SQE2 Case Analysis

Question 1

When analysing a client's case for the first time, what should the solicitor identify as a priority?

Accepted Answer

The key legal issues, relevant facts, and the strength of the evidence supporting the client's position

Answer

Effective case analysis begins with identifying the key legal issues in dispute, determining which facts are relevant and disputed, and assessing the strength and admissibility of the available evidence to support or undermine the client's position.

Question 2

In analysing a breach of contract claim, which of the following must be established to advise the client on the merits?

Accepted Answer

The existence of a valid contract, the specific term breached, that the breach caused loss, and the quantum of damages

Answer

A complete analysis of a breach of contract claim requires establishing: (1) a valid contract exists, (2) the specific term(s) breached, (3) the breach caused the client's loss (causation), and (4) the quantification of recoverable damages.

Question 3

When conducting a case analysis, what is the significance of identifying the burden and standard of proof?

Accepted Answer

It determines which party must prove their case and to what degree, which directly affects strategy and evidence gathering

Answer

The burden of proof (who must prove their case) and the standard of proof (the degree of certainty required — balance of probabilities in civil, beyond reasonable doubt in criminal) are fundamental to case analysis as they shape evidence gathering and trial strategy.

Question 4

A solicitor is analysing a negligence claim where the limitation period is about to expire. What is the most urgent step?

Accepted Answer

Issue proceedings to protect the client's position before the limitation period expires

Answer

When the limitation period is about to expire, the most urgent priority is to issue proceedings to preserve the client's cause of action. Failure to issue before the deadline would bar the claim entirely. Other steps, while important, can follow.

Question 5

In analysing a dispute, what is the purpose of a chronology?

Accepted Answer

To organise key events in date order, identify gaps in the evidence, and present a clear narrative of what happened

Answer

A chronology is a fundamental case analysis tool. It organises events in date order, helping the solicitor identify the sequence of relevant events, spot gaps in evidence, understand the timeline, and present a clear narrative to the court.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Case Analysis