SQE1 – Solicitors Qualifying Examination Stage 1 — Questions and Answers

Question 1: What is the duty of 'confidentiality' owed by a solicitor to their client?

A duty that ends when the client matter is closed
A duty applicable only to privileged information
A duty to keep all information relating to the client's matter confidential, even after the retainer ends (Correct answer)
A duty to share client information with the court on request

Correct answer: A duty to keep all information relating to the client's matter confidential, even after the retainer ends

The duty of confidentiality is permanent and survives the end of the retainer — solicitors must not disclose client information without authority, even years later.

Question 2: In contract law, what is the 'mirror image rule'?

The acceptance must match the offer exactly (Correct answer)
The contract terms must be fair and equal
The contract must be in written form
Both parties must receive identical benefits

Correct answer: The acceptance must match the offer exactly

The 'mirror image rule' in contract law dictates that an acceptance must precisely match the terms of the offer without any modifications or additions. If the acceptance introduces new terms or conditions, it is considered a counter-offer, which effectively rejects the original offer. This rule ensures that a clear and unambiguous agreement is formed between the parties, establishing mutual assent to the exact same terms.

Question 3: Why is time management crucial for solicitors?

To reduce stress
To avoid working overtime
To meet deadlines and manage multiple cases efficiently (Correct answer)
To impress clients with quick responses

Correct answer: To meet deadlines and manage multiple cases efficiently

Time management is crucial for solicitors due to the demanding nature of legal practice, which often involves strict court deadlines, client expectations, and managing multiple complex cases simultaneously. Efficient time management ensures that all tasks are completed promptly, cases progress smoothly, and client matters are handled effectively. This helps maintain professional standards, avoids potential penalties, and ultimately contributes to client satisfaction and firm reputation.

Question 4: Which tax is payable on a transfer of shares in a UK company?

Stamp Duty at 0.5% (Correct answer)
VAT
Capital Gains Tax on the buyer
SDLT

Correct answer: Stamp Duty at 0.5%

Stamp Duty (not SDLT) is charged at 0.5% on the consideration for a transfer of shares, rounded up to the nearest £5.

Question 5: Under what circumstances may a solicitor act for both buyer and seller in a conveyancing transaction?

Only in limited circumstances, such as where the parties are established clients and the transaction is not at arm's length (Correct answer)
Only in commercial transactions
Never — it is always prohibited
Whenever both clients provide written consent

Correct answer: Only in limited circumstances, such as where the parties are established clients and the transaction is not at arm's length

The SRA Code permits acting for both parties in limited situations (e.g., related parties, same lender, standard form contract) but not where there is a conflict or risk of one.

Question 6: In what situation does the 'litigation privilege' apply?

To confidential communications made for the dominant purpose of litigation that is reasonably contemplated or in progress (Correct answer)
To all documents created after proceedings are issued
To all communications between a solicitor and client
To communications with expert witnesses only

Correct answer: To confidential communications made for the dominant purpose of litigation that is reasonably contemplated or in progress

Litigation privilege protects confidential communications between lawyers, clients, and third parties where the dominant purpose is to prepare for litigation that is reasonably anticipated.

Question 7: What is the standard period for a pre-contract search with the local authority?

LLC1 only
Con29 only
OS1 and OS2
LLC1 and Con29 (Correct answer)

Correct answer: LLC1 and Con29

A local authority search consists of the LLC1 (local land charges register) and Con29 (enquiries of local authority).

Question 8: On completion of a residential sale, when must Stamp Duty Land Tax (SDLT) be filed and paid?

Within 30 days
Within 60 days
Within 3 months
Within 14 days (Correct answer)

Correct answer: Within 14 days

SDLT must be filed with HMRC and any tax paid within 14 days of the effective date of the transaction.

Question 9: What is the maximum sentence the Magistrates' Court can impose for a single either-way offence?

6 months' imprisonment
2 years' imprisonment
Unlimited
12 months' imprisonment (Correct answer)

Correct answer: 12 months' imprisonment

Following the Judicial Review and Courts Act 2022, the Magistrates' Court can now impose up to 12 months' imprisonment for a single either-way offence.

Question 10: What is a 'settlement agreement'?

A voluntary agreement between parties to resolve a dispute and avoid further legal action (Correct answer)
A decision imposed by a judge
A preliminary negotiation document
A court order resolving the dispute

Correct answer: A voluntary agreement between parties to resolve a dispute and avoid further legal action

A settlement agreement is a legally binding contract voluntarily entered into by parties involved in a dispute to resolve their differences outside of court. This agreement typically outlines the terms of resolution, such as monetary payments, specific actions, or cessation of certain activities, in exchange for dropping legal claims. Its purpose is to provide a definitive end to the dispute, avoiding further litigation and its associated costs and uncertainties.

Question 11: Under the rule in Donoghue v Stevenson [1932], what principle was established by the House of Lords?

