SQE2 Solicitors Qualifying Exam — Questions and Answers

Question 1: What is a Halsbury's Laws of England entry and when is it useful in legal research?

It is an encyclopaedic statement of the law of England and Wales, organised by subject, useful as a starting point for researching an unfamiliar area of law (Correct answer)
It is a collection of unreported cases
It is a law firm's internal knowledge management system
It is a database of European Union legislation only

Correct answer: It is an encyclopaedic statement of the law of England and Wales, organised by subject, useful as a starting point for researching an unfamiliar area of law

Halsbury's Laws is a comprehensive legal encyclopaedia that provides authoritative statements of the law of England and Wales, organised by subject area. It is particularly useful as a starting point when researching an unfamiliar legal topic, as it summarises the law with references to primary sources.

Question 2: Under CPR Part 36, a valid Part 36 offer must:

Remain open for only 7 days unless withdrawn
Be made only by defendants
Be in writing, state it is made pursuant to Part 36 and offer to pay a sum in settlement (Correct answer)
Be made at any time including during closing submissions

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 3: When a statute is ambiguous, the court may use Pepper v Hart [1993] to refer to Hansard to determine:

All debates during the bill's passage
The financial cost of enacting the legislation
The title of the bill as originally drafted
The ministerial statements made during the passage of the bill that clearly resolve the ambiguity (Correct answer)

Correct answer: The ministerial statements made during the passage of the bill that clearly resolve the ambiguity

Pepper v Hart allows courts to consult Hansard (parliamentary debates) as an aid to interpretation only where a statute is ambiguous and a ministerial statement clearly resolves that ambiguity.

Question 4: When drafting a commercial lease, which of the following clauses is essential to protect the landlord's interest?

A clause removing the landlord's obligation to maintain the structure
A clause allowing the tenant to terminate at any time without notice
A rent review clause specifying the mechanism and frequency of rent adjustments (Correct answer)
A clause allowing the tenant to sublet without consent

Correct answer: A rent review clause specifying the mechanism and frequency of rent adjustments

A rent review clause is essential in a commercial lease as it protects the landlord's income against inflation and market changes. It should specify the review frequency (typically every 3-5 years), the review mechanism (open market, RPI, or fixed increases), and the procedure for resolving disputes.

Question 5: What is the purpose of a Part 36 offer in civil litigation, and how should it be drafted?

It is a casual settlement discussion with no formal consequences
It is a request for summary judgment
It is an offer that can only be made by claimants
It is a formal written offer to settle under CPR Part 36 that carries specific costs consequences if not beaten at trial, and must comply with the formal requirements of Part 36 (Correct answer)

Correct answer: It is a formal written offer to settle under CPR Part 36 that carries specific costs consequences if not beaten at trial, and must comply with the formal requirements of Part 36

A Part 36 offer is a formal settlement offer with significant costs consequences. It must be in writing, state it is made under Part 36, specify a period of at least 21 days for acceptance, and state whether it relates to the whole or part of the claim. If not beaten at trial, adverse costs orders follow.

Question 6: Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be brought within:

28 days of the grant
3 years of the date of death
12 months of the date of death
6 months of the grant of probate or letters of administration (Correct answer)

Correct answer: 6 months of the grant of probate or letters of administration

Claims under the I(PFD)A 1975 must be issued within 6 months of the date of the grant of probate (or letters of administration), though the court has discretion to extend.

Question 7: Closing submissions in advocacy should:

Introduce new evidence not adduced during trial
Analyse the evidence as presented and apply it to the legal issues (Correct answer)
Be confined to purely legal arguments without reference to the facts
Repeat the opening speech verbatim

Correct answer: Analyse the evidence as presented and apply it to the legal issues

Closing submissions synthesise the evidence heard at trial, apply the law to the established facts and persuade the tribunal why the client's case should succeed.

Question 8: When citing an unreported case in court, an advocate should:

Obtain the permission of the court and provide the judgment in approved form (Correct answer)
Use it freely without notification
Decline to use it as it has no precedent value
Only cite it if the other party agrees

Correct answer: Obtain the permission of the court and provide the judgment in approved form

Practice Direction 40E requires advocates to seek permission when citing unreported cases and to provide copies of the judgment in the approved format for the court's benefit.

Question 9: In drafting a shareholders' agreement, what is the purpose of a drag-along clause?

To enable majority shareholders to compel minority shareholders to sell their shares on the same terms if a buyer offers to purchase the entire company (Correct answer)
To prevent any shareholder from selling their shares
To set the dividend policy
To allow minority shareholders to block any sale

Correct answer: To enable majority shareholders to compel minority shareholders to sell their shares on the same terms if a buyer offers to purchase the entire company

A drag-along clause allows majority shareholders (typically holding a specified percentage) to force minority shareholders to sell their shares on the same terms and conditions if a buyer wishes to acquire 100% of the company. This prevents minorities from blocking beneficial sales.

