SQE1 Revision 1-39

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FINAL REVISION
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SQE prep
SQE FINAL REVISION

This book includes a list of the most important rules for you to remember for
your upcoming exam. It generally follows the order in which these rules were
discussed in the full study guide and lecture, so if you want to know more about
any particular rule, you can find a fuller discussion there.
TABLE OF CONTENTS
FUNCTIONING LEGAL KNOWLEDGE ASSESSMENT 1 SUBJECTS
LEGAL SYSTEM OF ENGLAND AND WALES ..................................................................3
CONSTITUTIONAL AND ADMINISTRATIVE LAW AND EU LAW ............................ 11
ETHICS AND PROFESSIONAL CONDUCT................................................................... 35
LEGAL SERVICES ................................................................................................................ 49
CONTRACT ...........................................................................................................................59
TORT ....................................................................................................................................... 83
DISPUTE RESOLUTION ....................................................................................................103
BUSINESS LAW AND PRACTICE ................................................................................... 151
*For Tax Law, see below
FUNCTIONING LEGAL KNOWLEDGE ASSESSMENT 2 SUBJECTS

LAND LAW ...........................................................................................................................187
PROPERTY PRACTICE ..................................................................................................... 211
SOLICITORS’ ACCOUNTS .............................................................................................. 237
WILLS AND THE ADMINISTRATION OF ESTATES.................................................... 245
TRUSTS ................................................................................................................................ 267
CRIMINAL LAW.................................................................................................................. 291
TAX LAW ..............................................................................................................................307
CRIMINAL PRACTICE.......................................................................................................337
*All of Ethics and Professional Conduct is discussed under FLK1
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be reproduced or transmitted in any form or by any means, electronic or mechanical,
including photocopy, recording, or any information storage and retrieval system, without
permission in writing from the publisher. Printed in the United States of America.
FINAL REVISION
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FUNCTIONING
LEGAL KNOWLEDGE
ASSESSMENT 1 SUBJECTS
LEGAL
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LEGAL SYSTEM OF ENGLAND AND WALES
1. COMMON LAW SYSTEM OF ENGLAND AND WALES

1. The legal system of England and Wales is a common law system. In such a system,
decisions are made by referring to statutes, regulations, and judgments from prior
cases.
2. In the legal system of England and Wales, judges serve as umpires between the
parties and decide the disputes. They are not inquisitors and so do not question the
witnesses. That is the role of counsel.
3. You must be able to identify the parts of an Act of Parliament by name. Note the
examples:
h Preamble: BE IT ENACTED by the Queen’s most Excellent Majesty, by and with
the advice of the Lords Spiritual and Temporal, and Commons, in this Present
Parliament Assembled, and by the Authority of the same, as follows:
h Extent Provision: The following provisions of this Act extend to England and
Wales, Scotland, and Northern Ireland— (a) sections 1 to 4; (b) section 12; (c) sec-
tions 38 to 42 . . .
h Short title: Offensive Weapons Act 2019
h Enabling Provision: The following provisions come into force on such day as the
Secretary of State may by regulations appoint.
4. Primary legislation is passed directly by Parliament, whereas secondary and
tertiary legislation are not. Secondary and tertiary legislation is made under the
authorisation of Parliament. Secondary legislation is also called statutory instruments.
5. Conventions are generally unwritten rules regarding how things are done. They are
given great weight in court.
6. In the UK, only the Executive Branch can exercise the prerogative power to enter a
bilateral treaty.
2. STATUTORY INTERPRETATION
1. Under the doctrine of parliamentary sovereignty (supremacy), the Supreme Court
does not have the power to amend an Act of Parliament or find an act invalid.
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2. You must be able to match the names of the various rules of statutory
interpretation with their description and/or examples:
h The Literal Rule: The court applies the ordinary meaning of words to a statute
EXAMPLE
A man voted using his deceased brother’s name. He was discovered and
charged with the offence of impersonating a person entitled to vote. The judge
found the man not guilty because a dead person is not entitled to vote.
Exam Tip
If the words in the statute are clear, they must be applied in the way they are
written, even though the intention of the legislator may have differed from the
literal meaning or the judgment is harsh or undesirable.
h The Golden Rule: The court uses something other than a word’s ordinary
meaning to avoid an absurd result
EXAMPLE
A statute makes it an offence to be in the vicinity of a commercial airport hangar
without prior authorisation. A woman is found in a commercial hangar, but the
judge nevertheless finds the woman guilty of the offence.
h The Mischief Rule: The court looks to the problem the statute was designed to
remedy
EXAMPLE
A law prohibits a person from selling illegal drugs in the street or any public
place. A woman was arrested for selling illegal drugs in her home. The judge
interpreted the statute as including selling illegal drugs from a private home.
h The Purposive Approach: The court looks at documents extraneous to the stat-
ute (such as the content of debates) to determine why the statute was passed.
EXAMPLE
A judge considers the Hansard when interpreting a statute.
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Exam Tip
Although the Purposive Approach is the approach commonly used today, the
SQE specifications make clear that all of the approaches we discuss here will be
tested.
3. You also will need to be able to recognise each rule of statutory interpretation and
examples of their application:
h Ejusdem generis: Ambiguous general words in a statutory section which follow
specific words should be interpreted as referring to things of the same type as
the specific words
EXAMPLE
A statute prohibits the possession of firearms, explosives, cudgels, knives, or
any other type of offensive weapon within a cinema. A man became angry with
a person who was talking during a movie and stabbed the person with a pen.
The man was charged with battery and possession of a dangerous weapon
under the statute. The man was acquitted of the weapons charge.
h Noscitur a sociis: Ambiguous words in a statutory section should be interpreted

in the context of the statutory section (that is, words should be interpreted by
the company they keep
EXAMPLE
A statute provides that all houses that are kept open for public refreshment,
resort, and entertainment must have a license. The owner of a café that only
served food was fined for not having a license under the statute. The owner
argued that she did not need a license because she did not provide entertain-
ment. The judge upheld the fine, ruling that the word entertainment did not
mean musical entertainment but rather the reception and accommodation of
people.
h Expressio unius est exclusio alterius: If a statutory section lists specific items of
a class without a general catch-all, other items of the same class are impliedly
excluded
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EXAMPLE
A statute provides that places of public entertainment that sell food must be
licensed to do so. However, the statute exempts cinemas that sell popcorn, ice
cream, and/or sweets. The owner of a cinema that sells sandwiches and chips
in addition to popcorn, ice cream, and sweets was fined for not having a license.
The owner defends, claiming to be exempt under the statute. The judge up-
holds the fine.
h In Pari Materia: Ambiguous words in a statutory section should be interpreted

consistently with the same words in statutes touching on the same matter
EXAMPLE
A food safety statute provides that ‘places of public refreshment’ must be
licensed if they sell food. The statute does not define ‘places of public refresh-
ment’. The owner of a cinema that sells popcorn, ice cream, and sweets was
fined under the statute for not having a license. The owner defended, arguing
a cinema is not a ‘place of public refreshment’. Using the definition of ‘places of
public refreshment’ from a statute regulating places of entertainment, the judge
upheld the fine.
3. COURT STRUCTURE, HIERARCHY, AND RIGHTS OF

AUDIENCE
1. Monetary limitations for cases allocated to the various tracks in County Court:
h Small Claims: £10,000 (£1,000 for personal injury cases)
h Fast Track: £25,000 (£10,000 for personal injury cases)
h Multi-Track: £100,00 (£50,000 for personal injury cases)
2. The general monetary floor for civil cases to be brought in the High Court is
£50,000.
3. The High Court comprises three main divisions:
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h Queen’s Bench: Deals with Multi-Track claims for all common civil law actions.
Also includes the Administrative Court, which deals with applications for judicial
review.
h Chancery: Deals with claims involving land contracts, trusts, and wills.
h Family: Deals with cases concerning family proceedings, such as adoption and
complex divorces.
4. Basic characteristics of each form of alternative dispute resolution:
h Mediation: The parties appoint a neutral third party to guide them through dis-
cussions and aid them in arriving at a solution for themselves.
h Arbitration: The parties appoint a neutral third party who discusses the case indi-
vidually with each party and then issues a final order deciding the case.
h Negotiated settlement: The parties meet on their own to settle their dispute.
5. Courts in which the various criminal offence cases are heard:
h Summary only offences: Magistrates’ Court
h Either way offences: Magistrates’ Court or Crown Court
h Indictable only offences: Crown Court
6. Maximum sentence a Magistrates’ Court may impose for a single offence: six
months (12 months for multiple offences).
7. Remember that solicitors can represent clients in County Court (even newly qualified
solicitors), but a solicitor cannot represent a defendant in Crown Court or in High
Court unless the solicitor completed additional advocacy assessments and was
granted higher rights of audience.
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4. APPEALS
1. Where civil appeals go:
FROM TO
District Judge (County Ct) Circuit Judge (County Ct)
Circuit Judge
⇒ (County Ct) High Court Judge (High Ct)
Masters (High Ct) High Court Judge (High Ct)
High Court Judge (High Ct) Lord Justice of Appeal (Ct of App)
Lord Justice of Appeal Justice of Supreme Court (S Ct)

