SQE2 Case & Matter Analysis

Question 1

When analysing a civil dispute, the first step is to identify:

Accepted Answer

The cause of action and the legal basis for the claim

Answer

The remedy sought

Answer

The limitation period

Answer

The defendant's financial position

Question 2

Limitation periods in contract claims in England & Wales are governed by the Limitation Act 1980, which provides:

Accepted Answer

6 years from breach for simple contracts, 12 years for deeds

Answer

12 years for all contract claims

Answer

3 years for personal injury embedded in contract claims

Answer

5 years for all civil claims

Question 3

In a negligence claim, to establish breach of duty the solicitor must show:

Accepted Answer

The defendant fell below the standard of the reasonable person in the circumstances

Answer

The defendant intended to cause harm

Answer

The claimant suffered a financial loss

Answer

The defendant was aware of the risk

Question 4

Which principle allows a court to draw an inference of negligence from the mere occurrence of an accident?

Accepted Answer

Res ipsa loquitur

Answer

Volenti non fit injuria

Answer

Ex turpi causa

Answer

Novus actus interveniens

Question 5

In professional negligence, the test for the standard of care applicable to a solicitor is:

Accepted Answer

The standard of the reasonably competent solicitor in the relevant field

Answer

The standard of the most competent solicitor in the country

Answer

The standard of a newly qualified solicitor

Answer

Whatever the individual solicitor claims as their standard

Question 6

Which document sets out the parties' agreed facts, contested issues and procedural timetable in civil litigation?

Accepted Answer

Case Management Order

Answer

Particulars of Claim

Answer

Directions questionnaire

Answer

Pre-action protocol letter