SQE1 – Solicitors Qualifying Examination Stage 1 — Questions and Answers

Question 1: Which of the following is the correct test for establishing whether conduct amounts to public nuisance under the criminal and civil law?

An act or omission that materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects (Correct answer)
Conduct that amounts to a statutory breach causing measurable harm to the local authority
Any interference with land that affects more than two neighbouring properties simultaneously
An unreasonable interference with the public's use of the highway that results in physical damage

Correct answer: An act or omission that materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects

Public nuisance requires conduct that materially affects the reasonable comfort and convenience of a class of persons, as stated by Romer LJ in Attorney-General v PYA Quarries Ltd [1957].

Question 2: Which Act governs the admissibility of bad character evidence in criminal proceedings?

Criminal Evidence Act 1898
Youth Justice and Criminal Evidence Act 1999
Criminal Justice Act 2003 (Correct answer)
Police and Criminal Evidence Act 1984

Correct answer: Criminal Justice Act 2003

The Criminal Justice Act 2003 (ss.98–113) replaced the old common law rules and sets out the gateways through which bad character evidence of defendants and non-defendants may be admitted.

Question 3: On completion of a residential sale, when must Stamp Duty Land Tax (SDLT) be filed and paid?

Within 60 days
Within 30 days
Within 3 months
Within 14 days (Correct answer)

Correct answer: Within 14 days

SDLT must be filed with HMRC and any tax paid within 14 days of the effective date of the transaction.

Question 4: How should a solicitor verify the authority of a legal case?

By searching for it on general internet search engines
By seeing how many times it is mentioned in textbooks
By relying on a colleague's opinion
By checking its citation history and current standing in legal databases (Correct answer)

Correct answer: By checking its citation history and current standing in legal databases

To verify the authority of a legal case, a solicitor must check its citation history and current standing using specialized legal databases like LexisNexis or Westlaw. This process, often called 'shepardizing' or 'keyciting,' reveals if the case has been affirmed, reversed, overruled, or distinguished by subsequent courts. This critical step ensures that the case remains good law and is still binding precedent, preventing reliance on outdated or overturned legal authority.

Question 5: Under the SRA's 'Principles', which Principle requires solicitors to act with integrity?

Principle 1
Principle 5 (Correct answer)
Principle 3
Principle 7

Correct answer: Principle 5

SRA Principle 5 requires that solicitors act with integrity in all that they do, covering honesty, trustworthiness, and consistency of professional behaviour.

Question 6: Which tool is commonly used for online legal research?

Wikipedia
Social media platforms
Google Scholar
LexisNexis (Correct answer)

Correct answer: LexisNexis

LexisNexis is one of the leading professional online legal research platforms, widely used by solicitors, law firms, and legal professionals. It provides comprehensive access to primary legal sources (like statutes and case law), secondary sources, news, and other legal information. Its specialized tools and extensive databases make it an essential and reliable resource for in-depth legal research, far more comprehensive than general search engines.

Question 7: What document is issued when a person dies without a will and an administrator is appointed to deal with their estate?

Assent
Deed of Variation
Grant of Probate
Letters of Administration (Correct answer)

Correct answer: Letters of Administration

Where there is no will (or no executor able and willing to act), the Probate Registry issues Letters of Administration to the person entitled to administer the estate.

Question 8: The 'eggshell skull' rule in tort law provides that:

Damages are capped at what would have been suffered by an ordinary person without any vulnerability
A defendant must take their victim as they find them and is liable for the full extent of the claimant's injury, even if unforeseeable due to a pre-existing condition (Correct answer)
A defendant is only liable for the foreseeable extent of the claimant's injuries regardless of any pre-existing vulnerabilities
Liability is shared between the defendant and the claimant where the claimant had a pre-existing condition

Correct answer: A defendant must take their victim as they find them and is liable for the full extent of the claimant's injury, even if unforeseeable due to a pre-existing condition

The 'eggshell skull' (or 'thin skull') rule, illustrated in Smith v Leech Brain & Co [1962], requires the defendant to take the claimant as they find them, bearing full liability even if the injury is more severe due to the claimant's pre-existing condition.

Question 9: What is the purpose of a 'disclosure letter' in a share purchase transaction?

To provide the buyer's financing confirmation
To notify Companies House of the share transfer
To list the assets being transferred
To qualify the seller's warranties by disclosing known exceptions (Correct answer)

Correct answer: To qualify the seller's warranties by disclosing known exceptions

The disclosure letter allows the seller to qualify the warranties given in the SPA by disclosing specific facts that would otherwise constitute a warranty breach.

Question 10: In the tort of private nuisance, which element must the claimant establish regarding their interest in land?

The claimant must own the freehold title to the property
The claimant must be a mere licensee with permission to use the land
The claimant must have a proprietary or exclusive possessory interest in the affected land (Correct answer)
The claimant need only show they were physically present on the land at the time

Correct answer: The claimant must have a proprietary or exclusive possessory interest in the affected land

Following Hunter v Canary Wharf Ltd [1997], only those with a proprietary or exclusive possessory interest in the land (e.g., owner or tenant) can sue in private nuisance.

Question 11: Under the SRA Principles, which Principle requires that solicitors only act within the bounds of their competence?

Principle 4 — acting with competence and skill (Correct answer)
Principle 1 — upholding the rule of law
Principle 7 — acting in the best interests of the client
Principle 5 — acting with integrity

Correct answer: Principle 4 — acting with competence and skill

SRA Principle 4 requires solicitors to act with honesty and competence, and solicitors must only take on matters within their knowledge and skill, referring clients elsewhere when appropriate.

Question 12: What is a primary source in legal research?

A legal textbook
A statute or a court decision (Correct answer)
A law review article
An opinion piece in a legal journal

Correct answer: A statute or a court decision

Primary sources in legal research are the authoritative statements of law itself, representing the actual legal rules that courts apply. These include statutes (laws passed by legislative bodies), regulations (rules issued by administrative agencies), and court decisions (judicial opinions that interpret the law and set precedents). Unlike secondary sources, which analyze or comment on the law, primary sources are the binding legal authorities.

Question 13: What is a key skill required for effective legal research?

Speed reading
Memorizing all legal cases
Identifying relevant legal sources and analyzing them critically (Correct answer)
Only using online resources

Correct answer: Identifying relevant legal sources and analyzing them critically

Effective legal research goes beyond simply finding information; it requires the skill to identify the most relevant legal sources, such as statutes, case law, and regulations. Crucially, a solicitor must then critically analyze these sources to understand their applicability, authority, and implications for the specific legal issue at hand. This critical analysis ensures the legal advice given is sound, well-supported, and tailored to the client's situation.

Question 14: Which Protocol governs residential conveyancing transactions in England and Wales?

The SRA Conveyancing Code
The RICS Protocol
The HM Land Registry Protocol
The Law Society Conveyancing Protocol (Correct answer)

Correct answer: The Law Society Conveyancing Protocol

The Law Society Conveyancing Protocol sets out best practice for residential freehold and leasehold transactions.

Question 15: In drafting legal documents, what is the significance of using clear and precise language?

To confuse the opposing party
To ensure the document is legally enforceable and understood by all parties (Correct answer)
To impress the court with complex terms
To make the document look sophisticated

Correct answer: To ensure the document is legally enforceable and understood by all parties

Using clear and precise language in drafting legal documents is paramount to ensure that the document's intent is unambiguous and legally enforceable. Ambiguity can lead to misinterpretation, disputes, and potentially render a document ineffective or unenforceable in court. Clarity ensures all parties, including judges and clients, fully understand their rights, obligations, and the document's legal implications, thereby preventing future conflicts.

Question 16: What is the SRA's approach to 'undertakings' given by solicitors?

An undertaking binds only the firm, not individual solicitors
An undertaking is only enforceable if in writing
An undertaking is a binding professional obligation that must be performed regardless of the client's instructions (Correct answer)
An undertaking can be withdrawn at any time before performance

Correct answer: An undertaking is a binding professional obligation that must be performed regardless of the client's instructions

A solicitor's undertaking is a solemn promise that creates a personal professional obligation; failure to honour it is a serious breach of conduct regardless of the client's subsequent instructions.

