SQE2 Solicitors Qualifying Exam — Questions and Answers

Question 1: What drafting technique should be used to ensure a contract clause survives the termination of the agreement?

Include the clause in an appendix
Include a survival clause that expressly lists which provisions continue after termination, such as confidentiality, limitation of liability, and dispute resolution (Correct answer)
Mark the clause in bold font
No special drafting is needed — all clauses survive automatically

Correct answer: Include a survival clause that expressly lists which provisions continue after termination, such as confidentiality, limitation of liability, and dispute resolution

A survival clause expressly states which provisions continue in force after the contract terminates. Common surviving provisions include confidentiality obligations, limitation and exclusion of liability, intellectual property rights, dispute resolution mechanisms, and governing law.

Question 2: What ethical obligations does an advocate owe when making submissions on sentencing?

The advocate must not mislead the court about the defendant's previous convictions or the applicable sentencing guidelines (Correct answer)
The advocate should avoid mentioning any aggravating factors even if asked by the court
The advocate has no duties to the court during sentencing
The advocate can say anything to secure the lowest sentence

Correct answer: The advocate must not mislead the court about the defendant's previous convictions or the applicable sentencing guidelines

The duty not to mislead the court applies throughout the proceedings, including sentencing. The advocate must not misrepresent the defendant's record or the applicable guidelines, though they are entitled to present all available mitigating factors in the most favourable light.

Question 3: Inheritance Tax (IHT) is generally charged at what rate on the amount of an estate above the nil-rate band?

40% (Correct answer)
20%
28%
45%

Correct answer: 40%

IHT is charged at 40% on the taxable estate above the current nil-rate band (£325,000); a reduced rate of 36% applies where 10% or more of the net estate is left to charity.

Question 4: Skeleton arguments in civil advocacy are primarily intended to:

Present all witness evidence in summary form
Replace oral submissions entirely
Give the judge the final decision in draft
Provide a structured overview of arguments and key authorities in advance (Correct answer)

Correct answer: Provide a structured overview of arguments and key authorities in advance

Skeleton arguments set out the structure of oral submissions, identify key legal authorities and define the issues in advance, enabling the tribunal to prepare for the hearing.

Question 5: Open questions in client interviewing are preferred in the early stages because they:

Encourage clients to give a narrative in their own words (Correct answer)
Prevent clients from providing irrelevant information
Save time by narrowing issues quickly
Satisfy the requirement for informed consent

Correct 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.

Question 6: When researching case law, which court's decisions are binding on all courts below it?

The UK Supreme Court binds all courts in England and Wales (Correct answer)
The Court of Appeal binds all courts including the Supreme Court
All courts are equally persuasive
The High Court binds the County Court and Magistrates' Court

Correct answer: The UK Supreme Court binds all courts in England and Wales

The UK Supreme Court (formerly the House of Lords) sits at the apex of the court hierarchy; its decisions bind all lower courts in England and Wales.

Question 7: When researching case law, what is the difference between the ratio decidendi and obiter dictum?

There is no practical difference
Obiter dictum is always more important than ratio
The ratio decidendi is the binding legal principle of the case, while obiter dictum is a non-binding judicial observation or remark (Correct answer)
Ratio decidendi only applies in criminal cases

Correct answer: The ratio decidendi is the binding legal principle of the case, while obiter dictum is a non-binding judicial observation or remark

The ratio decidendi is the legal principle upon which the decision is based and is binding on lower courts. Obiter dictum (plural: obiter dicta) consists of judicial observations made in passing that are not essential to the decision and are persuasive but not binding.

Question 8: Limitation periods in contract claims in England & Wales are governed by the Limitation Act 1980, which provides:

6 years from breach for simple contracts, 12 years for deeds (Correct answer)
5 years for all civil claims
12 years for all contract claims
3 years for personal injury embedded in contract claims

Correct 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.

Question 9: A buyer purchasing with a mortgage must ensure the mortgage offer remains valid until:

Exchange of contracts
Registration at Land Registry
12 months after exchange
Completion, so the offer must not have expired (Correct answer)

Correct answer: Completion, so the offer must not have expired

The mortgage offer must remain valid at the date of completion and draw-down; if it expires before completion, the buyer's solicitor must obtain an extension before proceeding.

Question 10: In property drafting, what is the significance of the 'usual covenants' implied into a lease?