Question 10: In the multi-track, the Pre-Trial Checklist (Listing Questionnaire) is sent out:

Immediately after the defence is filed
At the allocation stage
Approximately 8–10 weeks before the trial window (Correct answer)
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 11: Which of the following is NOT a requirement of a valid client care letter under the SRA Code of Conduct?

Name of the supervising partner (Correct answer)
An estimate of costs
Information about the right to complain
The name of the person handling the matter

Correct answer: Name of the supervising partner

The SRA Code requires information about costs, the complaints procedure and the responsible person, but does not mandate the name of a supervising partner.

Question 12: An advocate realises during their closing speech that they failed to put a crucial part of their client's case to the opposing witness during cross-examination. What is the consequence?

The advocate may be criticised for failing to comply with the rule in Browne v Dunn, and the court may give less weight to the unchallenged evidence (Correct answer)
The advocate can recall the witness without permission
No consequence as closing speeches can introduce new matters
The judge must declare a mistrial

Correct answer: The advocate may be criticised for failing to comply with the rule in Browne v Dunn, and the court may give less weight to the unchallenged evidence

Under the rule in Browne v Dunn (1893), an advocate must put their client's case to an opposing witness so the witness has an opportunity to respond. Failure to do so may result in judicial criticism and the court may accept the unchallenged evidence.

Question 13: In a property dispute, the solicitor discovers that key title documents are missing. What should the case analysis address?

The case should be abandoned immediately
The missing documents are irrelevant if the client says they owned the property
The client should be told to fabricate replacement documents
Alternative methods of proving title, secondary evidence rules, and the impact of missing documents on the client's position (Correct answer)

Correct answer: Alternative methods of proving title, secondary evidence rules, and the impact of missing documents on the client's position

The case analysis should consider alternative ways to establish title (such as Land Registry records, statutory declarations, or adverse possession), the rules on secondary evidence, and how the absence of original documents affects the strength of the client's case.

Question 14: The protocol for dealing with contaminated land discovered during a property transaction requires the solicitor to:

Refer the matter to the Environment Agency only
Ignore it unless the buyer raises it specifically
Guarantee the land is clean before exchange
Advise the client of the risk, obtain an environmental search and consider specialist reports (Correct answer)

Correct answer: Advise the client of the risk, obtain an environmental search and consider specialist reports

On discovering potential contamination a solicitor must advise the client of the legal and financial risks (including Part IIA EPA 1990 liability), obtain appropriate searches and consider specialist environmental investigation.

Question 15: Which body regulates estate agents in England & Wales and requires them to belong to a redress scheme?

The Solicitors Regulation Authority
National Trading Standards Estate & Letting Agency Team (NTSELAT) (Correct answer)
The Law Society
HM Land Registry

Correct answer: National Trading Standards Estate & Letting Agency Team (NTSELAT)

NTSELAT is the national body that enforces the Estate Agents Act 1979 and requires estate agents to belong to an approved redress scheme, with powers to ban agents from the industry.

Question 16: A client attends an interview accompanied by their adult child who frequently answers questions on the client's behalf. What should the solicitor do?

Accept the instructions from the adult child as an agent
Ask the adult child to provide written confirmation of the instructions
Allow the adult child to continue answering as it saves time
Politely request time alone with the client to ensure the instructions come from the client directly (Correct answer)

Correct answer: Politely request time alone with the client to ensure the instructions come from the client directly

The solicitor should speak to the client alone to ensure instructions are genuinely the client's own and not influenced by the accompanying person. This is particularly important in vulnerable client situations and when taking will instructions.

Question 17: A file note differs from a formal attendance note in that a file note:

Is only required in transactional matters
Does not need a date or author
Can be used in court but an attendance note cannot
Records information from internal communications or document reviews rather than client meetings (Correct answer)

Correct answer: Records information from internal communications or document reviews rather than client meetings

File notes capture internal events such as research findings, telephone calls to opponents or document reviews, while attendance notes record meetings with clients.

Question 18: When drafting a will, what is the attestation clause and why is it important?

It lists the testator's assets
It revokes all previous wills
It confirms that the will was signed by the testator in the presence of two witnesses who also signed in the testator's presence, satisfying section 9 of the Wills Act 1837 (Correct answer)
It appoints the executors

Correct answer: It confirms that the will was signed by the testator in the presence of two witnesses who also signed in the testator's presence, satisfying section 9 of the Wills Act 1837

The attestation clause confirms compliance with the formalities of section 9 of the Wills Act 1837: that the testator signed (or acknowledged their signature) in the presence of two witnesses, who then signed in the testator's presence. It creates a presumption of due execution.

SQE2 Solicitors Qualifying Exam

The Solicitors Qualifying Examination Part 2 (SQE2) assesses practical legal skills including client interviewing, advocacy and persuasion, case and matter analysis, legal research, legal writing, legal drafting, and application of property law, wills, and probate in practice.

Questions

1140 min

Time Limit

67%

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