(Ct of App)
2. You must also remember that permission to appeal must be sought from the court
that made the initial judgment. If the court refuses to grant permission to appeal, an
application can be made to the court to which the case will be appealed. An appeal will
be granted only if:
h The claim looks to have a real prospect of success or
h There is another pressing reason to hear the case
3. You also need to remember where criminal appeals go:
h From Magistrates’ Court:
Defendant has a right to appeal from Magistrates’ Court to Crown Court
Can appeal conviction and sentence, but only sentence if pleaded guilty
The appeal results in a full re-hearing of the case
Prosecution and defendant can appeal to the High Court on ground the deci-
sion was wrong in law or in excess of Magistrates’ Court jurisdiction (ultra vires)
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Application must be made in writing within 21 days of decision being ap-

pealed
Only legal arguments can be made; there is no rehearing of evidence
h From Crown Court:
Defendant may appeal from Crown Court to the Court of Appeal against
conviction or sentence
Defendant must seek leave to appeal from trial court or from Court of Appeal
If permission sought from Court of Appeal, application must be lodged with-
in 28 days of decision being appealed
Only ground for appeal against conviction is conviction was ‘unsafe’ (evi-
dence was wrongly admitted or excluded, directions were wrong, judge was
biased, and so on)
Appeal of sentence can be based on: wrong in law, wrong in principle, or
manifestly excessive
Prosecution can appeal rulings made by the judge during trial but may not
appeal jury decision to acquit
h From Court of Appeal:
Court of Appeal decisions can be appealed to Supreme Court if:
9 Court of Appeal or Supreme Court grant leave and
9 Court of Appeal certifies that a point of law of general public importance is
involved
5. SYSTEM OF PRECEDENT
1. Stare decisis means let prior decisions stand.
2. Precedent (the binding effect of prior decisions) works from the top down (higher
court decisions bind lower courts). This is described as vertical binding effect or
vertical privity.
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3. There also is some horizontal privity as well (horizontal binding effect):

h Civil Court of Appeal decisions are generally binding in future Court of Appeal
cases
h Criminal Court of Appeal decisions are generally binding in future Court of
Appeal cases, but the court has discretion to depart if it is convinced the earlier
decision was wrong
h High Court decisions are generally binding in future High Court cases if the court
was acting as an appellate court but not if it was acting as a trial court
4. Crucially, the Supreme Court is not bound by its prior decisions.
5. A case is binding precedent only if similar facts and similar laws were involved.
6. The meaning of the obiter dicta and ratio decidendi:
h Obiter dicta is a court statement regarding a matter not necessary to the court’s
decision and so the statement does not create binding precedent (although it
may be used as persuasive authority)
h Ratio decidendi refers to the parts of a court decision that are essential to the
court’s judgment, which does create binding precedent
7. Finally, you should remember that only statements from a majority or unanimous
decision can form binding precedent; minority and dissenting opinions may only be
persuasive.
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CONSTITUTIONAL AND ADMINISTRATIVE LAW AND EU LAW
1. THE UK’S UNCODIFIED CONSTITUTION

