Mixed Deck — All SQE2 Topics Flashcards

When drafting an indemnity clause, what key distinction should the drafter understand?

Answer: An indemnity is a primary obligation to compensate for loss, while a limitation of liability clause caps the amount recoverable — the drafter must balance protection for both parties

An indemnity creates a primary obligation to compensate for specified losses, operating independently of a claim for damages. The drafter must carefully consider the scope (what triggers the indemnity), any caps or exclusions, the relationship with limitation of liability clauses, and fairness under UCTA 1977.

The rule in Browne v Dunn requires that:

Answer: An advocate must put their case to any witness whose evidence they intend to contradict

The rule in Browne v Dunn obliges advocates to challenge witnesses on disputed matters during cross-examination; failure to do so may preclude later submissions contradicting that evidence.

Open questions in client interviewing are preferred in the early stages because they:

Answer: Encourage clients to give a narrative in their own words

Open questions ('Tell me what happened') invite a narrative response, giving the client control and ensuring no relevant facts are missed by premature narrowing.

What is a Newton hearing in the context of criminal sentencing?

Answer: A fact-finding hearing where the judge resolves a disputed factual basis for sentence following a guilty plea

A Newton hearing, derived from R v Newton (1982), is held where the defendant pleads guilty but disputes the factual basis asserted by the prosecution; the judge hears evidence and determines the facts to inform the appropriate sentence.

In a magistrates' court, when making a plea in mitigation, which of the following should an advocate address?

Answer: The circumstances of the offence, the defendant's personal circumstances, and any relevant mitigating factors from the sentencing guidelines

An effective plea in mitigation covers the circumstances of the offence (how it compares to the sentencing guidelines), the defendant's personal circumstances (employment, family, health), and any relevant mitigating factors such as remorse, cooperation, and good character.

The 'but for' test in causation requires the claimant to prove:

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.

Under section 11 of the CPIA 1996, what are the consequences if a defendant fails to serve a defence statement within the prescribed period in Crown Court proceedings?

Answer: The court may draw adverse inferences, and the prosecution and co-defendants may comment on the failure at trial

Section 11 of the CPIA 1996 provides that if the defendant fails to serve a defence statement in time, serves one late, or departs from it at trial, the court or any other party may make such comment as appears appropriate and the court may draw adverse inferences.

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

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

Simple contracts have a 6-year limitation period from the date of breach; contracts made by deed have 12 years; a 3-year period applies to personal injury claims.

Under sections 43 and 44 of the Police and Criminal Evidence Act 1984 (PACE), what is the absolute maximum period a suspect may be detained without charge in connection with a serious offence?

Answer: 96 hours

Under PACE 1984, the ordinary detention limit is 24 hours, extendable to 36 hours by a superintendent; thereafter a magistrates' court may issue a warrant of further detention, with an absolute maximum of 96 hours from the relevant time.

In criminal case analysis, what must be established to convict of a serious criminal offence?

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.

When presenting research findings to a supervisor or client, what is the recommended approach?

Answer: Summarise the key findings, identify the applicable legal principles, explain how they apply to the client's situation, and highlight any uncertainties or conflicting authorities

Effective presentation of research requires synthesis: summarising key findings, identifying the relevant legal principles, applying them to the specific facts, and honestly highlighting any areas of uncertainty, conflicting authority, or gaps in the law.

An executor's primary duties after a grant of probate include all of the following EXCEPT:

Answer: Advising beneficiaries on their personal tax planning

Executors must collect assets, pay debts and distribute the estate; advising beneficiaries on their own personal tax planning is outside the executor's role and is a separate matter for the beneficiary's own advisers.

A well-drafted particulars of claim must include:

Answer: A concise statement of the facts relied on and the remedy sought

Under CPR r.16.4, particulars of claim must contain a concise statement of the facts, identify the remedy sought and (if relevant) any aggravated damages or provisional damages claim.

When taking instructions from a client who has limited English proficiency, what should the solicitor arrange?

Answer: Arrange for a professional interpreter and confirm the client consents to the interpreter's presence

A professional interpreter should be arranged to ensure accurate communication. Using family members raises confidentiality and accuracy concerns. The client should consent to the interpreter's presence, and the interpreter should be made aware of confidentiality obligations.

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

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.

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

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.

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

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.

What is the purpose of a legal research trail or audit?

Answer: To create a record of the research process, including sources consulted, search terms used, and results found, ensuring thoroughness and enabling the research to be verified or updated

A research trail documents the research methodology: which sources were consulted, what search terms were used, what results were found, and what conclusions were drawn. This ensures thoroughness, avoids duplication, and allows the research to be verified, updated, or continued by others.

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

Answer: The standard of the reasonably competent solicitor in the relevant field

The Bolam/Bolitho test adapted for solicitors requires the standard of the ordinary competent practitioner in that specialism — not the most skilled, but not the least either.

The rule in Saunders v Vautier allows beneficiaries who are:

Answer: All adult, fully entitled and absolutely entitled under the trust to terminate the trust and demand the assets

Saunders v Vautier permits beneficiaries who are all of full age, absolutely entitled and between them hold the entire beneficial interest to collapse the trust and take the assets outright.