They are optional extras that add no legal value
They replace the need for any express terms
They are implied terms covering rent payment, repair obligations, quiet enjoyment, and insurance, which apply unless expressly excluded or varied (Correct answer)
They only apply to agricultural leases

Correct answer: They are implied terms covering rent payment, repair obligations, quiet enjoyment, and insurance, which apply unless expressly excluded or varied

The usual covenants include the tenant's covenant to pay rent, keep the premises in repair, allow the landlord to enter and inspect, and the landlord's covenant for quiet enjoyment. They are implied where the lease is granted on 'usual terms' but can be varied or excluded by express provision.

Question 11: An advocate discovers during trial that their client has given perjured evidence. What must the advocate do?

Continue as if nothing has happened to protect the client
Immediately announce to the court that the client has lied
Advise the client that they cannot continue to act if the client insists on maintaining the false evidence, and inform the court if necessary (Correct answer)
Ask the court for a recess to fabricate alternative evidence

Correct answer: Advise the client that they cannot continue to act if the client insists on maintaining the false evidence, and inform the court if necessary

The advocate must not mislead the court. They should advise the client privately that they cannot continue acting if the perjury is maintained. If the client refuses to correct the position, the advocate should withdraw from the case rather than participate in misleading the court.

Question 12: During a client interview about a commercial dispute, the client mentions they have relevant documents at their office. What should the solicitor advise?

Ask the client to summarise the documents verbally instead
Tell the client the documents are not important at this stage
Tell the client to send only the documents that support their case
Advise the client to preserve all relevant documents and not destroy, alter, or dispose of any materials that may be relevant to the dispute (Correct answer)

Correct answer: Advise the client to preserve all relevant documents and not destroy, alter, or dispose of any materials that may be relevant to the dispute

Document preservation is crucial. Under the duty of disclosure in litigation, parties must preserve relevant documents. The solicitor should advise the client early about their preservation obligations to avoid potential sanctions for destruction of evidence.

Question 13: When drafting a will, what is the attestation clause and why is it important?

It revokes all previous wills
It lists the testator's assets
It appoints the executors
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)

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.

Question 14: In legal research, a ratio decidendi is:

The legal principle necessary for the court's decision that forms binding precedent (Correct answer)
An obiter dictum from the leading judgment
The procedural history of the case
The judge's personal comments on the law

Correct answer: The legal principle necessary for the court's decision that forms binding precedent

The ratio decidendi is the legal reasoning essential to the court's decision; only the ratio creates binding precedent under the doctrine of stare decisis.

Question 15: Which document sets out the parties' agreed facts, contested issues and procedural timetable in civil litigation?

Particulars of Claim
Case Management Order (Correct answer)
Pre-action protocol letter
Directions questionnaire

Correct answer: Case Management Order

A Case Management Order issued following the case management conference records the agreed and disputed issues, case summary and procedural steps to trial.

Question 16: In an SQE2 client interview, closing the meeting should include:

Requesting payment before the meeting ends
Providing a detailed written advice memorandum on the spot
Summarising next steps and confirming the client's instructions (Correct answer)
Asking the client to read and sign the attendance note immediately

Correct answer: Summarising next steps and confirming the client's instructions

Closing an interview effectively involves summarising what has been agreed, confirming next steps and ensuring the client leaves with a clear understanding of the process ahead.

Question 17: Under CPR Part 36, a valid Part 36 offer must:

Remain open for only 7 days unless withdrawn
Be in writing, state it is made pursuant to Part 36 and offer to pay a sum in settlement (Correct answer)
Be made only by defendants
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 18: Under Schedule 1 of the Bail Act 1976, on what basis may a court refuse bail for an imprisonable offence?

Only where the offence carries a maximum sentence of five years or more
Where there are substantial grounds to believe the defendant would abscond, commit further offences, or interfere with witnesses (Correct answer)
Only where the defendant has relevant previous convictions for similar offences
Whenever the prosecution formally objects to bail being granted

Correct answer: Where there are substantial grounds to believe the defendant would abscond, commit further offences, or interfere with witnesses

Schedule 1, Part I of the Bail Act 1976 permits refusal of bail for imprisonable offences where there are substantial grounds to believe the defendant would abscond, commit offences on bail, or interfere with witnesses or obstruct justice.

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%

To Pass

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These practice questions were written with AI tools. They are not real exam questions. Exam facts are checked against the official sources listed below. Not reviewed by a subject-matter expert. Editorial policy

Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

sqe.sra.org.uk — Fees, retake fee, test delivery, retake policy, score validity, eligibility, registration deadline, registration, score release, test dates · verified Oct 2026
sra.org.uk — Exam format · verified Oct 2026