1. The UK has an uncodified constitution, meaning that there is not a single, written
source of constitutional rules in the UK.
2. The UK’s constitution outlines the powers of the branches of government and
regulates the relationship between the state, its institutions, and individual citizens.
2. FEATURES OF UK CONSTITUTION
1. The UK’s constitution includes: Acts of Parliament, common law, and conventions.
2. The principle of the rule of law informs the UK constitution and includes the
following corollaries:
h Law should be applied fairly
h Government should act in accordance with law
h Laws should not have retroactive effect
3. The UK constitution is not entrenched, meaning it does not have higher status than
other law.
4. The highest source of law in the UK are Acts of Parliament; Acts of Parliament can
change the constitution (this is known as Parliamentary Sovereignty or Parliamentary
Supremacy).
5. UK courts have no power to strike down Acts of Parliament; however, they can
interpret laws.
h If Parliament does not agree with a court’s interpretation, it can pass an amend-
ment to make the law clearer
6. The Royal Prerogative refers to a collection of powers under the common law
recognised as belonging to the Crown (though many such powers are now exercised
by Government or have been abolished by Parliament).
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7. The Ram Doctrine provides that government shall have the power to carry on
ordinary business even if the power is not explicitly set out by statute or royal
prerogative.
8. Constitutional conventions (unwritten rules regarding how people should act in
certain circumstances) that might come into play on the exam:
h The Monarch will always give the Royal Assent to a bill passed by Parliament
h The Monarch will always act on the advice of the Prime Minister
h Government ministers can be appointed only from among the members of Parlia-
ment
h Government ministers must take responsibility (which may include resignation)
for policy failures
h The government is accountable to Parliament by government ministers appear-
ing in Parliament to answer questions and take part in debates
9. Devolution: The UK includes four nations, and Parliament may legislate for all.
However, Acts of Parliament have given Northern Ireland, Scotland, and Wales power
to have legislatures and governments to develop their own laws.
h Because the extent of devolution to each nation is not equal, it is often described
as ‘asymmetric’ devolution
10. Under the UK parliamentary system, leadership of the executive branch is
appointed from the members of Parliament rather than being elected separately from
the legislature.
3. CONSTITUTIONAL PRINCIPLES
1. Under the doctrine of parliamentary sovereignty:
h Parliament has the right to make or unmake any law whatsoever
h No person or body is recognised as having the right to override or set aside an
Act of Parliament, and
h No Parliament can bind its successors
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Exam Tip
It is important to remember that because Acts of Parliament are supreme, a
court has no power to strike down an Act of Parliament. Be wary of any answer
choice on the SQE that suggests otherwise—it’s wrong because of the doctrine
of parliamentary supremacy or parliamentary sovereignty.
2. The Enrolled Bill Rule is a corollary to the doctrine of Parliamentary Sovereignty and
provides that the courts will not question the validity of Acts of Parliament and must
give effect to them.
3. The concept of fundamental rights is that certain rights exist in order to give effect
to the rule of law (for example, that laws should not be applied retroactively and that
laws should be applied fairly).
h Only Parliament can interfere with these fundamental rights through an Act of
Parliament expressly stating that these fundamental rights are to be breached
h Otherwise, the courts will interpret legislation in a manner which complies with
the rule of law and fundamental common law rights
4. The Human Rights Act 1998 requires legislation to be interpreted in a way which
respects the human rights protected by the Act.
h If this is not possible, then the courts may make a ‘declaration of incompatibility’
h The declaration cannot make a law invalid but merely signals to Parliament that
they should consider amending the law
5. Actions and decisions of public authorities can be reviewed by courts under the
doctrine of judicial review.
h This is a review of whether the decision was made within the law and is not a
review of the soundness of the decision
4. PARLIAMENT
1. The role of Speaker of the House of Commons is to maintain order during debates.
h The speaker is chosen by all MPs and is expected to be impartial
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2. The House of Lords is unelected, but members of the House of Commons are
elected for five years unless a motion of no confidence is passed earlier or at least
66% of the MPs vote in favour of an early general election.
h MPs must be at least 18 years of age and cannot be members of the House of
Lords
h Neither can they be members of the Judiciary, civil servants, members of the
armed forces, or of a police force
3. The House of Lords includes:
h A limited number (92) hereditary peers (that is, persons at the rank of Duke, Earl,
Viscount, or Baron)
h Life peers appointed by the Monarch on the advice of the Prime Minister, and
h Lords Spiritual (the 26 most senior bishops of the Church of England)
4. Each session of Parliament (generally a period of 12 months) begins with the
Queen’s Speech, in which the Queen reads out a speech prepared by the government
outlining the government’s legislative proposals for the following session.
h Generally, to become law a bill must pass through (be approved by) the House of
Commons, then pass through the House of Lords, and then receive Royal Assent
before the end of the session in which the bill was introduced.
5. The steps of passing a bill are as follows:
h First reading: Formal introduction of the bill into the Chamber and government
explains its intentions
h Second reading: Principles of bill are debated
h Committee stage: Committee (usually made of 16 to 30 members of the house)
scrutinises bill line-by-line; can receive evidence and make amendments
h Report stage: The bill is reconsidered by whole house in light of committee
amendments
h Third reading: Bill’s final review before being sent to other house
h Bill goes through same process in other chamber
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h Amendment ‘Ping Pong’: Any amendments made by other chamber must be