Question 17: In litigation, what is 'discovery'?

The pre-trial phase where parties exchange information and evidence relevant to the case (Correct answer)
The judge’s final ruling
The process of presenting evidence at trial
The appeal process

Correct answer: The pre-trial phase where parties exchange information and evidence relevant to the case

Discovery is a crucial pre-trial process in litigation where opposing parties exchange information and evidence relevant to the case. This phase allows both sides to understand the strengths and weaknesses of each other's arguments, preventing surprises at trial. It involves various tools like interrogatories, requests for production of documents, and depositions, often encouraging settlement before trial.

Question 18: Under the Sentencing Code, what does the 'totality principle' require when sentencing for multiple offences?

That the longest individual sentence determines the total
That the overall sentence reflects the totality of offending and is just and proportionate (Correct answer)
That sentences for each offence run consecutively
That all sentences must run concurrently

Correct answer: That the overall sentence reflects the totality of offending and is just and proportionate

The totality principle requires the sentencer to step back and ensure the total sentence, whether consecutive or concurrent, is just and proportionate to the overall criminality.

Question 19: Which form is used to grant a new lease of a registered title?

AP1
FR1
TR1
LR1 (Correct answer)

Correct answer: LR1

The LR1 form (now incorporated into the lease document) is required to register a new lease of registered land at HMLR.

Question 20: What is the purpose of a 'requisition on title' in conveyancing?

To request completion funds from the lender
To search the land charges register
To raise queries on the seller's title after receiving the draft contract (Correct answer)
To register the transfer at HMLR

Correct answer: To raise queries on the seller's title after receiving the draft contract

Requisitions on title are formal written enquiries sent by the buyer's solicitor to clarify or resolve issues revealed by the title investigation.

Question 21: What obligation does a solicitor owe when they discover a mistake in their own work that has caused loss to the client?

To remedy the mistake quietly without informing the client
To inform the client promptly, advise them to seek independent advice, and notify their insurer (Correct answer)
To inform the court immediately
Only to inform the SRA

Correct answer: To inform the client promptly, advise them to seek independent advice, and notify their insurer

When a solicitor's error causes loss, they must promptly tell the client, advise them to seek independent legal advice about any claim, and notify their professional indemnity insurer.

Question 22: Which document transfers legal title to registered land in England and Wales?

AS1
FR1
TR1 (Correct answer)
TP1

Correct answer: TR1

The TR1 form is used to transfer the whole of a registered title to a new owner.

Question 23: Which court deals with summary-only offences in England and Wales?

Magistrates' Court (Correct answer)
Crown Court
County Court
High Court

Correct answer: Magistrates' Court

Summary-only offences, such as most motoring offences, are tried exclusively in the Magistrates' Court before magistrates or a District Judge.

Question 24: What is a 'pre-emption right' in a company context?

The right of a director to veto new share issuances
The right of a creditor to be paid before shareholders
The right of existing shareholders to be offered new shares before they are issued to outsiders (Correct answer)
The right to buy back shares at a fixed price

Correct answer: The right of existing shareholders to be offered new shares before they are issued to outsiders

Statutory pre-emption rights under s.561 CA 2006 require companies to offer new ordinary shares to existing shareholders on a pro-rata basis before issuing to third parties.

Question 25: What does it mean for a gift to 'adeem' in the law of wills?

The beneficiary disclaims the gift
The specific gift fails because the subject matter no longer exists in the estate at death (Correct answer)
The gift is transferred to the residuary estate
The gift is doubled due to a codicil

Correct answer: The specific gift fails because the subject matter no longer exists in the estate at death

Ademption occurs when a specifically gifted item has been sold, lost, or destroyed before the testator's death, leaving nothing to pass under that gift.

Question 26: What is the test for dishonesty following the Supreme Court decision in Ivey v Genting Casinos [2017]?

A two-stage test combining subjective and objective elements
Whether the defendant subjectively believed they were acting honestly
Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people (Correct answer)
Whether the defendant knew their conduct was dishonest

Correct answer: Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people

Ivey established a single objective test: a court first ascertains the defendant's actual state of knowledge, then asks whether their conduct was dishonest by the standards of ordinary honest people.

Question 27: Which of the following assets does NOT pass through a deceased's estate and is not subject to a grant of probate?

A pecuniary legacy under a will
Shares held in the deceased's sole name
Jointly owned property held as beneficial joint tenants (Correct answer)
A sole bank account

Correct answer: Jointly owned property held as beneficial joint tenants

Property held as beneficial joint tenants passes by survivorship to the surviving joint tenant(s) automatically and outside the estate.

Question 28: What is the term for the document issued by the Probate Registry authorising an executor to administer a deceased person's estate?

Grant of Probate (Correct answer)
Letters of Administration
Grant of Representation
Confirmation

Correct answer: Grant of Probate

A Grant of Probate is issued to the executor(s) named in a valid will, authorising them to collect assets, pay debts, and distribute the estate.

Question 29: Under the Law of Property Act 1925, what is the maximum duration for a legal lease created without deed?

5 years
3 years (Correct answer)
21 years
7 years

Correct answer: 3 years

Under s.54(2) LPA 1925, a lease of up to 3 years taking effect in possession at market rent requires no deed.

Question 30: What is the significance of secondary sources in legal research?

They offer expert analysis and commentary on the law (Correct answer)
They provide the most up-to-date legal rules
They are primarily used for entertainment
They are binding legal authorities

Correct answer: They offer expert analysis and commentary on the law

Secondary sources in legal research, such as law review articles, treatises, and legal encyclopedias, provide expert analysis, commentary, and summaries of primary law. While not binding authority themselves, they are invaluable for understanding complex legal concepts, identifying relevant primary sources, and gaining different perspectives on legal issues. They help researchers grasp the context and implications of the law, guiding them to the most pertinent primary authorities.

Question 31: In negligence, which of the following correctly states the three-part test established in Caparo Industries plc v Dickman [1990]?

Foreseeability of damage, proximity between the parties, and it is fair, just and reasonable to impose a duty (Correct answer)
Intentional act, causation, and resulting harm to the claimant
Breach of statutory duty, damage, and causation
Reasonable reliance, assumption of responsibility, and economic loss

Correct answer: Foreseeability of damage, proximity between the parties, and it is fair, just and reasonable to impose a duty

The Caparo three-part test requires: (1) the damage was foreseeable, (2) there was proximity between claimant and defendant, and (3) it is fair, just and reasonable to impose a duty of care.

Question 32: What is an 'overriding interest' in the context of registered land?

A superior title claim
An interest that overrides a mortgage
An interest binding on a purchaser without appearing on the register (Correct answer)
A restrictive covenant registered at HMLR

Correct answer: An interest binding on a purchaser without appearing on the register

Overriding interests bind a registered proprietor even though they are not entered on the register, as listed in Schedule 3 LRA 2002.

Question 33: Under the Criminal Procedure Rules, what is the overriding objective?

That defendants be convicted where evidence permits
That victims receive compensation
That criminal cases be dealt with justly (Correct answer)
That cases be resolved as quickly as possible

Correct answer: That criminal cases be dealt with justly

CrimPR r.1.1 states the overriding objective is that criminal cases be dealt with justly, balancing the interests of defendants, victims, and the public.

Question 34: Under the Companies Act 2006, what is the minimum number of directors required for a private limited company?

2
3
1 (Correct answer)
4

Correct answer: 1

Section 154(1) CA 2006 requires a private company to have at least one director, who must be a natural person.

Question 35: What obligation does a solicitor have if they discover that their client has given them false information that has been passed to the court?

They must immediately disclose the false information to the court
They must report the client to the SRA
They must cease to act if the client refuses to correct the position, but cannot reveal the false information without consent (Correct answer)
They must continue acting and say nothing

Correct answer: They must cease to act if the client refuses to correct the position, but cannot reveal the false information without consent

A solicitor cannot actively mislead the court; if the client refuses to correct false information, the solicitor must cease acting but cannot breach confidentiality by revealing it.

Question 36: Under the Consumer Protection Act 1987, what type of liability does a producer bear for damage caused by a defective product?

Liability only where the producer was aware of the defect at the time of supply
Strict liability, without the need for the claimant to prove fault or negligence (Correct answer)
Vicarious liability for the acts of all persons in the supply chain
Negligence-based liability requiring proof that the producer knew of the defect

Correct answer: Strict liability, without the need for the claimant to prove fault or negligence

The Consumer Protection Act 1987 implements the EU Product Liability Directive and imposes strict liability on producers for defective products, meaning the claimant does not need to prove negligence.

Question 37: What is the primary purpose of the doctrine of stare decisis?

To ensure that lower courts follow higher court decisions (Correct answer)
To provide flexibility in legal interpretations
To allow judges to create new laws
To standardize legal procedures across jurisdictions

Correct answer: To ensure that lower courts follow higher court decisions

The doctrine of stare decisis, meaning 'to stand by things decided,' is a fundamental principle in common law systems. Its primary purpose is to ensure that lower courts follow precedents established by prior decisions of higher courts in similar cases. This doctrine promotes consistency, predictability, and fairness in the application of the law, contributing to the stability and legitimacy of the legal system.

Question 38: Which legal concept describes a right to use another person's land for a specific purpose?

Profit à prendre
Licence
Covenant
Easement (Correct answer)

Correct answer: Easement

An easement is a proprietary right allowing its holder to use another's land in a defined way, such as a right of way or drainage right.

Question 39: In the context of the tort of negligence, what does 'novus actus interveniens' mean and what is its legal effect?

A statutory defence that defeats a claim where the claimant's own conduct was the proximate cause
A new intervening act by a third party or the claimant that breaks the chain of causation and relieves the original defendant of liability (Correct answer)
A contributory act by the claimant that reduces damages under the 1945 Act
A subsequent act by the defendant that increases the claimant's loss and therefore increases the damages payable

Correct answer: A new intervening act by a third party or the claimant that breaks the chain of causation and relieves the original defendant of liability

Novus actus interveniens is a new act by a third party or the claimant that is sufficiently independent and significant to break the chain of causation between the defendant's breach and the claimant's damage, thereby relieving the defendant of liability.

Question 40: When must a solicitor cease acting for a client due to a conflict of interest?

When the solicitor personally dislikes one of the clients
Only in contentious matters
When there is a significant risk that acting for one client will materially affect the interests of another (Correct answer)
Only when both clients instruct the solicitor to stop

Correct answer: When there is a significant risk that acting for one client will materially affect the interests of another

Under the SRA Codes of Conduct, a solicitor must not act where there is a significant risk of a conflict of interest between two or more clients, subject to limited exceptions with informed consent.

Question 41: What is a 'deed of variation' in the context of estate administration?

An agreement between personal representatives to change the administration order
A document signed by beneficiaries to redirect inherited assets, effective for IHT and CGT if made within 2 years of death (Correct answer)
A court order varying the terms of a will
A deed revoking the original will

Correct answer: A document signed by beneficiaries to redirect inherited assets, effective for IHT and CGT if made within 2 years of death

A deed of variation allows beneficiaries to redirect their inheritance within 2 years of death, and if properly drafted, the redirection is treated as if made by the deceased for IHT and CGT purposes.

Question 42: When is a codicil used in will drafting?

To make a minor amendment to an existing will without revoking it (Correct answer)
To replace an entire will
To appoint a new executor only
To register the will at the Probate Registry

Correct answer: To make a minor amendment to an existing will without revoking it

A codicil is a formal supplementary document that amends specific provisions of an existing will while leaving the rest of the will intact.

Question 43: Under the Companies Act 2006, what is the general rule on financial assistance by a private company for the acquisition of its own shares?

It remains prohibited without court approval
It is always permitted if approved by directors
Financial assistance is no longer prohibited for private companies following the CA 2006 (Correct answer)
It is permitted only with shareholder approval by special resolution

Correct answer: Financial assistance is no longer prohibited for private companies following the CA 2006

The CA 2006 abolished the prohibition on financial assistance for private companies, removing the need for the old 'whitewash' procedure.

Question 44: Which principle from Rylands v Fletcher (1868) imposes strict liability on a defendant?

A person who brings onto land something likely to do mischief if it escapes must keep it at their peril (Correct answer)
Any interference with a neighbour's land gives rise to automatic liability
An occupier is strictly liable for all acts of independent contractors on their land
Strict liability arises whenever a non-natural use of land causes foreseeable harm

Correct answer: A person who brings onto land something likely to do mischief if it escapes must keep it at their peril

Rylands v Fletcher imposes strict liability where a defendant brings onto land something likely to do mischief if it escapes, and it does escape causing damage; non-natural use of land is also required.

Question 45: What is 'adverse possession' in land law?

Owning land subject to a mortgage
Occupation of land under a licence
Acquiring title by long, open, and uninterrupted occupation of land (Correct answer)
Possession of land under a void title

Correct answer: Acquiring title by long, open, and uninterrupted occupation of land

Adverse possession allows a squatter to acquire title after a qualifying period of factual possession and intention to possess, treating the land as their own.

Question 46: What is the purpose of an 'assent' in estate administration?

To appoint a new executor
To transfer shares in a company
To vest a property asset in the beneficiary entitled under the will or intestacy (Correct answer)
To apply for a grant of probate

Correct answer: To vest a property asset in the beneficiary entitled under the will or intestacy

An assent (AS1 for registered land) is executed by the personal representatives to transfer title in a property to the person entitled as beneficiary.

Question 47: Under the Landlord and Tenant Act 1954, which section gives business tenants the right to renew their lease?

Section 24 (Correct answer)
Section 33
Section 30
Section 25

Correct answer: Section 24

Section 24 of the LTA 1954 confers on qualifying business tenants the statutory right to a new tenancy on expiry of their current lease.

Question 48: Under the Police and Criminal Evidence Act 1984, what is the maximum period a person can be detained without charge before a Superintendent's extension is required?

24 hours (Correct answer)
48 hours
36 hours
96 hours

Correct answer: 24 hours

PACE s.41 provides that detention without charge must not exceed 24 hours, after which a Superintendent must authorise a further period up to 36 hours.

Question 49: Under the Inheritance (Provision for Family and Dependants) Act 1975, who can apply to the court for financial provision from a deceased's estate?

Only those named in the will
Spouse, former spouse, cohabitant, child, or dependant of the deceased (Correct answer)
Only the surviving spouse
Only blood relatives

Correct answer: Spouse, former spouse, cohabitant, child, or dependant of the deceased

The 1975 Act gives a broad class — including spouses, former spouses, cohabitants of 2+ years, children, and dependants — the right to apply for reasonable financial provision.

Question 50: What is the primary purpose of legal research?

To impress clients with extensive knowledge
To find loopholes in the law
To avoid reading legal texts
To gather relevant legal information to support a case (Correct answer)

Correct answer: To gather relevant legal information to support a case

The primary purpose of legal research is to systematically gather and analyze relevant legal information, including statutes, case law, and regulations, that directly pertains to a client's case or legal issue. This comprehensive understanding allows a solicitor to formulate sound legal arguments, provide accurate advice, and effectively represent their client's interests. It is a foundational step for any legal work, ensuring decisions are well-informed and legally sound.

Question 51: What does 'arbitration' entail in dispute resolution?

Non-binding advice from a third party
A binding decision made by a neutral third party after hearing arguments and evidence (Correct answer)
A process strictly limited to family law disputes
Informal negotiations between parties

Correct answer: A binding decision made by a neutral third party after hearing arguments and evidence

Arbitration entails a formal process within Alternative Dispute Resolution where disputing parties present their arguments and evidence to a neutral third party, the arbitrator. Unlike mediation, the arbitrator acts like a judge, making a final and legally binding decision (an award) after considering all information. This method offers a quicker and often more private resolution than court litigation, with the outcome being enforceable.

