SQE2 Case Analysis 2

Question 1

A client presents a case with conflicting witness evidence. How should the solicitor approach this in their case analysis?

Accepted Answer

Assess the credibility and reliability of each witness, identify inconsistencies, and advise the client on the likely impact at trial

Answer

Ignore the conflicting evidence and focus only on favourable accounts

Answer

Accept the client's preferred version without question

Answer

Tell the client their case is hopeless

Question 2

What is the purpose of identifying potential counterclaims during case analysis?

Accepted Answer

To anticipate the other side's arguments, assess risk, and develop a comprehensive litigation strategy

Answer

To discourage the client from proceeding

Answer

To increase the firm's billing

Answer

To create additional paperwork for the court

Question 3

In a property dispute, the solicitor discovers that key title documents are missing. What should the case analysis address?

Accepted Answer

Alternative methods of proving title, secondary evidence rules, and the impact of missing documents on the client's position

Answer

The case should be abandoned immediately

Answer

The client should be told to fabricate replacement documents

Answer

The missing documents are irrelevant if the client says they owned the property

Question 4

When analysing an employment tribunal claim, which pre-action step must the solicitor advise the client about?

Accepted Answer

The requirement to notify ACAS for early conciliation before a claim can be issued

Answer

Filing a claim directly with the tribunal

Answer

Contacting the employer's solicitor informally

Answer

Publishing details of the dispute on social media

Question 5

A solicitor is conducting a case analysis for a multi-party dispute. What additional complexity should they consider?

Accepted Answer

The potential for contribution claims between defendants, different limitation periods for different parties, and procedural case management issues

Answer

Multi-party disputes are always simpler than two-party disputes

Answer

Only the main claimant's position matters

Answer

Each party should be analysed in complete isolation

Question 6

What role does proportionality play in case analysis for civil litigation?

Accepted 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

Answer

It is not relevant to case analysis

Answer

Proportionality only applies to costs assessment after trial

Answer

It only applies to small claims track cases

A client presents a case with conflicting witness evidence.How should the solicitor approach this in their case analysis?

A client presents a case with conflicting witness evidence.
How should the solicitor approach this in their case analysis?