Negligence requires proof of an intentional disregard for the claimant's safety
A duty of care is owed by all persons to all others who may foreseeably be affected by their acts
Manufacturers are strictly liable to all persons injured by defective products regardless of fault
A manufacturer owes a duty of care to the ultimate consumer where the product reaches them without a reasonable possibility of intermediate examination (Correct answer)

Correct answer: A manufacturer owes a duty of care to the ultimate consumer where the product reaches them without a reasonable possibility of intermediate examination

Donoghue v Stevenson established that a manufacturer owes a duty to the ultimate consumer where there is no reasonable possibility of intermediate examination, founding modern negligence law.

Question 12: What is the primary purpose of client interviewing in legal practice?

To gather evidence for the prosecution
To understand the client's needs and objectives (Correct answer)
To impress the client with legal knowledge
To build a case for the defense

Correct answer: To understand the client's needs and objectives

The primary purpose of client interviewing in legal practice is to thoroughly understand the client's needs, objectives, and the specific details of their situation. This initial understanding is fundamental for a solicitor to provide accurate legal advice, identify relevant legal issues, and develop an effective strategy tailored to the client's specific goals. Without this comprehensive understanding, any legal action might not align with the client's best interests.

Question 13: What should a solicitor do to prepare for a negotiation meeting?

Focus on intimidating the opposing party
Prepare by understanding both parties' positions and interests (Correct answer)
Only review their own client's case
Plan to agree with everything the other party says

Correct answer: Prepare by understanding both parties' positions and interests

Effective negotiation requires a solicitor to thoroughly prepare by understanding not only their own client's position and interests but also those of the opposing party. This comprehensive preparation allows the solicitor to anticipate arguments, identify potential areas of compromise, and formulate strategies that address both sides' concerns. Such an approach leads to a more successful and potentially mutually beneficial outcome, rather than focusing solely on one's own client or attempting intimidation.

Question 14: What is 'wrongful trading' under the Insolvency Act 1986?

Trading whilst insolvent as a matter of balance sheet
Preferring one creditor over another
Fraudulently removing assets before liquidation
Continuing to trade when a director knew or ought to have known there was no reasonable prospect of avoiding insolvent liquidation (Correct answer)

Correct answer: Continuing to trade when a director knew or ought to have known there was no reasonable prospect of avoiding insolvent liquidation

Section 214 IA 1986 makes directors personally liable if they continued trading after knowing (or ought to have known) insolvent liquidation was inevitable.

Question 15: Under the Criminal Procedure Rules, what is the overriding objective?

That cases be resolved as quickly as possible
That victims receive compensation
That defendants be convicted where evidence permits
That criminal cases be dealt with justly (Correct answer)

Correct answer: That criminal cases be dealt with justly

CrimPR r.1.1 states the overriding objective is that criminal cases be dealt with justly, balancing the interests of defendants, victims, and the public.

Question 16: What are the two limbs of the Full Code Test applied by the CPS when deciding to charge?

Reasonable suspicion and proportionality
Evidential sufficiency and public interest (Correct answer)
Strength of evidence and seriousness of offence
Probable cause and public interest

Correct answer: Evidential sufficiency and public interest

The Full Code Test requires first that the evidence is sufficient to provide a realistic prospect of conviction, and second that prosecution is in the public interest.

Question 17: When is a codicil used in will drafting?

To replace an entire will
To register the will at the Probate Registry
To make a minor amendment to an existing will without revoking it (Correct answer)
To appoint a new executor only

Correct answer: To make a minor amendment to an existing will without revoking it

A codicil is a formal supplementary document that amends specific provisions of an existing will while leaving the rest of the will intact.

Question 18: What is the primary purpose of the doctrine of stare decisis?

To allow judges to create new laws
To ensure that lower courts follow higher court decisions (Correct answer)
To standardize legal procedures across jurisdictions
To provide flexibility in legal interpretations

Correct answer: To ensure that lower courts follow higher court decisions

The doctrine of stare decisis, meaning 'to stand by things decided,' is a fundamental principle in common law systems. Its primary purpose is to ensure that lower courts follow precedents established by prior decisions of higher courts in similar cases. This doctrine promotes consistency, predictability, and fairness in the application of the law, contributing to the stability and legitimacy of the legal system.

Question 19: Which legal concept describes a right to use another person's land for a specific purpose?

Covenant
Profit à prendre
Easement (Correct answer)
Licence

Correct answer: Easement

An easement is a proprietary right allowing its holder to use another's land in a defined way, such as a right of way or drainage right.

Question 20: Under the Bail Act 1976, what is the general right for a defendant charged with a criminal offence?

Automatic bail for first-time offenders
A presumption in favour of bail unless statutory grounds for refusing bail exist (Correct answer)
Bail only at the discretion of the judge
No right to bail for indictable offences

Correct answer: A presumption in favour of bail unless statutory grounds for refusing bail exist

Section 4 Bail Act 1976 creates a general right to bail, rebuttable only if the prosecution can satisfy the court that statutory grounds (such as risk of absconding, offending, or obstructing justice) apply.

Question 21: Under the Landlord and Tenant Act 1954, which section gives business tenants the right to renew their lease?

Section 25
Section 24 (Correct answer)
Section 30
Section 33

Correct answer: Section 24

Section 24 of the LTA 1954 confers on qualifying business tenants the statutory right to a new tenancy on expiry of their current lease.