Question 52: Which Companies Act 2006 duty requires directors to promote the success of the company for the benefit of its members?

Section 177
Section 175
Section 172 (Correct answer)
Section 174

Correct answer: Section 172

Section 172 CA 2006 imposes a duty on directors to act in the way they consider, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole.

Question 53: What is the purpose of the SRA's 'Transparency Rules'?

To regulate advertising by solicitors
To govern disclosure of financial interests in client matters
To require law firms to publish price and service information so clients can make informed choices (Correct answer)
To mandate the publication of annual accounts

Correct answer: To require law firms to publish price and service information so clients can make informed choices

The SRA Transparency Rules require firms to publish information about their prices, service, and regulatory status to help consumers compare and choose legal services.

Question 54: What is the legal effect of a company becoming insolvent on a floating charge?

The floating charge converts to a fixed charge prospectively
The floating charge is automatically released
The floating charge crystallises and attaches to the assets (Correct answer)
The floating charge remains unaffected

Correct answer: The floating charge crystallises and attaches to the assets

Upon a crystallisation event such as insolvency, a floating charge converts to a fixed charge and attaches to the assets covered at that moment.

Question 55: What is the personal representatives' duty regarding estate debts before distributing assets to beneficiaries?

They must pay all debts and liabilities in the correct statutory order before distribution (Correct answer)
Debt payment is optional if all beneficiaries consent
They only need to pay secured creditors
They may distribute to beneficiaries first if assets are sufficient

Correct answer: They must pay all debts and liabilities in the correct statutory order before distribution

Personal representatives are personally liable if they distribute assets without first discharging the estate's liabilities in the order prescribed by the Administration of Estates Act 1925.

Question 56: What is the effect of marriage on a pre-existing will?

It automatically revokes the will (Correct answer)
It has no effect on the will
It converts the will to a mutual will
It revokes only gifts to former spouses

Correct answer: It automatically revokes the will

Under s.18 Wills Act 1837, marriage automatically revokes any will made before the marriage, unless the will was expressly made in contemplation of that marriage.

Question 57: What does 'client due diligence' (CDD) require under the Money Laundering Regulations 2017?

Verifying the client's professional qualifications
Obtaining a police clearance certificate
Verifying the identity of the client and the beneficial owner and understanding the purpose of the matter (Correct answer)
Checking the client's credit score

Correct answer: Verifying the identity of the client and the beneficial owner and understanding the purpose of the matter

CDD under the MLR 2017 requires firms to identify and verify the client and any beneficial owner and to understand the nature and purpose of the business relationship.

Question 58: What is a solicitor's duty of 'candour' to the court?

A duty to disclose all evidence including evidence harmful to the client
A duty to advise the court on the law
A duty not to deceive or mislead the court, even if this conflicts with the client's interests (Correct answer)
A duty to provide all documents held to the court

Correct answer: A duty not to deceive or mislead the court, even if this conflicts with the client's interests

Candour requires that solicitors do not make false or misleading statements to the court, and must correct any accidental misleading statement — this duty overrides client interests.

Question 59: What is 'legal professional privilege' (LPP) and who can waive it?

Protection for confidential lawyer-client communications; only the client can waive it (Correct answer)
A right allowing clients to inspect their solicitor's file
Protection for all internal firm communications
A rule preventing solicitors from giving evidence in court

Correct answer: Protection for confidential lawyer-client communications; only the client can waive it

LPP protects qualifying confidential communications from disclosure; it belongs to the client, not the solicitor, so only the client can choose to waive it.

Question 60: In contract law, what is the 'mirror image rule'?

Both parties must receive identical benefits
The acceptance must match the offer exactly (Correct answer)
The contract must be in written form
The contract terms must be fair and equal

Correct answer: The acceptance must match the offer exactly

The 'mirror image rule' in contract law dictates that an acceptance must precisely match the terms of the offer without any modifications or additions. If the acceptance introduces new terms or conditions, it is considered a counter-offer, which effectively rejects the original offer. This rule ensures that a clear and unambiguous agreement is formed between the parties, establishing mutual assent to the exact same terms.

Question 61: What type of covenant 'runs with the land' and binds successors in title in equity?

Restrictive covenant (Correct answer)
Positive covenant
Express covenant
Implied covenant

Correct answer: Restrictive covenant

Restrictive covenants can run with the land in equity under the rule in Tulk v Moxhay, binding subsequent owners.

Question 62: In leasehold transactions, what document sets out the service charge obligations between landlord and tenant?

The management pack
The LPE1 form
The TR1
The lease (Correct answer)

Correct answer: The lease

The lease itself is the primary document defining all obligations including service charge covenants and how they are calculated.

Question 63: What is 'mediation' in the context of dispute resolution?

An informal negotiation without any third-party involvement
A binding arbitration process
A process where a neutral third party helps parties reach a voluntary agreement (Correct answer)
A formal court proceeding

Correct answer: A process where a neutral third party helps parties reach a voluntary agreement

Mediation is a process within Alternative Dispute Resolution where a neutral and impartial third party, the mediator, assists disputing parties in reaching a voluntary agreement. The mediator facilitates communication, helps identify issues, and explores potential solutions, but does not impose a decision. The goal is for the parties themselves to collaboratively find a mutually acceptable resolution.

Question 64: What is the primary purpose of client interviewing in legal practice?

To build a case for the defense
To gather evidence for the prosecution
To understand the client's needs and objectives (Correct answer)
To impress the client with legal knowledge

Correct answer: To understand the client's needs and objectives

The primary purpose of client interviewing in legal practice is to thoroughly understand the client's needs, objectives, and the specific details of their situation. This initial understanding is fundamental for a solicitor to provide accurate legal advice, identify relevant legal issues, and develop an effective strategy tailored to the client's specific goals. Without this comprehensive understanding, any legal action might not align with the client's best interests.

Question 65: In what situation does the 'litigation privilege' apply?

To all communications between a solicitor and client
To all documents created after proceedings are issued
To confidential communications made for the dominant purpose of litigation that is reasonably contemplated or in progress (Correct answer)
To communications with expert witnesses only

Correct answer: To confidential communications made for the dominant purpose of litigation that is reasonably contemplated or in progress

Litigation privilege protects confidential communications between lawyers, clients, and third parties where the dominant purpose is to prepare for litigation that is reasonably anticipated.

Question 66: What is 'wrongful trading' under the Insolvency Act 1986?

Preferring one creditor over another
Trading whilst insolvent as a matter of balance sheet
Fraudulently removing assets before liquidation
Continuing to trade when a director knew or ought to have known there was no reasonable prospect of avoiding insolvent liquidation (Correct answer)

Correct answer: Continuing to trade when a director knew or ought to have known there was no reasonable prospect of avoiding insolvent liquidation

Section 214 IA 1986 makes directors personally liable if they continued trading after knowing (or ought to have known) insolvent liquidation was inevitable.

Question 67: What is the defence of 'diminished responsibility' under the Homicide Act 1957 as amended?

A partial defence to murder requiring an abnormality of mental functioning from a recognised medical condition that substantially impaired the defendant's responsibility (Correct answer)
A complete defence to murder
A defence to any criminal offence
A defence based on voluntary intoxication

Correct answer: A partial defence to murder requiring an abnormality of mental functioning from a recognised medical condition that substantially impaired the defendant's responsibility

Section 2 Homicide Act 1957 (as amended by the CJA 2009) provides a partial defence to murder where an abnormality of mental functioning arising from a recognised medical condition substantially impaired the defendant's ability to understand, form a rational judgment, or exercise self-control.

Question 68: The defence of volenti non fit injuria (consent) in tort requires which of the following?

