SQE2 Solicitors Qualifying Exam — Questions and Answers

Question 1: When drafting an indemnity clause, what key distinction should the drafter understand?

There is no difference between an indemnity and a guarantee
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 (Correct answer)
An indemnity only applies to physical damage
Indemnity clauses are not enforceable in English law

Correct 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.

Question 2: In contract drafting, what is the purpose of a force majeure clause?

To allow either party to terminate at will
To set out the payment terms
To allocate risk for events beyond the parties' control that prevent performance, such as natural disasters, pandemics, or war (Correct answer)
To define the governing law

Correct answer: To allocate risk for events beyond the parties' control that prevent performance, such as natural disasters, pandemics, or war

A force majeure clause addresses events beyond the parties' reasonable control that prevent or delay performance. It typically lists qualifying events, specifies the consequences (suspension or termination), and sets out notification requirements. English law does not imply force majeure — it must be expressly drafted.

Question 3: A solicitor drafting a formal letter to an opponent must ensure it is:

Clear, professional, without personal attack and accurate as to the facts and law relied on (Correct answer)
Copied to the client without review
Written in the first person using casual language
Headed 'without prejudice' as a matter of course

Correct answer: Clear, professional, without personal attack and accurate as to the facts and law relied on

Correspondence with opponents must be accurate, professional and measured; misleading or abusive letters can constitute a breach of professional conduct and harm the client's case.

Question 4: What ethical obligations does an advocate owe when making submissions on sentencing?

The advocate has no duties to the court during 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 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 5: When advising on costs at the outset of a matter, a solicitor must:

Only discuss costs if the client raises the matter
Give the best available information about costs and likely total charges (Correct answer)
Decline to estimate costs until the matter concludes
Provide a guaranteed fixed fee

Correct answer: Give the best available information about costs and likely total charges

The SRA Code requires solicitors to provide the best available information about likely costs at the outset and as the matter progresses, enabling informed client decision-making.

Question 6: What is the custody time limit from first appearance to the start of summary trial for an either-way offence in the magistrates' court under the Prosecution of Offences (Custody Time Limits) Regulations 1987?

70 days
112 days
182 days
56 days (Correct answer)

Correct answer: 56 days

Regulation 5 of the Prosecution of Offences (Custody Time Limits) Regulations 1987 sets the custody time limit at 56 days from first appearance to the start of summary trial for either-way offences.

Question 7: When addressing a tribunal, the cardinal rule of oral advocacy is to:

Read prepared submissions verbatim
Be clear, concise and structured, adapting to the tribunal's questions (Correct answer)
Avoid eye contact to reduce bias
Speak as quickly as possible to cover more ground

Correct answer: Be clear, concise and structured, adapting to the tribunal's questions

Effective oral advocacy requires clarity of structure and argument, responsiveness to the tribunal's concerns and brevity — reading out notes rigidly is considered poor practice.

Question 8: In drafting a shareholders' agreement, what is the purpose of a drag-along clause?

To prevent any shareholder from selling their shares
To set the dividend policy
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 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 9: When analysing a client's case for the first time, what should the solicitor identify as a priority?

The potential fees that can be charged
The name of the opposing solicitor
Whether the case will receive media attention
The key legal issues, relevant facts, and the strength of the evidence supporting the client's position (Correct answer)

Correct answer: The key legal issues, relevant facts, and the strength of the evidence supporting the client's position

Effective case analysis begins with identifying the key legal issues in dispute, determining which facts are relevant and disputed, and assessing the strength and admissibility of the available evidence to support or undermine the client's position.

Question 10: When a client presents a complex problem in an interview, the solicitor should first:

Check the limitation period
Advise on all relevant law immediately
Refer the client to a specialist
Allow the client to explain the problem fully without interruption (Correct answer)

Correct answer: Allow the client to explain the problem fully without interruption

Letting the client tell their story uninterrupted ensures a complete factual picture is gathered and avoids missing key information through premature legal analysis.

