Question 1

CONTRACT LAW

Accepted Answer

Existence and Formation of a Contract
Covers the core requirements for a valid contract, including offer and acceptance, consideration, intention to create legal relations, certainty of terms, and capacity to contract. Also explores privity of contract and third-party rights.

Contents of a Contract
Explains express and implied terms, the incorporation of terms, statutory terms, and exemption clauses. Discusses interpretation of contract terms, such as conditions, warranties and innominate terms, and the legal principles surrounding contractual variation.

Vitiating Elements
Analyses how contracts may be undermined by misrepresentation, mistake, unfair contract terms, duress, undue influence and illegality. Focuses on how these issues affect the validity and enforceability of agreements.

Discharge of Contract and Remedies
Outlines how contracts come to an end through expiry, breach, frustration or performance. Covers the entire performance rule and its mitigation. Remedies include damages, liquidated damages and penalties, injunctions, specific performance, indemnities, guarantees, and the duty to mitigate loss.

Unjust Enrichment
Introduces the concept of unjust enrichment and restitution, especially in situations where a contract is terminated or considered void.

Causation and Remoteness
Explains the link between breach and loss, examining causation, remoteness of damage, and the requirement for a claimant to mitigate losses.

Question 2

TORT LAW

Accepted Answer

Negligence
Explores the duty of care, including general and professional standards, breach of duty, causation (both single and multiple causes), and remoteness of damage. Covers remedies for personal injury and death claims, claims for psychiatric harm, and employers’ primary liability under common law principles.

Remedies and Defences
Covers key defences to negligence, including consent, contributory negligence, illegality and necessity. Also includes the principles of vicarious liability and remedies available for negligence claims.

Occupiers’ Liability
Examines liability under the Occupiers’ Liability Act 1957 for lawful visitors, and the 1984 Act for non-visitors. Discusses the legal requirements for a claim, available defences, and the exclusion of liability by occupiers.

Product Liability
Covers liability for defective products, including the application of negligence principles and statutory claims under the Consumer Protection Act 1987.

Nuisance and the Rule in Rylands v Fletcher
Explains public and private nuisance, the rule in Rylands v Fletcher, available defences, and remedies such as damages and injunctions.

Question 3

LEGAL SYSTEM, SOURCES OF LAW, CONST. & ADMIN. LAW, EU LAW

Accepted Answer

The Legal System of England and Wales
Covers the structure and function of the courts, including the judiciary, court hierarchy, appellate system, jurisdiction and rights of audience.

Sources of Law
 Explains the development of case law and the doctrine of precedent, primary legislation and how Acts of Parliament are structured. Includes methods of statutory interpretation such as the literal, golden and mischief rules, the purposive approach, and the use of presumptions and interpretative aids.

Constitutional and Administrative Law
Explores the UK’s core institutions, including Parliament, central government, devolved administrations, and the Crown. Discusses parliamentary sovereignty, prerogative powers, constitutional conventions, legitimacy, the separation of powers, and the rule of law. Includes powers and procedures for legislation, public order law, and the full process and limits of judicial review—grounds, standing, remedies, and key principles like illegality, irrationality, procedural impropriety and legitimate expectation.

Human Rights Law
Outlines key provisions of the Human Rights Act 1998, including sections 2, 3, 4, 6, 7, 8 and 10, as well as Schedule 1 and the rights protected under the European Convention on Human Rights and its protocols.

EU Law
Explains the status and categories of retained EU law in the UK legal system post-Brexit, including its sources, interpretation, modification and withdrawal under the UK constitutional framework.

Question 4

TRUST LAW

Accepted Answer

Express and Implied Trusts
Covers the creation and formalities of express trusts, including the three certainties (intention, subject matter and objects), inter vivos trusts, and the constitution of trusts. Includes exceptions to the principle that equity will not assist a volunteer. Explains fixed, discretionary, vested and contingent interests, as well as the application of the Saunders v Vautier rule.

Types of Trusts and Beneficial Entitlement
Distinguishes between charitable and non-charitable purpose trusts, including the requirements and legal treatment of each. Covers resulting trusts, when they are presumed or arise, and the application of constructive trusts and proprietary estoppel in the context of family homes.