Question 22: Under the Companies Act 2006, what is the minimum number of directors required for a private limited company?

1 (Correct answer)
3
2
4

Correct answer: 1

Section 154(1) CA 2006 requires a private company to have at least one director, who must be a natural person.

Question 23: What is a 'residuary estate' in the context of probate?

Assets held in trust
What remains of the estate after payment of debts, expenses, and specific legacies (Correct answer)
All assets jointly owned with the surviving spouse
The deceased's real property

Correct answer: What remains of the estate after payment of debts, expenses, and specific legacies

The residuary estate is the balance left after settling debts, funeral costs, administration expenses, IHT, and all specific or pecuniary legacies.

Question 24: What is 'adverse possession' in land law?

Occupation of land under a licence
Owning land subject to a mortgage
Acquiring title by long, open, and uninterrupted occupation of land (Correct answer)
Possession of land under a void title

Correct answer: Acquiring title by long, open, and uninterrupted occupation of land

Adverse possession allows a squatter to acquire title after a qualifying period of factual possession and intention to possess, treating the land as their own.

Question 25: What is the primary purpose of legal research?

To find loopholes in the law
To gather relevant legal information to support a case (Correct answer)
To avoid reading legal texts
To impress clients with extensive knowledge

Correct answer: To gather relevant legal information to support a case

The primary purpose of legal research is to systematically gather and analyze relevant legal information, including statutes, case law, and regulations, that directly pertains to a client's case or legal issue. This comprehensive understanding allows a solicitor to formulate sound legal arguments, provide accurate advice, and effectively represent their client's interests. It is a foundational step for any legal work, ensuring decisions are well-informed and legally sound.

Question 26: Which tool is commonly used for online legal research?

Social media platforms
Google Scholar
Wikipedia
LexisNexis (Correct answer)

Correct answer: LexisNexis

LexisNexis is one of the leading professional online legal research platforms, widely used by solicitors, law firms, and legal professionals. It provides comprehensive access to primary legal sources (like statutes and case law), secondary sources, news, and other legal information. Its specialized tools and extensive databases make it an essential and reliable resource for in-depth legal research, far more comprehensive than general search engines.

Question 27: What is the standard of proof required in a civil case?

Clear and convincing evidence
Preponderance of the evidence (Correct answer)
Absolute certainty
Beyond a reasonable doubt

Correct answer: Preponderance of the evidence

In civil cases, the standard of proof required is the 'preponderance of the evidence.' This means the party bringing the claim must demonstrate that their version of events is more likely true than not true, essentially a greater than 50% chance. This standard is less stringent than 'beyond a reasonable doubt' used in criminal cases, reflecting the different goals of civil law, which often involve resolving disputes and compensating for harm.

Question 28: What is the mens rea required for murder under English law?

Intention to kill only
Intention to kill or cause grievous bodily harm (Correct answer)
Gross negligence
Recklessness as to death

Correct answer: Intention to kill or cause grievous bodily harm

Murder requires proof that the defendant intended either to kill or to cause grievous bodily harm, as confirmed in R v Moloney [1985].

Question 29: What is the Inheritance Tax nil-rate band for the 2024–25 tax year?

£325,000 (Correct answer)
£175,000
£500,000
£650,000

Correct answer: £325,000

The basic IHT nil-rate band has been frozen at £325,000 since 2009, meaning estates above this threshold are taxed at 40% on the excess.

Question 30: In the tort of private nuisance, which element must the claimant establish regarding their interest in land?

The claimant must be a mere licensee with permission to use the land
The claimant must have a proprietary or exclusive possessory interest in the affected land (Correct answer)
The claimant need only show they were physically present on the land at the time
The claimant must own the freehold title to the property

Correct answer: The claimant must have a proprietary or exclusive possessory interest in the affected land

Following Hunter v Canary Wharf Ltd [1997], only those with a proprietary or exclusive possessory interest in the land (e.g., owner or tenant) can sue in private nuisance.

Question 31: The 'eggshell skull' rule in tort law provides that:

A defendant is only liable for the foreseeable extent of the claimant's injuries regardless of any pre-existing vulnerabilities
A defendant must take their victim as they find them and is liable for the full extent of the claimant's injury, even if unforeseeable due to a pre-existing condition (Correct answer)
Liability is shared between the defendant and the claimant where the claimant had a pre-existing condition
Damages are capped at what would have been suffered by an ordinary person without any vulnerability

Correct answer: A defendant must take their victim as they find them and is liable for the full extent of the claimant's injury, even if unforeseeable due to a pre-existing condition

The 'eggshell skull' (or 'thin skull') rule, illustrated in Smith v Leech Brain & Co [1962], requires the defendant to take the claimant as they find them, bearing full liability even if the injury is more severe due to the claimant's pre-existing condition.

SQE1 – Solicitors Qualifying Examination Stage 1

The SQE1 assesses Functioning Legal Knowledge across 12 legal practice areas through two multiple-choice papers (FLK1 and FLK2), each with 180 single best answer questions from five answer options. It is a mandatory assessment for qualifying as a solicitor in England and Wales.

Questions

51 min

Time Limit

57%

To Pass

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