The claimant merely knew of the risk without taking any formal precautions
The defendant must have obtained the claimant's written consent before the tortious act
The claimant must have voluntarily agreed to accept both the physical and legal risk of the defendant's negligence (Correct answer)
The claimant's contributory negligence must have exceeded 50%

Correct answer: The claimant must have voluntarily agreed to accept both the physical and legal risk of the defendant's negligence

Volenti requires that the claimant freely and voluntarily agreed to accept the legal risk (not just the physical risk) of injury, as confirmed in ICI v Shatwell [1965].

Question 69: What happens to a gift to a witness of a will under the Wills Act 1837?

The gift fails but the will remains valid (Correct answer)
The gift is reduced by half
The witness loses their right to act as executor
The will is void in its entirety

Correct answer: The gift fails but the will remains valid

Under s.15 Wills Act 1837, a gift to a witness (or their spouse/civil partner) is void, but the remainder of the will stands.

Question 70: What is a 'Suspicious Activity Report' (SAR) and when must one be filed?

A report to the National Crime Agency when a solicitor knows or suspects a client is engaged in money laundering or terrorist financing (Correct answer)
A report to the police about potential criminal activity
A report filed by the court when fraud is alleged
A report to the SRA about a client's suspicious behaviour

Correct answer: A report to the National Crime Agency when a solicitor knows or suspects a client is engaged in money laundering or terrorist financing

Under the Proceeds of Crime Act 2002 and Terrorism Act 2000, solicitors must file a SAR with the NCA's UK Financial Intelligence Unit when they know or suspect their client is involved in money laundering.

Question 71: Under the SRA Code of Conduct for Solicitors, what must a solicitor do if they identify that a client's instructions would require them to act dishonestly?

Report the client to the police
Refuse those instructions and, if necessary, cease to act (Correct answer)
Seek a second opinion before acting
Follow the client's instructions as the client is paramount

Correct answer: Refuse those instructions and, if necessary, cease to act

A solicitor cannot act dishonestly in any circumstances; if client instructions require dishonesty, those instructions must be refused and the solicitor must cease acting if the client insists.

Question 72: In the tort of trespass to the person, which case confirmed that battery requires a direct and intentional act, not necessarily hostility?

Collins v Wilcock [1984], which confirmed that any physical contact is actionable battery
Wilkinson v Downton [1897], which imposed liability for indirect intentional acts causing psychiatric harm
Letang v Cooper [1965], which restricted trespass to intentional acts only
Wilson v Pringle [1987], though subsequently the requirement for hostility was doubted in Re F (Mental Patient: Sterilisation) [1990] (Correct answer)

Correct answer: Wilson v Pringle [1987], though subsequently the requirement for hostility was doubted in Re F (Mental Patient: Sterilisation) [1990]

Wilson v Pringle suggested hostility was required for battery, but Re F (Mental Patient: Sterilisation) cast doubt on this, clarifying that an intentional direct act making contact with another suffices without any need for hostility.

Question 73: Which case established that an employer owes a non-delegable duty of care to employees that cannot be discharged by entrusting safety to an independent contractor?

Alcock v Chief Constable of South Yorkshire [1992]
Lister v Hesley Hall Ltd [2001]
Paris v Stepney Borough Council [1951]
Wilsons & Clyde Coal Co v English [1938] (Correct answer)

Correct answer: Wilsons & Clyde Coal Co v English [1938]

Wilsons & Clyde Coal Co v English established that an employer's duty to provide safe premises, equipment, a safe system of work, and competent fellow employees is non-delegable.

Question 74: What is a 'settlement agreement'?

A voluntary agreement between parties to resolve a dispute and avoid further legal action (Correct answer)
A court order resolving the dispute
A decision imposed by a judge
A preliminary negotiation document

Correct answer: A voluntary agreement between parties to resolve a dispute and avoid further legal action

A settlement agreement is a legally binding contract voluntarily entered into by parties involved in a dispute to resolve their differences outside of court. This agreement typically outlines the terms of resolution, such as monetary payments, specific actions, or cessation of certain activities, in exchange for dropping legal claims. Its purpose is to provide a definitive end to the dispute, avoiding further litigation and its associated costs and uncertainties.

Question 75: Under the SRA Standards and Regulations, what is the overriding duty of a solicitor?

To the court and the rule of law, above the interests of the client (Correct answer)
To the opposing party
To the client in all circumstances
To the SRA

Correct answer: To the court and the rule of law, above the interests of the client

Principle 1 of the SRA Principles requires solicitors to uphold the rule of law and the proper administration of justice, which overrides all other duties including to the client.

Question 76: What are the two limbs of the Full Code Test applied by the CPS when deciding to charge?

Reasonable suspicion and proportionality
Evidential sufficiency and public interest (Correct answer)
Probable cause and public interest
Strength of evidence and seriousness of offence

Correct answer: Evidential sufficiency and public interest

The Full Code Test requires first that the evidence is sufficient to provide a realistic prospect of conviction, and second that prosecution is in the public interest.

Question 77: Under what circumstances can a will be challenged on the ground of 'undue influence'?

Where the testator lacked mental capacity
Where the testator's free will was overborne by pressure from another person (Correct answer)
Where a beneficiary forged the testator's signature
Where the will was not witnessed correctly

Correct answer: Where the testator's free will was overborne by pressure from another person

Undue influence vitiates a will where the testator's independent judgment was overridden by coercion or pressure, such that the will does not represent their true wishes.

Question 78: What charge is payable to HMLR for registering a transfer and is based on the property value?

Stamp Duty Land Tax
Search fee
Land registration fee (Correct answer)
Indemnity insurance premium

Correct answer: Land registration fee

HMLR charges a registration fee on a sliding scale based on the purchase price or property value when a transfer is submitted for registration.

Question 79: What is a 'residuary estate' in the context of probate?

The deceased's real property
All assets jointly owned with the surviving spouse
What remains of the estate after payment of debts, expenses, and specific legacies (Correct answer)
Assets held in trust

Correct answer: What remains of the estate after payment of debts, expenses, and specific legacies

The residuary estate is the balance left after settling debts, funeral costs, administration expenses, IHT, and all specific or pecuniary legacies.

Question 80: Under the Theft Act 1968, which element is NOT required to establish theft?

Appropriation
Violence or threat (Correct answer)
Dishonesty
Property belonging to another

Correct answer: Violence or threat

Theft under s.1 Theft Act 1968 requires appropriation of property belonging to another, dishonestly and with intent to permanently deprive — violence is not an element.

Question 81: What should a solicitor do to prepare for a negotiation meeting?

Prepare by understanding both parties' positions and interests (Correct answer)
Focus on intimidating the opposing party
Only review their own client's case
Plan to agree with everything the other party says

Correct answer: Prepare by understanding both parties' positions and interests

Effective negotiation requires a solicitor to thoroughly prepare by understanding not only their own client's position and interests but also those of the opposing party. This comprehensive preparation allows the solicitor to anticipate arguments, identify potential areas of compromise, and formulate strategies that address both sides' concerns. Such an approach leads to a more successful and potentially mutually beneficial outcome, rather than focusing solely on one's own client or attempting intimidation.

Question 82: What is a 'Newton hearing' in criminal proceedings?

A hearing where the judge resolves factual disputes relevant to sentencing after a guilty plea (Correct answer)
A hearing to determine fitness to plead
A preliminary hearing in the Crown Court
A bail review hearing

Correct answer: A hearing where the judge resolves factual disputes relevant to sentencing after a guilty plea

A Newton hearing takes place after a guilty plea where the prosecution and defence disagree on the factual basis, allowing the judge to determine the facts for sentencing purposes.

Question 83: Under the Occupiers' Liability Act 1957, what standard of care does an occupier owe to lawful visitors?

A duty to warn of all risks on the premises, however minor
A strict liability standard regardless of the precautions taken
The same duty as owed to trespassers under the 1984 Act
The common duty of care: to take such care as is reasonable in the circumstances to keep visitors safe (Correct answer)

Correct answer: The common duty of care: to take such care as is reasonable in the circumstances to keep visitors safe

The Occupiers' Liability Act 1957 s.2(2) imposes a 'common duty of care' requiring the occupier to take such care as is reasonable in the circumstances to keep the visitor reasonably safe.