Liability of Third Parties
Outlines the liability of strangers to the trust, including recipient liability and accessory liability where third parties are implicated in a breach of trust.

The Fiduciary Relationship
Examines fiduciary duties, including the duty not to profit, the prohibition on purchasing trust property, and the requirement to avoid conflicts of interest between duty and personal interest.

Trustees’ Duties, Powers and Liability
Explains who can be a trustee and how they are appointed, removed or retired. Covers the trustee’s duty of care, duties relating to investment, and statutory powers of maintenance and advancement. Also discusses liability for breach of trust, how liability is measured, and the protections and limitation periods available to trustees.

Equitable Remedies and Tracing
Introduces the key equitable remedies available in trust law, including the availability and application of tracing and equitable proprietary claims.

Question 5

LAND LAW

Accepted Answer

Nature of Land
Covers the distinction between real and personal property, how legal and equitable estates and interests in land are acquired, transferred and protected. Includes the legal formalities required for creation and disposal, enforcement of third-party rights, and the various ways land can be held.

Title to Land
 Explains the principles of land registration, including which estates can be substantially registered, how interests are protected on the register, and which interests override registration. Also addresses the principles of unregistered land, the function of title deeds, and the ongoing relevance of the doctrine of notice.

Co-ownership and Trusts
Details the legal and equitable distinctions between joint tenants and tenants in common, rules of survivorship, and the severance of joint tenancies. Includes dispute resolution under the Trusts of Land and Appointment of Trustees Act 1996. Also covers the creation and characteristics of easements, freehold covenants, and mortgages—including enforceability, priority, lenders’ powers and duties, and protection of third-party interests.

Leases
Explores the essential features of legal and equitable leases, the landlord–tenant relationship, and the distinction between leases and licences. Includes privity of contract and estate, enforceability of leasehold covenants, alienation covenants, and remedies for breach, including forfeiture.

Question 6

CRIMINAL LAW

Accepted Answer

Foundations of Criminal Liability
Covers the definition of a criminal offence, including the two core components: actus reus (the physical element of the offence) and mens rea (the mental element or state of mind required for liability).

Specified Criminal Offences
Explains the key criminal offences tested under SQE1, including assault and battery under both common law and statute. Covers theft-related offences such as theft, robbery, burglary and aggravated burglary. Discusses criminal damage, including simple and aggravated criminal damage and arson. Provides a detailed overview of homicide offences: murder, voluntary manslaughter (including diminished responsibility and loss of control), and involuntary manslaughter (by unlawful act or gross negligence). Includes the three types of fraud—by false representation, by failing to disclose information, and by abuse of position.

Defences
Outlines both specific and general defences, including intoxication, self-defence, defence of another, and partial defences such as diminished responsibility or loss of control.

Participation and Secondary Liability
Covers liability for those involved in the commission of an offence beyond the principal actor, including parties to a crime, joint enterprise liability, and inchoate offences such as attempts, conspiracy and encouraging or assisting crime.

Question 7

BUSINESS LAW AND PRACTICE

Accepted Answer

Business Organisations and Legal Structure
Covers the key characteristics of sole traders, partnerships, LLPs, private companies and unlisted public companies. Explains the concept of legal personality and limited liability, and the practical steps for forming and incorporating these entities, including constitutional documents and Companies House filing requirements.

Finance and Corporate Records
Outlines funding methods such as debt and equity, types of security, and how profits and gains are distributed. Includes requirements for maintaining financial records, accounting obligations, and the disclosure of financial information.

Corporate Governance and Compliance
Examines the rights, duties and powers of directors and shareholders, procedures for company decision-making and meetings, and requirements for approvals and disclosures. Covers statutory filing, record-keeping, and documentation. Includes the appointment and removal of directors and protections available to minority shareholders.

Partnerships and Authority
Explains partnership decision-making under the Partnership Act 1890 and typical clauses in partnership agreements that define partner authority and procedures.

Insolvency
Details personal and corporate insolvency options, including CVAs, IVAs, bankruptcy, administration, receivership and liquidation (voluntary and compulsory). Covers creditor protections such as claw-back provisions, preferences, undervalue transactions, fraudulent and wrongful trading, and floating charge challenges. Explains the order of priority for creditor distributions.

