SQE2 Case & Matter Analysis 3

Question 1

The overriding objective of the Civil Procedure Rules is to:

Accepted Answer

Enable the court to deal with cases justly and at proportionate cost

Answer

Ensure all cases are tried by a jury

Answer

Maximise disclosure of documents

Answer

Ensure claimants always succeed in meritorious cases

Question 2

In judicial review proceedings, the claim must generally be brought within:

Accepted Answer

Promptly and in any event within 3 months of the decision

Answer

6 months of the decision

Answer

1 year of the decision

Answer

28 days of the decision

Question 3

In criminal proceedings, the prosecution's duty of disclosure under the CPIA 1996 requires:

Accepted Answer

Disclosure of all unused material that undermines the prosecution or assists the defence

Answer

Disclosure of evidence that supports the prosecution case only

Answer

Disclosure only if the defence makes a specific request

Answer

Disclosure of the investigation officer's notebook in full

Question 4

Which remedy is available in equity but not at common law for breach of contract?

Accepted Answer

Specific performance

Answer

Damages

Answer

Debt recovery

Answer

Restitution

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:

Accepted Answer

'No transaction' or 'successful transaction' counterfactual

Answer

Balance sheet test

Answer

Contributory negligence formula

Answer

Loss of chance doctrine exclusively

Question 6

Before issuing proceedings, a solicitor should check whether a pre-action protocol applies because failure to comply:

Accepted Answer

May result in adverse costs orders and sanctions by the court

Answer

Bars the claim from being issued

Answer

Automatically transfers the case to arbitration

Answer

Invalidates any later Part 36 offer