Question 84: What is the purpose of a shareholders' agreement compared to a company's articles of association?

It is a private contract providing additional rights not in the articles (Correct answer)
It binds third parties automatically
It is filed at Companies House
It replaces the articles entirely

Correct answer: It is a private contract providing additional rights not in the articles

A shareholders' agreement is a private contract between shareholders offering flexibility and confidentiality beyond what the public articles provide.

Question 85: What is the mens rea required for murder under English law?

Intention to kill or cause grievous bodily harm (Correct answer)
Intention to kill only
Recklessness as to death
Gross negligence

Correct answer: Intention to kill or cause grievous bodily harm

Murder requires proof that the defendant intended either to kill or to cause grievous bodily harm, as confirmed in R v Moloney [1985].

Question 86: Under the Bail Act 1976, what is the general right for a defendant charged with a criminal offence?

A presumption in favour of bail unless statutory grounds for refusing bail exist (Correct answer)
No right to bail for indictable offences
Automatic bail for first-time offenders
Bail only at the discretion of the judge

Correct answer: A presumption in favour of bail unless statutory grounds for refusing bail exist

Section 4 Bail Act 1976 creates a general right to bail, rebuttable only if the prosecution can satisfy the court that statutory grounds (such as risk of absconding, offending, or obstructing justice) apply.

Question 87: In the tort of passing off, which classic trilogy of requirements was established in Reckitt & Colman Products Ltd v Borden Inc [1990]?

Trademark, similarity, and consumer confusion
Registration, likelihood of confusion, and damage
Goodwill, misrepresentation, and damage (Correct answer)
Deception, bad faith, and financial loss

Correct answer: Goodwill, misrepresentation, and damage

Lord Oliver in Reckitt & Colman v Borden confirmed the classic trinity for passing off: (1) the claimant has goodwill attached to their goods/services, (2) the defendant made a misrepresentation to the public, and (3) the claimant suffered or is likely to suffer damage.

Question 88: Which tax is payable on a transfer of shares in a UK company?

Capital Gains Tax on the buyer
SDLT
VAT
Stamp Duty at 0.5% (Correct answer)

Correct answer: Stamp Duty at 0.5%

Stamp Duty (not SDLT) is charged at 0.5% on the consideration for a transfer of shares, rounded up to the nearest £5.

Question 89: What is the definition of a 'small company' under the Companies Act 2006 (as at SQE syllabus date)?

Turnover ≤ £6.5m, balance sheet ≤ £3.26m, employees ≤ 50
Turnover ≤ £10.2m, balance sheet ≤ £5.1m, employees ≤ 50 (Correct answer)
Turnover ≤ £1m, balance sheet ≤ £500k, employees ≤ 10
Turnover ≤ £25m, balance sheet ≤ £12.5m, employees ≤ 250

Correct answer: Turnover ≤ £10.2m, balance sheet ≤ £5.1m, employees ≤ 50

A company qualifies as small if it meets at least two of the three criteria: turnover ≤ £10.2m, balance sheet total ≤ £5.1m, and no more than 50 employees.

Question 90: What is 'tipping off' in the context of money laundering regulations?

Providing information to the police about a client
Reporting a suspicious transaction to the National Crime Agency
Alerting a suspect that they are under investigation for money laundering, which is a criminal offence (Correct answer)
Disclosing a client's file to a third party

Correct answer: Alerting a suspect that they are under investigation for money laundering, which is a criminal offence

Under the Proceeds of Crime Act 2002, tipping off (alerting a person under investigation that a Suspicious Activity Report has been made) is itself a criminal offence.

Question 91: Which test does an English court apply to determine whether a defendant's breach of duty in negligence has caused psychiatric injury to a 'secondary victim'?

The claimant must show they were within the zone of physical danger created by the defendant
The claimant need only establish that psychiatric injury was a foreseeable consequence of the defendant's act
The claimant must demonstrate they witnessed the event on live broadcast television
The claimant must satisfy the Alcock control mechanisms: proximity in time/space, perception through unaided senses, and close tie of love and affection (Correct answer)

Correct answer: The claimant must satisfy the Alcock control mechanisms: proximity in time/space, perception through unaided senses, and close tie of love and affection

Alcock v Chief Constable of South Yorkshire [1992] established that secondary victims must prove: a close tie of love and affection, proximity to the accident or its immediate aftermath, and perception through their own unaided senses.

Question 92: What is the primary purpose of Alternative Dispute Resolution (ADR)?

To lengthen the dispute resolution process
To avoid legal proceedings and resolve disputes outside the court system (Correct answer)
To ensure all disputes are settled in court
To provide free legal advice to both parties

Correct answer: To avoid legal proceedings and resolve disputes outside the court system

The primary purpose of Alternative Dispute Resolution (ADR) is to provide methods for resolving disputes outside of traditional court litigation. ADR processes like mediation and arbitration aim to be more efficient, less adversarial, and often less costly than going to court. By avoiding legal proceedings, parties can often maintain more control over the outcome and preserve relationships.

Question 93: Under the Partnership Act 1890, what is the default rule regarding sharing of profits and losses among partners?

As agreed in the partnership deed only
In proportion to capital contributed
In proportion to time spent
Equally regardless of capital contribution (Correct answer)

Correct answer: Equally regardless of capital contribution

Section 24 PA 1890 provides that in the absence of agreement, partners share profits and losses equally, irrespective of their capital contributions.

Question 94: Under the Land Registration Act 2002, what is the time limit to register a first registration of title following a qualifying disposition?

2 months (Correct answer)
12 months
3 months
6 months

Correct answer: 2 months

Under the LRA 2002, a first registration must be completed within 2 months of the qualifying disposition, or the legal estate will revert.

Question 95: Why is time management crucial for solicitors?

To meet deadlines and manage multiple cases efficiently (Correct answer)
To avoid working overtime
To reduce stress
To impress clients with quick responses

Correct answer: To meet deadlines and manage multiple cases efficiently

Time management is crucial for solicitors due to the demanding nature of legal practice, which often involves strict court deadlines, client expectations, and managing multiple complex cases simultaneously. Efficient time management ensures that all tasks are completed promptly, cases progress smoothly, and client matters are handled effectively. This helps maintain professional standards, avoids potential penalties, and ultimately contributes to client satisfaction and firm reputation.

Question 96: On an intestacy, who inherits under the Administration of Estates Act 1925 when a person dies leaving a spouse and adult children?

Children inherit equally and the spouse receives nothing
Spouse and children share equally
Spouse gets personal chattels, a statutory legacy of £322,000, and half the remainder; children share the other half (Correct answer)
Spouse inherits everything

Correct answer: Spouse gets personal chattels, a statutory legacy of £322,000, and half the remainder; children share the other half

Under the current intestacy rules, a surviving spouse takes the personal chattels, a statutory legacy (£322,000 as of 2023), and half the residuary estate, with the children sharing the other half.

Question 97: In a share purchase, which party typically bears the risk of pre-completion liabilities of the target company?

The buyer, because they acquire the shares and everything attached to them (Correct answer)
The target company only
The directors of the target
The seller, because they owned the shares at completion

Correct answer: The buyer, because they acquire the shares and everything attached to them

In a share purchase, the buyer takes the company with all its history — including unknown historic liabilities — so warranties and indemnities are critical protections.

Question 98: Which form is filed at Companies House to notify a change of registered office address?

AD01 (Correct answer)
CH01
TM01
AP01

Correct answer: AD01

Form AD01 is used to notify Companies House of a change to a company's registered office address.

Question 99: What is the defence of 'loss of control' under the Coroners and Justice Act 2009?

A defence requiring provocation by the victim only
A partial defence to murder where the defendant lost self-control due to a qualifying trigger (Correct answer)
A complete defence to all violent offences
A defence available only to those with mental illness

Correct answer: A partial defence to murder where the defendant lost self-control due to a qualifying trigger

Loss of control under ss.54–56 CJA 2009 is a partial defence reducing murder to manslaughter, available when the defendant lost self-control triggered by fear of serious violence or circumstances of an extremely grave character.

