SQE2 Solicitors Qualifying Exam — Questions and Answers

Question 1: In legal writing for a tribunal, 'plain English' guidance recommends:

Using Latin phrases throughout to demonstrate expertise
Using clear, direct language without unnecessary jargon or complexity (Correct answer)
Avoiding all use of headings and structure
Writing in the third person exclusively

Correct answer: Using clear, direct language without unnecessary jargon or complexity

Tribunals and modern legal practice favour plain English: clear structure, active voice, short sentences and avoidance of unnecessary legalese to maximise comprehension.

Question 2: When drafting a non-disclosure agreement (NDA), which elements are essential for enforceability?

A clear definition of confidential information, the purpose for which it may be used, the duration of obligations, permitted disclosures, and remedies for breach (Correct answer)
Only a statement that information is confidential
A requirement that both parties are UK companies
Only the names of the parties

Correct answer: A clear definition of confidential information, the purpose for which it may be used, the duration of obligations, permitted disclosures, and remedies for breach

An enforceable NDA requires: a precise definition of what constitutes confidential information, the permitted purpose for use, the duration of confidentiality obligations, exceptions (publicly available information, independently developed, legally required disclosures), and remedies including injunctive relief.

Question 3: Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be brought within:

12 months of the date of death
28 days of the grant
6 months of the grant of probate or letters of administration (Correct answer)
3 years of the date of death

Correct answer: 6 months of the grant of probate or letters of administration

Claims under the I(PFD)A 1975 must be issued within 6 months of the date of the grant of probate (or letters of administration), though the court has discretion to extend.

Question 4: When a client discloses information suggesting they intend to commit a future crime, the solicitor should:

Report immediately to the police without further action
Advise against the course of conduct and consider ceasing to act (Correct answer)
Disclose to the other party in the proceedings
Keep the information confidential and continue acting

Correct answer: Advise against the course of conduct and consider ceasing to act

A solicitor must not assist a client in unlawful activity; the solicitor should advise strongly against it and, if the client persists, withdraw from the retainer.

Question 5: According to the Sentencing Council's guideline on Reduction in Sentence for a Guilty Plea, what is the maximum reduction available where a guilty plea is entered at the first stage of proceedings?

One third (approximately 33%) (Correct answer)
One quarter (25%)
One tenth (10%)
One half (50%)

Correct answer: One third (approximately 33%)

The Sentencing Council's Reduction in Sentence for a Guilty Plea guideline provides that a guilty plea indicated at the first stage of proceedings attracts the maximum reduction of one third.

Question 6: Which search is essential in all residential conveyancing transactions and checks planning history and road adoption?

Environmental search
Chancel repair search
Land charges search
Local authority search (LLC1 and Con29) (Correct answer)

Correct answer: Local authority search (LLC1 and Con29)

The local authority search (LLC1 for local land charges and Con29 for additional enquiries) reveals planning permissions, enforcement notices, road adoption status and other matters affecting the property.

Question 7: What is a statement of case under the Civil Procedure Rules?

An informal summary of the dispute
A formal document that includes the claim form, particulars of claim, defence, and any counterclaim, setting out each party's case (Correct answer)
A summary judgment application
A closing speech at trial

Correct answer: A formal document that includes the claim form, particulars of claim, defence, and any counterclaim, setting out each party's case

Statements of case (formerly 'pleadings') are the formal documents that define the issues in dispute. They include the claim form, particulars of claim, defence, any counterclaim, reply to defence, and any additional claims under CPR Part 20.

Question 8: Which of the following statements about client confidentiality is correct?

The duty of confidentiality survives the end of the retainer and continues after the client's death (Correct answer)
Confidentiality can be waived by the solicitor alone
Confidentiality ends when the retainer ends
Confidentiality does not apply to information received from third parties

Correct answer: The duty of confidentiality survives the end of the retainer and continues after the client's death

The SRA Code imposes a continuing duty of confidentiality that persists after the retainer concludes and even after the client dies, subject to very limited exceptions.

Question 9: What is the purpose of a Part 36 offer in civil litigation, and how should it be drafted?

It is a formal written offer to settle under CPR Part 36 that carries specific costs consequences if not beaten at trial, and must comply with the formal requirements of Part 36 (Correct answer)
It is a casual settlement discussion with no formal consequences
It is an offer that can only be made by claimants
It is a request for summary judgment

Correct answer: It is a formal written offer to settle under CPR Part 36 that carries specific costs consequences if not beaten at trial, and must comply with the formal requirements of Part 36

A Part 36 offer is a formal settlement offer with significant costs consequences. It must be in writing, state it is made under Part 36, specify a period of at least 21 days for acceptance, and state whether it relates to the whole or part of the claim. If not beaten at trial, adverse costs orders follow.

Question 10: In a magistrates' court, when making a plea in mitigation, which of the following should an advocate address?

Only the defendant's financial circumstances
The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines (Correct answer)
Only character references
Only the sentencing guidelines

Correct answer: The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines

An effective plea in mitigation covers the circumstances of the offence (how it compares to the sentencing guidelines), the defendant's personal circumstances (employment, family, health), and any relevant mitigating factors such as remorse, cooperation, and good character.