Business Taxation
Provides an outline of tax considerations relevant to business clients, including Income Tax, Capital Gains Tax, Corporation Tax, VAT, Stamp Duty Land Tax or Land Transaction Tax, and Inheritance Tax (as summarised in Appendix A).

Question 8

DISPUTE RESOLUTION

Accepted Answer

The principles, procedures and processes involved in dispute resolution
Different options for dispute resolution:
 • the characteristics of arbitration, mediation and litigation which make them an appropriate mechanism to resolve a dispute.

Resolving a dispute through a civil claim:
 • preliminary considerations: limitation, pre-action protocols:
 • parties and causes of action
 • calculating limitation periods for claims in contract and tort
 • Practice Direction – pre-action conduct
 • principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow their terms
 • applicable law: mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales
 • jurisdiction: mechanisms to determine jurisdiction over an international contractual or tortious claim.

Where to start proceedings:
 • allocation of business between the High Court and the county court
 • jurisdiction of the specialist courts.

Issuing and serving proceedings:
 • issuing a claim form
 • adding, removing or substituting parties
 • service of a claim form within the jurisdiction
 • procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction
 • deemed dates of service and time limits for serving proceedings
 • service by an alternative method.

Responding to a claim:
 • admitting the claim
 • acknowledging service and filing a defence and/or counterclaim
 • disputing the court’s jurisdiction
 • entering and setting aside judgment in default
 • discontinuance and settlement
 • time limits for responding to a claim.

Statements of case:
purpose, structure and content of a claim form, particulars of claim, or defence relating to a claim in contract or tort
 • purpose, structure and content of a reply, Part 20 claim, or defence to Part 20 claim
 • requests for further information about statements of case
 • amendments.

Interim applications:
 • procedure for making an application
 • purpose, procedure and evidence required for particular applications:
    • summary judgment
    • interim payments
    • interim injunctions.

Case management:
 • the overriding objective
 • track allocation
 • case management directions for cases proceeding on the fast or multi-tracks
 • non-compliance with orders, sanctions and relief
 • costs and case management conferences.

Evidence:
 • relevance, hearsay and admissibility
 • the burden and standard of proof
 • expert evidence -
    • opinion evidence
    • duties of experts
    • single joint experts
    • discussion between experts

• witness evidence - 
    • witness statements
    • affidavits.

Disclosure and inspection:
 • standard disclosure
 • orders for disclosure
 • specific disclosure
 • pre-action and non-party disclosure
 • electronic disclosure
 • privilege and without prejudice communications
 • waiver of privilege.

Trial:
 • summoning witnesses
 • preparations for trial -
    • purpose of pre-trial checklists and hearings
    • purpose of trial bundles.

• trial procedure including modes of address, court room etiquette and the difference between leading and non-leading questions
 • the nature and effect of judgment.

Costs:
 • costs management and budgeting
 • inter-partes costs orders (interim and final)
 • non-party costs
 • qualified one-way costs shifting
 • Part 36 and other offers
 • security for costs
 • fixed and assessed costs.

Appeals:
 • permission
 • destination of appeals
 • grounds for appeals.

Enforcement of money judgments:
 • oral examination
 • methods of enforcement
 • procedure and mechanisms for effecting valid enforcement in another jurisdiction.

Question 9

PROPERTY PRACTICE

Accepted Answer

Freehold Real Estate Transactions
Covers the core steps in freehold transactions, including investigation of title for both registered and unregistered land. Explains how to analyse Land Registry entries and an epitome of title, identify ownership issues, and understand the process and purpose of reporting to the client.

Searches and Enquiries
Outlines the range, purpose and responsibility for pre-contract searches and enquiries, the types of results they yield, and how they inform the due diligence process.

Law Society Conveyancing Protocol
Highlights the use of the Law Society Conveyancing Protocol to standardise residential conveyancing procedures and promote best practice.

Finance and Acting for a Lender
Explains common sources of finance for property transactions, types of mortgages, and the lender’s requirements. Covers the purpose and content of certificates of title provided by the buyer’s solicitor to the lender.