Question 100: Under what circumstances may a solicitor act for both buyer and seller in a conveyancing transaction?

Only in commercial transactions
Never — it is always prohibited
Whenever both clients provide written consent
Only in limited circumstances, such as where the parties are established clients and the transaction is not at arm's length (Correct answer)

Correct answer: Only in limited circumstances, such as where the parties are established clients and the transaction is not at arm's length

The SRA Code permits acting for both parties in limited situations (e.g., related parties, same lender, standard form contract) but not where there is a conflict or risk of one.

Question 101: Under the Wills Act 1837, how many witnesses must sign a will for it to be validly executed?

1
2 (Correct answer)
4
3

Correct answer: 2

Section 9 of the Wills Act 1837 requires that a will be signed by the testator in the presence of at least two witnesses who then sign in the testator's presence.

Question 102: Under the Insolvency Act 1986, what is the order of priority for distributing assets in a company liquidation?

Preferential creditors → fixed charge holders → unsecured creditors → shareholders → floating charge holders
Fixed charge holders → expenses → preferential creditors → floating charge holders → unsecured creditors → shareholders (Correct answer)
Unsecured creditors → preferential creditors → floating charge holders → fixed charge holders → shareholders
Shareholders → directors → creditors → HMRC

Correct answer: Fixed charge holders → expenses → preferential creditors → floating charge holders → unsecured creditors → shareholders

In a winding up, fixed charge holders are paid first from their security, then liquidation expenses, then preferential creditors, then the prescribed part/floating charge holders, then unsecured creditors, and finally shareholders.

Question 103: What is the standard of proof required in a civil case?

Clear and convincing evidence
Beyond a reasonable doubt
Preponderance of the evidence (Correct answer)
Absolute certainty

Correct answer: Preponderance of the evidence

In civil cases, the standard of proof required is the 'preponderance of the evidence.' This means the party bringing the claim must demonstrate that their version of events is more likely true than not true, essentially a greater than 50% chance. This standard is less stringent than 'beyond a reasonable doubt' used in criminal cases, reflecting the different goals of civil law, which often involve resolving disputes and compensating for harm.

Question 104: What is the Inheritance Tax nil-rate band for the 2024–25 tax year?

£500,000
£650,000
£325,000 (Correct answer)
£175,000

Correct answer: £325,000

The basic IHT nil-rate band has been frozen at £325,000 since 2009, meaning estates above this threshold are taxed at 40% on the excess.

Question 105: Under the Employers' Liability (Compulsory Insurance) Act 1969, what obligation does an employer have?

To maintain product liability insurance for all goods manufactured by the employer
To insure all company vehicles used by employees for business purposes
To provide public liability insurance covering injuries to members of the public on business premises
To maintain approved insurance covering liability for bodily injury or disease sustained by employees arising out of and in the course of employment (Correct answer)

Correct answer: To maintain approved insurance covering liability for bodily injury or disease sustained by employees arising out of and in the course of employment

The Employers' Liability (Compulsory Insurance) Act 1969 requires employers to take out and maintain approved insurance against liability for bodily injury or disease sustained by employees in the course of their employment.

Question 106: What is the primary function of judicial review?

To interpret and apply the law
To create new laws
To assess the constitutionality of legislative acts (Correct answer)
To oversee the functioning of the executive branch

Correct answer: To assess the constitutionality of legislative acts

The primary function of judicial review is to assess the constitutionality of legislative acts, executive actions, and administrative decisions. This power allows courts to determine whether these governmental actions comply with the provisions of the constitution. Judicial review serves as a crucial check on the other branches of government, ensuring that laws and policies uphold constitutional principles and protect individual rights.

Question 107: What is the duty of 'confidentiality' owed by a solicitor to their client?

A duty to share client information with the court on request
A duty to keep all information relating to the client's matter confidential, even after the retainer ends (Correct answer)
A duty applicable only to privileged information
A duty that ends when the client matter is closed

Correct answer: A duty to keep all information relating to the client's matter confidential, even after the retainer ends

The duty of confidentiality is permanent and survives the end of the retainer — solicitors must not disclose client information without authority, even years later.

Question 108: Which principle governs an employer's vicarious liability for the torts of an employee and was clarified in Lister v Hesley Hall Ltd [2001]?

The but-for test: whether the tort would not have occurred but for the employer's negligence in hiring the employee
The delegation test: whether the employer had delegated performance of a duty to the employee at the time of the tort
The frolic test: whether the employee was on a frolic of their own entirely unconnected with their duties
The close connection test: whether the tort was so closely connected with the employee's employment that it would be fair and just to hold the employer liable (Correct answer)

Correct answer: The close connection test: whether the tort was so closely connected with the employee's employment that it would be fair and just to hold the employer liable

Lister v Hesley Hall Ltd [2001] established the 'close connection' test for vicarious liability, asking whether the employee's wrongful act was so closely connected with their employment that it would be fair and just to hold the employer vicariously liable.

Question 109: Which of the following correctly states when the limitation period for a personal injury claim in negligence generally begins under the Limitation Act 1980?

One year from the date the claimant first instructed a solicitor
Six years from the date the damage occurred regardless of the claimant's knowledge
Three years from the date of the defendant's negligent act, with no extension for latent damage
Three years from the date of accrual of the cause of action or the date of the claimant's knowledge, whichever is the later (Correct answer)

Correct answer: Three years from the date of accrual of the cause of action or the date of the claimant's knowledge, whichever is the later

Section 11 of the Limitation Act 1980 provides that personal injury claims must be brought within three years from either the date of accrual or the claimant's date of knowledge (s.14), whichever is later.

Question 110: What type of resolution is required to change a company's articles of association?

Special resolution (75%) (Correct answer)
Ordinary resolution (50%)
Written resolution only
Unanimous consent

Correct answer: Special resolution (75%)

Under s.21 CA 2006, a company's articles can only be amended by a special resolution passed by at least 75% of those voting.

Question 111: What is the rule in Saunders v Vautier?

A testamentary trust cannot be varied once created
Adult beneficiaries who are absolutely entitled can collectively end a trust and call for the assets (Correct answer)
A minor beneficiary can dissolve a trust with court approval
A trustee can distribute assets before the trust vesting date

Correct answer: Adult beneficiaries who are absolutely entitled can collectively end a trust and call for the assets

The rule allows all adult, mentally competent beneficiaries who together hold the entire beneficial interest to collectively bring a trust to an end and demand the assets.

Question 112: A claimant partially contributed to their own injury. Under the Law Reform (Contributory Negligence) Act 1945, what is the effect on the claimant's damages?

Damages are split equally between the parties regardless of respective degrees of fault
The claimant's claim is completely extinguished if they were at all at fault
Damages are reduced by the proportion the claimant's fault contributed to the damage (Correct answer)
The defendant escapes all liability if the claimant was more than 50% responsible

Correct answer: Damages are reduced by the proportion the claimant's fault contributed to the damage

The 1945 Act provides that damages shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in responsibility for the damage.

Question 113: What is the significance of a 'caution' given by police to a suspect before questioning under PACE Code C?

It gives the suspect a formal warning instead of prosecution
It formally charges the suspect
It informs the suspect of the right to silence and that silence may be used in court (Correct answer)
It ends the detention period

Correct answer: It informs the suspect of the right to silence and that silence may be used in court

The PACE caution warns the suspect: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court...'

Question 114: Which notice at HMLR protects an estate contract such as an option to purchase registered land?

Restriction
Unilateral notice (Correct answer)
Agreed notice
Caution against first registration

Correct answer: Unilateral notice

A unilateral notice can be entered without the registered proprietor's consent to protect an estate contract or option on registered land.

Question 115: What is 'actus reus' in criminal law?

The guilty act or physical element of a criminal offence (Correct answer)
The guilty mind or mental element of a criminal offence
The criminal record of the defendant
The statutory definition of a crime

Correct answer: The guilty act or physical element of a criminal offence

Actus reus refers to the external, physical conduct element of a crime — the forbidden act, omission, or state of affairs that must be proved alongside the mental element.

Question 116: Which document governs the internal management of a company under the Companies Act 2006?

Certificate of Incorporation
Shareholders' Agreement
Memorandum of Association
Articles of Association (Correct answer)

Correct answer: Articles of Association

The Articles of Association constitute the company's constitution and govern its internal management and the rights of its members.

Question 117: What is the term for a buyer's solicitor's obligation to report all matters affecting title to their client?

Fiduciary duty
Duty to report on title (Correct answer)
Duty of disclosure
Duty of care

Correct answer: Duty to report on title

The duty to report on title requires a solicitor to advise the client of all significant matters revealed by the title investigation.

Question 118: What is the standard period for a pre-contract search with the local authority?

OS1 and OS2
LLC1 and Con29 (Correct answer)
LLC1 only
Con29 only

Correct answer: LLC1 and Con29

A local authority search consists of the LLC1 (local land charges register) and Con29 (enquiries of local authority).

Question 119: What is the 'residence nil-rate band' (RNRB) in inheritance tax?

A reduction in IHT for non-UK residents
The nil-rate band available to a surviving spouse
A business property relief scheme
An additional IHT threshold of up to £175,000 when a family home passes to direct descendants (Correct answer)

Correct answer: An additional IHT threshold of up to £175,000 when a family home passes to direct descendants

The RNRB (up to £175,000) is an additional IHT allowance available when a qualifying residential property is left to direct descendants such as children or grandchildren.

Question 120: Under the rule in Donoghue v Stevenson [1932], what principle was established by the House of Lords?

Negligence requires proof of an intentional disregard for the claimant's safety
Manufacturers are strictly liable to all persons injured by defective products regardless of fault
A duty of care is owed by all persons to all others who may foreseeably be affected by their acts
A manufacturer owes a duty of care to the ultimate consumer where the product reaches them without a reasonable possibility of intermediate examination (Correct answer)

Correct answer: A manufacturer owes a duty of care to the ultimate consumer where the product reaches them without a reasonable possibility of intermediate examination

Donoghue v Stevenson established that a manufacturer owes a duty to the ultimate consumer where there is no reasonable possibility of intermediate examination, founding modern negligence law.

Question 121: When assessing damages for personal injury in tort, the court awards 'general damages' and 'special damages'. Which of the following is correctly classified as special damages?

Future loss of earnings assessed at the date of trial
Pre-trial quantifiable financial losses such as lost earnings and medical expenses incurred before trial (Correct answer)
Non-pecuniary losses including pain, suffering and loss of amenity
Damages for psychiatric injury arising from the physical injury

Correct answer: Pre-trial quantifiable financial losses such as lost earnings and medical expenses incurred before trial

Special damages cover past, quantifiable pecuniary losses that can be precisely calculated up to the date of trial, such as loss of earnings, travel costs and medical expenses actually incurred.

Question 122: Which of the following is an equitable remedy?

Specific performance (Correct answer)
Compensatory damages
Monetary damages
Punitive damages

Correct answer: Specific performance

Specific performance is an equitable remedy, meaning it is granted when monetary damages alone would not adequately compensate the injured party. It compels a party to fulfill their contractual obligations exactly as agreed, rather than simply paying damages for a breach. This remedy is often applied in contracts involving unique goods, land, or services where a substitute cannot easily be obtained.

Question 123: What is the effect of a company's 'veil of incorporation'?

Directors are personally liable for all contracts
Shareholders share unlimited liability for company debts
The company is a separate legal entity distinct from its shareholders (Correct answer)
The company cannot sue or be sued in its own name

Correct answer: The company is a separate legal entity distinct from its shareholders

Following Salomon v Salomon [1897], incorporation creates a distinct legal personality, separating the company's rights and liabilities from those of its members.

Question 124: What is the effect of a defendant raising the defence of self-defence in a criminal trial?

The defendant must prove self-defence on the balance of probabilities
The prosecution must disprove self-defence beyond reasonable doubt (Correct answer)
The burden shifts to the defendant to prove reasonable force
The judge decides the issue without the jury

Correct answer: The prosecution must disprove self-defence beyond reasonable doubt

Once self-defence is raised, the burden remains on the prosecution to disprove it beyond reasonable doubt — the defendant does not have to prove the defence.

Question 125: Under the SRA Accounts Rules, what is the key principle governing the handling of client money?

Client money may be held in the firm's office account for up to 30 days
Client money can be used to cover firm expenses temporarily
Client money rules apply only to conveyancing transactions
Client money must be kept separate from the firm's own money in a designated client account (Correct answer)

Correct answer: Client money must be kept separate from the firm's own money in a designated client account

The SRA Accounts Rules require that client money is promptly placed in a separate client account and never mixed with office money, to protect clients.

Question 126: In defamation law, which of the following is a defence of 'truth' (formerly justification) under the Defamation Act 2013?

The defendant must prove on the balance of probabilities that the imputation conveyed by the statement is substantially true (Correct answer)
The defendant must prove that the statement was published without any malicious intent
The defendant must show the statement was a fair comment on a matter of public interest
The defendant must establish that the claimant suffered no actual financial loss

Correct answer: The defendant must prove on the balance of probabilities that the imputation conveyed by the statement is substantially true

Section 2 of the Defamation Act 2013 provides that the defence of truth requires the defendant to show that the imputation conveyed by the statement complained of is substantially true.

Question 127: Which body is responsible for prosecution policy and decisions to prosecute in England and Wales?

The Home Office
The Serious Fraud Office
Crown Prosecution Service (CPS) (Correct answer)
The Police

Correct answer: Crown Prosecution Service (CPS)

The CPS, headed by the Director of Public Prosecutions, applies the Full Code Test to decide whether to charge and prosecute criminal cases in England and Wales.

Question 128: What is the key distinction between a fixed charge and a floating charge?

A floating charge has priority over a fixed charge
A fixed charge attaches to specific assets immediately; a floating charge hovers over a class of changing assets (Correct answer)
A floating charge cannot be registered at Companies House
A fixed charge applies only to land

Correct answer: A fixed charge attaches to specific assets immediately; a floating charge hovers over a class of changing assets

A fixed charge attaches to identified assets at creation, while a floating charge covers a fluctuating pool of assets until crystallisation.

Question 129: What is the maximum sentence the Magistrates' Court can impose for a single either-way offence?

2 years' imprisonment
12 months' imprisonment (Correct answer)
Unlimited
6 months' imprisonment

Correct answer: 12 months' imprisonment

Following the Judicial Review and Courts Act 2022, the Magistrates' Court can now impose up to 12 months' imprisonment for a single either-way offence.

Question 130: Which priority search protects a buyer between exchange of contracts and completion?

K15
K16
OS1 (Correct answer)
OS2

Correct answer: OS1

An OS1 official search of the whole title gives the buyer a 30-business-day priority period for registered land.

Question 131: A defendant owes a claimant a duty of care. The claimant suffers a broken leg after the defendant's negligent driving. Which 'but for' test formulation from Barnett v Chelsea & Kensington Hospital [1969] best describes causation?

The defendant's breach was a substantial cause of the damage
The damage was within the reasonable contemplation of the defendant
The defendant's act was the last act in the chain of causation
The damage would not have occurred but for the defendant's breach of duty (Correct answer)

Correct answer: The damage would not have occurred but for the defendant's breach of duty

The 'but for' test asks whether the damage would not have occurred but for the defendant's breach; if the claimant would have suffered the same harm anyway, causation is not established.

SQE1 – Solicitors Qualifying Examination Stage 1

The SQE1 assesses Functioning Legal Knowledge across 12 legal practice areas through two multiple-choice papers (FLK1 and FLK2), each with 180 single best answer questions from five answer options. It is a mandatory assessment for qualifying as a solicitor in England and Wales.

180

Questions

306 min

Time Limit

57%

To Pass

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