SQE2 Case & Matter Analysis 2 — Questions and Answers
Question 1: In criminal case analysis, what must be established to convict of a serious criminal offence?
- Actus reus alone
- Both actus reus and mens rea coinciding in time (Correct answer)
- Mens rea alone if it is sufficiently serious
- Motive and opportunity
Correct answer: Both actus reus and mens rea coinciding in time
Criminal liability for most serious offences requires the coincidence of actus reus (the prohibited act) and mens rea (the requisite mental element) at the same time.
Question 2: In the multi-track, the Pre-Trial Checklist (Listing Questionnaire) is sent out:
- At the allocation stage
- Approximately 8–10 weeks before the trial window (Correct answer)
- Immediately after the defence is filed
- At the first hearing in the County Court
Correct answer: Approximately 8–10 weeks before the trial window
The Pre-Trial Checklist is typically sent 8–10 weeks before the trial date to ensure all directions have been complied with and the case is ready for listing.
Question 3: Under CPR Part 36, a valid Part 36 offer must:
- Be made at any time including during closing submissions
- Be in writing, state it is made pursuant to Part 36 and offer to pay a sum in settlement (Correct answer)
- Remain open for only 7 days unless withdrawn
- Be made only by defendants
Correct answer: Be in writing, state it is made pursuant to Part 36 and offer to pay a sum in settlement
A Part 36 offer must comply with CPR r.36.5: it must be in writing, state that it is a Part 36 offer and remain open for at least 21 days, and specify the relevant period.
Question 4: In employment tribunal proceedings, a claim for unfair dismissal must ordinarily be presented within:
- 3 months less one day from the effective date of termination (Correct answer)
- 6 months from termination
- 1 year from termination
- 28 days from dismissal
Correct answer: 3 months less one day from the effective date of termination
Employment tribunal claims for unfair dismissal must be presented within 3 months less one day from the effective date of termination, subject to early ACAS conciliation.
Question 5: The 'but for' test in causation requires the claimant to prove:
- The defendant was the last person to act before the injury
- The damage would not have occurred but for the defendant's breach (Correct answer)
- The defendant intended the consequences
- Loss was foreseeable at the time of breach
Correct answer: The damage would not have occurred but for the defendant's breach
The basic causation test asks whether, but for the defendant's negligent act or omission, the claimant would have suffered the same loss; if so, causation is not established.
Question 6: In a commercial contract dispute, an exclusion clause will only limit liability if it:
- Is printed in capital letters
- Satisfies the reasonableness test under the Unfair Contract Terms Act 1977 (if applicable) (Correct answer)
- Is initialled by both parties
- Was verbally agreed at the time of contracting
Correct answer: Satisfies the reasonableness test under the Unfair Contract Terms Act 1977 (if applicable)
UCTA 1977 requires exclusion or limitation clauses in business-to-business contracts to satisfy the reasonableness test; clauses limiting liability for negligence or breach are particularly scrutinised.
SQE2 Case & Matter Analysis 2
In criminal case analysis, what must be established to convict of a serious criminal offence?