Contract and Exchange
Details the key terms in the Standard Conditions of Sale and Standard Commercial Property Conditions, use of special conditions, stakeholder vs. agent-held deposits, risk and insurance, VAT issues, the timing and method of exchange, and the consequences of exchange.

Pre-Completion, Completion and Post-Completion
Describes the pre-completion steps including drafting the transfer deed, formalities, and searches. Completion methods and effects are discussed along with post-completion steps such as registration. Remedies for delayed completion include damages, notice to complete, rescission, and compensation clauses.

Leasehold Real Estate Law and Practice
Covers lease structure and content, including clauses on repair, insurance, alterations, user, rent review and alienation. Discusses lease terms and the Code for Leasing Business Premises.

Granting and Assigning Leases
Outlines the procedure for granting or assigning a lease or underlease, including drafting, title deduction, searches, consents, pre- and post-completion steps, and the role of authorised guarantee agreements. Includes key provisions and the legal effect of licences to assign or underlet, and how these documents address privity of contract.

Leasehold Covenants and Remedies
Explains liability under leases granted before and after 1 January 1996. Covers remedies for breach, including debt actions, forfeiture, CRAR, claims against guarantors, specific performance, damages, and self-help clauses (e.g., Jervis v Harris).

Termination and Security of Tenure
Outlines how leases may terminate through effluxion of time, notice, surrender or merger. Covers the rights of tenants under the Landlord and Tenant Act 1954, including renewal, termination, opposition grounds, compensation and lease terms.

Planning Law and Property Taxation
Covers the definition of development under planning law, permitted developments, and what falls outside of planning control. Includes enforcement powers, time limits and building regulations. Tax topics are summarised in Appendix A and include Capital Gains Tax, Corporation Tax, SDLT, VAT and Inheritance Tax.

Question 10

WILLS AND THE ADMINISTRATION OF ESTATES

Accepted Answer

Wills and Intestacy
Explains the formal requirements for valid wills and codicils, including testamentary capacity, absence of duress or undue influence, and compliance with execution formalities. Covers the appointment, renunciation and reserved powers of executors. Discusses the legal effect of amendments to wills made before and after execution, and the role of codicils. Includes methods of revocation, and how marriage or divorce affects a testator’s will. Interpretation issues are addressed, including different types of gifts and how gifts may fail. Also outlines the intestacy rules under Section 46 of the Administration of Estates Act 1925 and the operation of statutory trusts.

Property Outside the Estate
 Covers types of property that pass outside of the will or intestacy rules, such as joint property, life insurance policies, pension scheme benefits and trust assets.

Probate and Administration Practice
Explains when and why a grant of representation is needed, and the relevant procedures under the Non-Contentious Probate Rules. Discusses valuation of assets and liabilities, excepted estates, and methods of funding Inheritance Tax before probate. Outlines who bears the burden of tax and how inheritance tax is apportioned across the estate.

Duties and Liabilities of Personal Representatives
Covers the legal obligations of executors and administrators, their liabilities, and the protections available to them. Includes the sale of estate assets to fund funeral costs, pay debts, taxes, and distribute legacies, along with final estate distribution procedures.

Inheritance Act Claims
Outlines claims made under the Inheritance (Provision for Family and Dependants) Act 1975, including who may apply, on what grounds, and within what time limits.

Taxation of Estates
Summarised in Appendix A, this includes relevant information on Income Tax, Capital Gains Tax, Inheritance Tax, and other applicable taxes during estate administration.

Question 11

CRIMINAL PRACTICE

Accepted Answer

Advising Clients at the Police Station
Covers advice to clients, including vulnerable individuals, during detention and questioning. Explains suspects’ rights under PACE 1984 Code C, including the right to legal advice, notification of arrest, detention reviews and time limits. Discusses identification procedures under Code D, when and how they are carried out, and their legal significance. Includes the right to silence, the effect of adverse inferences, and how to advise clients on whether to answer police questions. Outlines the interview process, the role of the defence solicitor, and the role of an appropriate adult.