Question 11: In property drafting, what is the significance of the 'usual covenants' implied into a lease?

They replace the need for any express terms
They are optional extras that add no legal value
They only apply to agricultural leases
They are implied terms covering rent payment, repair obligations, quiet enjoyment, and insurance, which apply unless expressly excluded or varied (Correct answer)

Correct answer: They are implied terms covering rent payment, repair obligations, quiet enjoyment, and insurance, which apply unless expressly excluded or varied

The usual covenants include the tenant's covenant to pay rent, keep the premises in repair, allow the landlord to enter and inspect, and the landlord's covenant for quiet enjoyment. They are implied where the lease is granted on 'usual terms' but can be varied or excluded by express provision.

Question 12: What is the purpose of identifying potential counterclaims during case analysis?

To discourage the client from proceeding
To anticipate the other side's arguments, assess risk, and develop a comprehensive litigation strategy (Correct answer)
To create additional paperwork for the court
To increase the firm's billing

Correct answer: To anticipate the other side's arguments, assess risk, and develop a comprehensive litigation strategy

Identifying potential counterclaims is essential for providing comprehensive advice. It helps the solicitor anticipate the defendant's strategy, assess the client's overall litigation risk, prepare defences to counterclaims, and develop a strategy that addresses both the claim and potential counterclaim.

Question 13: In cross-examination, leading questions are:

Prohibited at all times
Permitted because they suggest the desired answer and test the witness's position (Correct answer)
Only permitted in family proceedings
Permitted only for your own witnesses

Correct answer: Permitted because they suggest the desired answer and test the witness's position

Leading questions (those which suggest the answer) are the principal tool of cross-examination, allowing the advocate to challenge and test the opposing witness's evidence.

Question 14: In contract drafting, what is the purpose of a force majeure clause?

To set out the payment terms
To allow either party to terminate at will
To allocate risk for events beyond the parties' control that prevent performance, such as natural disasters, pandemics, or war (Correct answer)
To define the governing law

Correct answer: To allocate risk for events beyond the parties' control that prevent performance, such as natural disasters, pandemics, or war

A force majeure clause addresses events beyond the parties' reasonable control that prevent or delay performance. It typically lists qualifying events, specifies the consequences (suspension or termination), and sets out notification requirements. English law does not imply force majeure — it must be expressly drafted.

Question 15: In a commercial contract dispute, an exclusion clause will only limit liability if it:

Is initialled by both parties
Satisfies the reasonableness test under the Unfair Contract Terms Act 1977 (if applicable) (Correct answer)
Was verbally agreed at the time of contracting
Is printed in capital letters

Correct answer: Satisfies the reasonableness test under the Unfair Contract Terms Act 1977 (if applicable)

UCTA 1977 requires exclusion or limitation clauses in business-to-business contracts to satisfy the reasonableness test; clauses limiting liability for negligence or breach are particularly scrutinised.

Question 16: In a sentencing hearing, which is the correct order of procedure in the Crown Court?

Both parties simultaneously submit written notes
Prosecution facts and antecedents, defence mitigation, then the judge sentences (Correct answer)
Judge sentences first, then parties make representations
Defence mitigation, then prosecution facts, then judge sentences

Correct answer: Prosecution facts and antecedents, defence mitigation, then the judge sentences

The prosecution opens the facts and reads antecedents; the defence then presents mitigation before the judge passes sentence — this order ensures the court has all information before deciding.

Question 17: What role does proportionality play in case analysis for civil litigation?

It only applies to small claims track cases
Proportionality only applies to costs assessment after trial
It is not relevant to case analysis
The solicitor must assess whether the costs, time, and effort of pursuing or defending the claim are proportionate to the value and importance of the issues at stake (Correct answer)

Correct answer: The solicitor must assess whether the costs, time, and effort of pursuing or defending the claim are proportionate to the value and importance of the issues at stake

Proportionality is a fundamental principle of the Civil Procedure Rules (the overriding objective). The solicitor must advise whether the likely costs and resources required are proportionate to the amount in dispute, the importance of the case, the complexity of the issues, and the parties' financial positions.

Question 18: What is the purpose of providing a client care letter following the initial interview?

To serve as a binding contract that cannot be varied
To confirm the instructions, explain the scope of work, costs, complaints procedure, and regulatory information (Correct answer)
To market the firm's other services to the client
To satisfy the court that the solicitor has been instructed

Correct answer: To confirm the instructions, explain the scope of work, costs, complaints procedure, and regulatory information

A client care letter confirms instructions received, sets out the scope of work, explains costs and billing arrangements, provides details of the complaints procedure, and includes required regulatory information. It is a key client care requirement under the SRA Code of Conduct.

SQE2 Solicitors Qualifying Exam

The Solicitors Qualifying Examination Part 2 (SQE2) assesses practical legal skills including client interviewing, advocacy and persuasion, case and matter analysis, legal research, legal writing, legal drafting, and application of property law, wills, and probate in practice.

Questions

1140 min

Time Limit

67%

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