Question 11: What is the purpose of providing a client care letter following the initial interview?

To confirm the instructions, explain the scope of work, costs, complaints procedure, and regulatory information (Correct answer)
To satisfy the court that the solicitor has been instructed
To serve as a binding contract that cannot be varied
To market the firm's other services to the client

Correct answer: To confirm the instructions, explain the scope of work, costs, complaints procedure, and regulatory information

A client care letter confirms instructions received, sets out the scope of work, explains costs and billing arrangements, provides details of the complaints procedure, and includes required regulatory information. It is a key client care requirement under the SRA Code of Conduct.

Question 12: The commorientes rule applies when:

A testator and beneficiary die on the same day in different countries
Two beneficiaries dispute the same legacy
Two people die in circumstances where it is uncertain who died first (Correct answer)
A joint tenancy includes more than two people

Correct answer: Two people die in circumstances where it is uncertain who died first

The commorientes rule (s.184 Law of Property Act 1925) creates a statutory presumption that deaths occur in order of seniority (older first) when the order of deaths cannot be established.

Question 13: In the multi-track, the Pre-Trial Checklist (Listing Questionnaire) is sent out:

At the first hearing in the County Court
At the allocation stage
Approximately 8–10 weeks before the trial window (Correct answer)
Immediately after the defence is filed

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 14: The ejusdem generis rule of statutory interpretation provides that:

Later statutes impliedly repeal earlier inconsistent ones
General words following a list of specific words are limited to things of the same class (Correct answer)
The statute must be read as a whole
Words must always be given their literal meaning

Correct answer: General words following a list of specific words are limited to things of the same class

Ejusdem generis limits the scope of general words that follow specific examples to items of the same genus or type as those examples, restricting potentially wide application.

Question 15: In the Court of Appeal (Civil Division), permission to appeal is generally required except:

Where the lower court's order refused permission but the appeal is on a point of law of general public importance
For appeals against committal for contempt (Correct answer)
For all appeals from the High Court
For second appeals only

Correct answer: For appeals against committal for contempt

By statute, appeals against committal orders do not require permission, reflecting the fundamental importance of liberty in those cases.

Question 16: In analysing a matter for professional negligence against a solicitor, the claimant must show loss caused by the negligence. This is assessed using the:

Contributory negligence formula
'No transaction' or 'successful transaction' counterfactual (Correct answer)
Balance sheet test
Loss of chance doctrine exclusively

Correct answer: 'No transaction' or 'successful transaction' counterfactual

In solicitor's negligence cases (following SAAMCO principles) the court asks what the claimant's position would have been had the negligence not occurred — the 'no transaction' or 'successful transaction' counterfactual depending on the facts.

Question 17: When responding to a letter of claim on behalf of a defendant, what should the response include?

No response is necessary under any protocol
An acknowledgment of the letter, the defendant's version of events, which allegations are admitted or denied, and any additional points the defendant wishes to raise (Correct answer)
A counter-threat of litigation
A simple denial of all allegations without detail

Correct answer: An acknowledgment of the letter, the defendant's version of events, which allegations are admitted or denied, and any additional points the defendant wishes to raise

A proper response to a letter of claim should acknowledge receipt, set out the defendant's account of events, clearly state which allegations are admitted, denied, or neither admitted nor denied, and raise any additional points. This complies with pre-action protocol requirements.

Question 18: In a long residential lease, the 'covenant for quiet enjoyment' means:

The landlord covenants not to disturb the tenant's lawful possession of the property (Correct answer)
The landlord promises no noise nuisance from neighbours
The tenant must not cause a nuisance
The lease cannot be altered without the tenant's consent

Correct answer: The landlord covenants not to disturb the tenant's lawful possession of the property

The covenant for quiet enjoyment is the landlord's implied (and often express) promise not to interfere with the tenant's possession and enjoyment of the property during the term.

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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