely. Other steps, while important, can follow.
Question 5: In analysing a dispute, what is the purpose of a chronology?
- To provide a decorative addition to the court bundle
- To organise key events in date order, identify gaps in the evidence, and present a clear narrative of what happened (Correct answer)
- To list the names of all parties involved
- To calculate the costs of the litigation
Correct answer: To organise key events in date order, identify gaps in the evidence, and present a clear narrative of what happened
A chronology is a fundamental case analysis tool. It organises events in date order, helping the solicitor identify the sequence of relevant events, spot gaps in evidence, understand the timeline, and present a clear narrative to the court.
Question 6: When analysing the merits of a claim, what does 'prospects of success' mean in practical terms?
- The certainty that the client will win
- An assessment of the likelihood of the client succeeding on each issue, typically expressed as a percentage (Correct answer)
- The number of witnesses available
- The reputation of the opposing solicitor
Correct answer: An assessment of the likelihood of the client succeeding on each issue, typically expressed as a percentage
Prospects of success is a professional assessment of the likelihood of the client's claim or defence succeeding, typically expressed as a percentage or category (e.g., good, reasonable, poor). It is essential for advising on litigation risk and for funding applications.
SQE2 Case Analysis
When analysing a client's case for the first time, what should the solicitor identify as a priority?