SQE2 Case & Matter Analysis 1 — Questions and Answers
Question 1: When analysing a civil dispute, the first step is to identify:
- The remedy sought
- The cause of action and the legal basis for the claim (Correct answer)
- The limitation period
- The defendant's financial position
Correct answer: The cause of action and the legal basis for the claim
Identifying the cause of action establishes the legal framework and determines what elements must be proved, what defences might arise and which court has jurisdiction.
Question 2: Limitation periods in contract claims in England & Wales are governed by the Limitation Act 1980, which provides:
- 12 years for all contract claims
- 6 years from breach for simple contracts, 12 years for deeds (Correct answer)
- 3 years for personal injury embedded in contract claims
- 5 years for all civil claims
Correct answer: 6 years from breach for simple contracts, 12 years for deeds
Simple contracts have a 6-year limitation period from the date of breach; contracts made by deed have 12 years; a 3-year period applies to personal injury claims.
Question 3: In a negligence claim, to establish breach of duty the solicitor must show:
- The defendant intended to cause harm
- The defendant fell below the standard of the reasonable person in the circumstances (Correct answer)
- The claimant suffered a financial loss
- The defendant was aware of the risk
Correct answer: The defendant fell below the standard of the reasonable person in the circumstances
Breach of duty is assessed objectively against the standard of the reasonable person (or reasonable professional in professional negligence), not by reference to subjective intent.
Question 4: Which principle allows a court to draw an inference of negligence from the mere occurrence of an accident?
- Volenti non fit injuria
- Res ipsa loquitur (Correct answer)
- Ex turpi causa
- Novus actus interveniens
Correct answer: Res ipsa loquitur
Res ipsa loquitur ('the thing speaks for itself') allows the court to infer breach of duty where the accident would not ordinarily occur without negligence and the defendant was in control.
Question 5: In professional negligence, the test for the standard of care applicable to a solicitor is:
- The standard of the most competent solicitor in the country
- The standard of the reasonably competent solicitor in the relevant field (Correct answer)
- The standard of a newly qualified solicitor
- Whatever the individual solicitor claims as their standard
Correct answer: The standard of the reasonably competent solicitor in the relevant field
The Bolam/Bolitho test adapted for solicitors requires the standard of the ordinary competent practitioner in that specialism — not the most skilled, but not the least either.
Question 6: Which document sets out the parties' agreed facts, contested issues and procedural timetable in civil litigation?
- Particulars of Claim
- Case Management Order (Correct answer)
- Directions questionnaire
- Pre-action protocol letter
Correct answer: Case Management Order
A Case Management Order issued following the case management conference records the agreed and disputed issues, case summary and procedural steps to trial.
SQE2 Case & Matter Analysis 1
When analysing a civil dispute, the first step is to identify: