Case & Matter 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 & Matter Analysis flashcards as text
The overriding objective of the Civil Procedure Rules is to:
Answer: Enable the court to deal with cases justly and at proportionate cost
CPR r.1.1 sets out the overriding objective: dealing with cases justly and at proportionate cost, including ensuring parties are on an equal footing and the case is dealt with expeditiously.
In judicial review proceedings, the claim must generally be brought within:
Answer: Promptly and in any event within 3 months of the decision
CPR r.54.5 requires judicial review claims to be brought promptly and in any event within 3 months of the date of the decision challenged (shorter for planning and procurement cases).
In criminal proceedings, the prosecution's duty of disclosure under the CPIA 1996 requires:
Answer: Disclosure of all unused material that undermines the prosecution or assists the defence
Under the CPIA 1996, the prosecution must disclose any unused material that undermines its case or reasonably assists the defence case as revealed in the defence statement.
Which remedy is available in equity but not at common law for breach of contract?
Answer: Specific performance
Specific performance is an equitable remedy ordering the breaching party to perform their contractual obligations; it is only granted where damages are an inadequate remedy.
In analysing a matter for professional negligence against a solicitor, the claimant must show loss caused by the negligence. This is assessed using the:
Answer: 'No transaction' or 'successful transaction' counterfactual
In solicitor's negligence cases (following SAAMCO principles) the court asks what the claimant's position would have been had the negligence not occurred — the 'no transaction' or 'successful transaction' counterfactual depending on the facts.
Before issuing proceedings, a solicitor should check whether a pre-action protocol applies because failure to comply:
Answer: May result in adverse costs orders and sanctions by the court
Courts expect parties to follow the applicable pre-action protocol; non-compliance without good reason may result in a costs sanction, a stay of proceedings, or other orders.