SQE2 Legal Research 2

Question 1

A solicitor is researching a novel legal point with no directly applicable UK authority. Which sources might provide persuasive guidance?

Accepted Answer

Decisions from other common law jurisdictions (such as Australia, Canada, or New Zealand), academic commentary, and Law Commission reports

Answer

Where no UK authority exists, courts may consider persuasive sources including decisions from other common law jurisdictions, academic commentary from leading textbooks and journals, Law Commission reports, and relevant international conventions or comparative law.

Question 2

What is the significance of the neutral citation system for judgments in England and Wales?

Accepted Answer

It provides a unique, media-neutral identifier for each judgment that is independent of any law report series, enabling consistent citation across all platforms

Answer

The neutral citation system, introduced in 2001, assigns each judgment a unique identifier (e.g., [2024] EWHC 123 (Ch)) that is independent of any law report. It allows consistent citation across print and electronic sources and is now the primary citation for recent judgments.

Question 3

When presenting research findings to a supervisor or client, what is the recommended approach?

Accepted Answer

Summarise the key findings, identify the applicable legal principles, explain how they apply to the client's situation, and highlight any uncertainties or conflicting authorities

Answer

Effective presentation of research requires synthesis: summarising key findings, identifying the relevant legal principles, applying them to the specific facts, and honestly highlighting any areas of uncertainty, conflicting authority, or gaps in the law.

Question 4

What is a Halsbury's Laws of England entry and when is it useful in legal research?

Accepted Answer

It is an encyclopaedic statement of the law of England and Wales, organised by subject, useful as a starting point for researching an unfamiliar area of law

Answer

Halsbury's Laws is a comprehensive legal encyclopaedia that provides authoritative statements of the law of England and Wales, organised by subject area. It is particularly useful as a starting point when researching an unfamiliar legal topic, as it summarises the law with references to primary sources.

Question 5

A solicitor is researching retained EU law following Brexit. Which key statute governs how EU law was preserved in domestic law?

Accepted Answer

The European Union (Withdrawal) Act 2018 (as amended by the Retained EU Law (Revocation and Reform) Act 2023)

Answer

The European Union (Withdrawal) Act 2018 converted existing EU law into domestic law (retained EU law) at the end of the transition period. The Retained EU Law (Revocation and Reform) Act 2023 further reformed this framework, revoking certain retained EU laws and changing the status of others.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Research 2