SQE2 Case & Matter Analysis 3

Question 1

The overriding objective of the Civil Procedure Rules is to:

Accepted Answer

Enable the court to deal with cases justly and at proportionate cost

Answer

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.

Question 2

In judicial review proceedings, the claim must generally be brought within:

Accepted Answer

Promptly and in any event within 3 months of the decision

Answer

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).

Question 3

In criminal proceedings, the prosecution's duty of disclosure under the CPIA 1996 requires:

Accepted Answer

Disclosure of all unused material that undermines the prosecution or assists the defence

Answer

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.

Question 4

Which remedy is available in equity but not at common law for breach of contract?

Accepted Answer

Specific performance

Answer

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.

Question 5

In analysing a matter for professional negligence against a solicitor, the claimant must show loss caused by the negligence. This is assessed using the:

Accepted Answer

'No transaction' or 'successful transaction' counterfactual

Answer

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.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Case & Matter Analysis 3