Bail and Early Hearings
Explains the right to bail and exceptions, conditional bail, procedures for making bail applications, repeat applications, appeals, and consequences of absconding or breaches. Covers first hearings before the magistrates’ court, classification of offences, representation orders, and the defence solicitor’s role. Includes the Plea Before Venue procedure and advice on trial venue.

Court Allocation and Pre-Trial Procedure
Outlines allocation between magistrates’ court and Crown Court under ss. 19–20 and s. 22A Magistrates' Courts Act 1980, and s. 50A of the Crime and Disorder Act 1998. Covers case management, plea and trial preparation hearings, and obligations relating to disclosure of prosecution and defence evidence.

Evidence: Principles and Challenges
Covers the burden and standard of proof, visual ID evidence and Turnbull guidelines, and inferences from silence under ss. 34–38 Criminal Justice and Public Order Act 1994. Discusses hearsay evidence (definition, admission grounds), confession evidence and its admissibility under ss. 76 and 78 PACE, and how to challenge it. Outlines bad character evidence, including the seven gateways under s. 101(1) Criminal Justice Act 2003, and the court’s powers to exclude evidence under s. 78 PACE to ensure a fair trial.

Trial Procedure in Magistrates’ and Crown Court
Explains trial stages, standard of proof, and procedures including submission of no case to answer. Covers modes of address, courtroom etiquette, leading vs. non-leading questions, witness competence and compellability, special measures, and the solicitor’s duty to the court.

Sentencing
Explores the use of sentencing guidelines and the assessment of seriousness through aggravating and mitigating factors. Covers concurrent vs. consecutive sentences, mitigation strategies, and types of sentence including custodial, suspended, community orders, and Newton hearings.

Appeals
Details appeals from the magistrates’ court (against conviction or sentence), including Crown Court powers and appeals by case stated to the High Court. Explains appeals from the Crown Court, including grounds, procedures, and the powers of the Court of Appeal.

Youth Court Procedure and Sentencing
Covers jurisdiction, grave crimes, allocation decisions, and cases where youths are charged jointly with adults. Includes sentencing under the Sentencing Children and Young People Guidelines, referral orders, detention and training orders, and youth rehabilitation orders.

Question 12

LEGAL SERVICES

Accepted Answer

Regulation of Legal Services
Covers the role of the Solicitors Regulation Authority (SRA), including its principles of professional conduct and risk-based regulation. Explains the nature of reserved legal activities, the requirement for professional indemnity insurance, and the existence of alternative regulated legal service providers.

Equality and Non-Discrimination
Introduces the Equality Act 2010 and its application to legal practice, including the responsibility of solicitors and firms to uphold equality and prevent unlawful discrimination in the delivery of services.

Anti-Money Laundering
Explains the purpose and scope of UK and international anti-money laundering frameworks. Discusses when and how to report suspicions of money laundering, to whom reports should be made, and the appropriate timing and procedures. Covers direct and indirect involvement offences under the Proceeds of Crime Act 2002, available defences, and the due diligence obligations imposed on legal professionals.

Financial Services Regulation
Outlines the regulatory framework governing financial services, including authorisation requirements and their relevance to solicitors' firms. Identifies specified investments and activities, applicable exemptions, and the solicitor’s duties under the Financial Services and Markets Act 2000 and related legislation. Highlights how to recognise financial services issues and where to find reliable regulatory information.

Funding Legal Services
Details the various funding options available to clients, including private retainers, conditional fee arrangements (CFAs), damages-based agreements (DBAs), fixed fees, and third-party funding. Explains eligibility criteria for criminal and civil legal aid, and the use of legal expenses insurance as a funding mechanism.

Question 13

APPENDICES

Accepted Answer

Appendix A – Taxation
Appendix with outline information on Income Tax, Capital Gains Tax, Corporation Tax, VAT, Stamp Duty Land Tax/Land Transaction Tax and Inheritance Tax

Appendix B – Ethics and Professional Conduct
Appendix with outline information on the SRA Principles, Code of Conduct for Solicitors, Registered European Lawyers and Registered Foreign Lawyers, and SRA Code of Conduct for Firms in relation to Managers in authorised firms and Compliance Officers

Appendix C – Solicitors Accounts
Appendix with outline information on the SRA Accounts Rules 2019

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