SQE2 Case & Matter Analysis 3 — Questions and Answers
Question 1: The overriding objective of the Civil Procedure Rules is to:
- Ensure all cases are tried by a jury
- Enable the court to deal with cases justly and at proportionate cost (Correct answer)
- Maximise disclosure of documents
- Ensure claimants always succeed in meritorious cases
Correct answer: Enable the court to deal with cases justly and at proportionate cost
CPR r.1.1 sets out the overriding objective: dealing with cases justly and at proportionate cost, including ensuring parties are on an equal footing and the case is dealt with expeditiously.
Question 2: In judicial review proceedings, the claim must generally be brought within:
- 6 months of the decision
- Promptly and in any event within 3 months of the decision (Correct answer)
- 1 year of the decision
- 28 days of the decision
Correct answer: Promptly and in any event within 3 months of the decision
CPR r.54.5 requires judicial review claims to be brought promptly and in any event within 3 months of the date of the decision challenged (shorter for planning and procurement cases).
Question 3: In criminal proceedings, the prosecution's duty of disclosure under the CPIA 1996 requires:
- Disclosure of evidence that supports the prosecution case only
- Disclosure of all unused material that undermines the prosecution or assists the defence (Correct answer)
- Disclosure only if the defence makes a specific request
- Disclosure of the investigation officer's notebook in full
Correct answer: Disclosure of all unused material that undermines the prosecution or assists the defence
Under the CPIA 1996, the prosecution must disclose any unused material that undermines its case or reasonably assists the defence case as revealed in the defence statement.
Question 4: Which remedy is available in equity but not at common law for breach of contract?
- Damages
- Specific performance (Correct answer)
- Debt recovery
- Restitution
Correct answer: Specific performance
Specific performance is an equitable remedy ordering the breaching party to perform their contractual obligations; it is only granted where damages are an inadequate remedy.
Question 5: In analysing a matter for professional negligence against a solicitor, the claimant must show loss caused by the negligence. This is assessed using the:
- Balance sheet test
- 'No transaction' or 'successful transaction' counterfactual (Correct answer)
- Contributory negligence formula
- Loss of chance doctrine exclusively
Correct answer: 'No transaction' or 'successful transaction' counterfactual
In solicitor's negligence cases (following SAAMCO principles) the court asks what the claimant's position would have been had the negligence not occurred — the 'no transaction' or 'successful transaction' counterfactual depending on the facts.
Question 6: Before issuing proceedings, a solicitor should check whether a pre-action protocol applies because failure to comply:
- Bars the claim from being issued
- May result in adverse costs orders and sanctions by the court (Correct answer)
- Automatically transfers the case to arbitration
- Invalidates any later Part 36 offer
Correct answer: May result in adverse costs orders and sanctions by the court
Courts expect parties to follow the applicable pre-action protocol; non-compliance without good reason may result in a costs sanction, a stay of proceedings, or other orders.
SQE2 Case & Matter Analysis 3
The overriding objective of the Civil Procedure Rules is to: