Case Analysis Flashcards
6 cards from real SQE2 practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Case Analysis flashcards as text
A client presents a case with conflicting witness evidence. How should the solicitor approach this in their case analysis?
Answer: Assess the credibility and reliability of each witness, identify inconsistencies, and advise the client on the likely impact at trial
Where witness evidence conflicts, the solicitor must objectively assess each account's credibility (honesty) and reliability (accuracy), identify and explain inconsistencies, and advise the client realistically on how a court is likely to weigh the competing evidence.
What is the purpose of identifying potential counterclaims during case analysis?
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.
In a property dispute, the solicitor discovers that key title documents are missing. What should the case analysis address?
Answer: Alternative methods of proving title, secondary evidence rules, and the impact of missing documents on the client's position
The case analysis should consider alternative ways to establish title (such as Land Registry records, statutory declarations, or adverse possession), the rules on secondary evidence, and how the absence of original documents affects the strength of the client's case.
When analysing an employment tribunal claim, which pre-action step must the solicitor advise the client about?
Answer: The requirement to notify ACAS for early conciliation before a claim can be issued
Before an employment tribunal claim can be issued, the claimant must contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation. The ACAS certificate number is required on the claim form. Failure to comply means the tribunal will reject the claim.
A solicitor is conducting a case analysis for a multi-party dispute. What additional complexity should they consider?
Answer: The potential for contribution claims between defendants, different limitation periods for different parties, and procedural case management issues
Multi-party disputes raise additional complexities including potential contribution claims under the Civil Liability (Contribution) Act 1978, different limitation positions for different parties, joinder and case management issues, and the interrelationship of the parties' positions.
What role does proportionality play in case analysis for civil litigation?
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.