SQE2 Case Analysis 2 — Questions and Answers
Question 1: A client presents a case with conflicting witness evidence. How should the solicitor approach this in their case analysis?
- Ignore the conflicting evidence and focus only on favourable accounts
- Assess the credibility and reliability of each witness, identify inconsistencies, and advise the client on the likely impact at trial (Correct answer)
- Accept the client's preferred version without question
- Tell the client their case is hopeless
Correct answer: Assess the credibility and reliability of each witness, identify inconsistencies, and advise the client on the likely impact at trial
Where witness evidence conflicts, the solicitor must objectively assess each account's credibility (honesty) and reliability (accuracy), identify and explain inconsistencies, and advise the client realistically on how a court is likely to weigh the competing evidence.
Question 2: What is the purpose of identifying potential counterclaims during case analysis?
- To discourage the client from proceeding
- To anticipate the other side's arguments, assess risk, and develop a comprehensive litigation strategy (Correct answer)
- To increase the firm's billing
- To create additional paperwork for the court
Correct answer: To anticipate the other side's arguments, assess risk, and develop a comprehensive litigation strategy
Identifying potential counterclaims is essential for providing comprehensive advice. It helps the solicitor anticipate the defendant's strategy, assess the client's overall litigation risk, prepare defences to counterclaims, and develop a strategy that addresses both the claim and potential counterclaim.
Question 3: In a property dispute, the solicitor discovers that key title documents are missing. What should the case analysis address?
- The case should be abandoned immediately
- Alternative methods of proving title, secondary evidence rules, and the impact of missing documents on the client's position (Correct answer)
- The client should be told to fabricate replacement documents
- The missing documents are irrelevant if the client says they owned the property
Correct answer: Alternative methods of proving title, secondary evidence rules, and the impact of missing documents on the client's position
The case analysis should consider alternative ways to establish title (such as Land Registry records, statutory declarations, or adverse possession), the rules on secondary evidence, and how the absence of original documents affects the strength of the client's case.
Question 4: When analysing an employment tribunal claim, which pre-action step must the solicitor advise the client about?
- Filing a claim directly with the tribunal
- The requirement to notify ACAS for early conciliation before a claim can be issued (Correct answer)
- Contacting the employer's solicitor informally
- Publishing details of the dispute on social media
Correct answer: The requirement to notify ACAS for early conciliation before a claim can be issued
Before an employment tribunal claim can be issued, the claimant must contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation. The ACAS certificate number is required on the claim form. Failure to comply means the tribunal will reject the claim.
Question 5: A solicitor is conducting a case analysis for a multi-party dispute. What additional complexity should they consider?
- Multi-party disputes are always simpler than two-party disputes
- The potential for contribution claims between defendants, different limitation periods for different parties, and procedural case management issues (Correct answer)
- Only the main claimant's position matters
- Each party should be analysed in complete isolation
Correct answer: The potential for contribution claims between defendants, different limitation periods for different parties, and procedural case management issues
Multi-party disputes raise additional complexities including potential contribution claims under the Civil Liability (Contribution) Act 1978, different limitation positions for different parties, joinder and case management issues, and the interrelationship of the parties' positions.
Question 6: What role does proportionality play in case analysis for civil litigation?
- It is not relevant to case analysis
- The solicitor must assess whether the costs, time, and effort of pursuing or defending the claim are proportionate to the value and importance of the issues at stake (Correct answer)
- Proportionality only applies to costs assessment after trial
- It only applies to small claims track cases
Correct answer: The solicitor must assess whether the costs, time, and effort of pursuing or defending the claim are proportionate to the value and importance of the issues at stake
Proportionality is a fundamental principle of the Civil Procedure Rules (the overriding objective). The solicitor must advise whether the likely costs and resources required are proportionate to the amount in dispute, the importance of the case, the complexity of the issues, and the parties' financial positions.
SQE2 Case Analysis 2
A client presents a case with conflicting witness evidence.
How should the solicitor approach this in their case analysis?