SQE1 - Solicitors Qualifying Examination Part 1 Dispute Resolution Questions and Answers

Question 1

A claimant issues a claim form for a simple breach of contract valued at £18,000 against a defendant based in England.
After the defendant files a defence, the court provisionally decides on the appropriate track.
Which track is the court most likely to allocate this claim to, and what is the primary factor influencing this decision?

Accepted Answer

The Fast Track, primarily due to the financial value of the claim.

Answer

The Small Claims Track, because the legal issues are straightforward.

Answer

The Multi-Track, because breach of contract claims are inherently complex.

Answer

The Intermediate Track, as the value exceeds the Small Claims limit but does not warrant the complexity of the Multi-Track.

Question 2

A solicitor is advising a client who has received a 'Letter of Claim' under the Pre-Action Protocol for Debt Claims. The client is an individual who disputes the amount owed to a large retail company. According to the protocol, what is the minimum period the client must be given to respond to the Letter of Claim before the creditor can start court proceedings?

Accepted Answer

30 days

Answer

14 days

Answer

21 days

Answer

28 days

Question 3

In which of the following circumstances would a statement made during 'without prejudice' negotiations be admissible in court proceedings?

Accepted Answer

To prove that a binding settlement agreement was reached during the negotiations.

Answer

To show that the party making the statement has admitted liability.

Answer

To argue about the costs of the proceedings after judgment has been given.

Answer

To demonstrate that the other party was acting unreasonably by refusing to mediate.

Question 4

A claimant's solicitor is preparing to apply for summary judgment under CPR Part 24 against a defendant who has filed a weak defence. What are the two grounds the court must be satisfied of to grant summary judgment?

Accepted Answer

The defendant has no real prospect of successfully defending the claim, and there is no other compelling reason why the case should be disposed of at a trial.

Answer

The defendant has no real prospect of successfully defending the claim, and the application is made in good faith.

Answer

The claim has a high probability of success at trial, and there is no other compelling reason for the case to proceed to trial.

Answer

The defence is an abuse of the court's process, and the claimant has provided sufficient evidence to prove the claim on the balance of probabilities.

Question 5

A claimant in a personal injury claim makes a valid CPR Part 36 offer to settle for £50,000. The defendant does not accept the offer. The case proceeds to trial and the judge awards the claimant £60,000 in damages. Which of the following consequences is the court most likely to order, unless it considers it unjust to do so?

Accepted Answer

The defendant pays the claimant's costs on the standard basis up to the expiry of the relevant period for the offer, and on the indemnity basis thereafter, plus enhanced interest on damages and an additional amount.

Answer

The defendant pays the claimant's costs on the standard basis up to the date of judgment.

Answer

The defendant pays the claimant's costs on the indemnity basis from the date of the offer, plus enhanced interest on the damages.

Answer

The defendant pays the claimant's costs on the indemnity basis for the entire duration of the proceedings.

Question 6

A solicitor is instructed to serve a claim form on an individual defendant within the jurisdiction of England and Wales. The solicitor posts the claim form by first-class post on a Monday. According to the Civil Procedure Rules, on which day is the claim form deemed to be served?

Accepted Answer

On the Wednesday, the second business day after it was posted.

Answer

On the Monday it was posted.

Answer

On the Tuesday, the day after it was posted.

Answer

On the Friday, if it was not returned as undelivered.