sent back to first chamber for approval
h Royal Assent: Once the bill has been approved by the House of Commons and
the House of Lords, it must receive Royal Assent (automatically granted by con-
vention) to become law
6. Under the Salisbury Convention, if a government bill is implementing a commitment
that the party elected into government made in their manifesto, then the House of
Lords will grant a second reading to the bill as a matter of course.
7. Under the Suspensory Veto Under Parliament Acts 1911-1949, if the House of
Lords blocks legislation already passed in the Commons, and the bill is passed the
next year by the Commons again, and the House of Lords then vote to block it again,
it will nonetheless be sent for Royal Assent (effectively suspending the House of
Lords’ veto).
8. Commencement: Bills usually include a commencement date later than when the
bill receives Royal Assent so that the government has time to make commencement
orders and regulations to bring the law into effect.
h Parts of laws may have different commencement dates
h Laws remain in effect until repealed unless they include a sunset provision which
provides an expiration date for the law
9. Secondary legislation is legislation made by the government under the authority
granted to it under an Act of Parliament (such as the commencement orders and
regulations mentioned above needed to implement the Act).
h Under the Negative Resolution Procedure for enacting secondary legislation,
a draft of the secondary legislation is laid in both Houses, and it will take effect
unless either House rejects the legislation within 40 days
h Under the Affirmative Resolution Procedure for enacting secondary legislation,
a draft of the secondary legislation is laid in both Houses, and it will take effect
only if both houses vote in favour
h Regardless of the procedure, amendments cannot be made to the draft second-
ary legislation by either House
h Because secondary legislation is made by the government and not Parliament,
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it can be struck down by courts (for example, because it does not comport with
the rule of law)
10. Parliamentary privilege applies to all members of parliament and provides that no
member of Parliament can be challenged in court for anything said in Parliament.
h As a corollary, the sub judicie rule (a convention) prohibits MPs and peers from
referring to cases which are currently before the courts during debates
h Parliamentary privilege does not prevent the courts from referring to the official
record of debates in Parliament to help interpret legislation as intended by Parlia-
ment
5. MONARCH, CROWN, AND ROYAL PREROGATIVE

1. The modern concept of ‘the Crown’ includes not only the Monarch, but also the
ministers who form Her Majesty’s Government, the Privy Council, the secretaries of
state, and civil servants.
2. Parliament has the power to abolish the royal prerogative powers, and no new
prerogative powers can be created.
h If Parliament replaces a prerogative power, the prerogative power is abolished
and only the statutory power will exist
h If a statute overlaps with a prerogative power, the statutory power takes prece-
dence
h The Crown cannot use a prerogative power to thwart the intention of Parlia-
ment
EXAMPLE
Government cannot choose to never implement an Act of Parliament and in-
stead rely on an existing prerogative power.
h Prerogative power cannot be used to change UK law or the sources of UK law

(for example, the prerogative power to enter treaties cannot be used to enter a
treaty that goes against UK law)
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3. Statutes do not bind the Crown unless the statute expressly says it does or if it
obviously binds the Crown by implication (for example, the Ministry of Defence was not
bound by a statute to require permission from local authorities to close a road).
4. Types of prerogative powers which exist today:
h Ministerial prerogative powers: Powers that are exercised by ministers on be-
half of the Crown, such as the power to grant passports or pardons, to acquire or
cede territory, to deploy troops, or to negotiate and ratify treaties
Note that since 2003, the government has sought the support of the House
of Commons before deploying troops, despite its prerogative power
h Personal prerogative powers: Powers that are personally exercised by the
Monarch, such as the power to appoint the Prime Minister, to dismiss the govern-
ment, or to grant the Royal Assent
h Miscellaneous prerogative powers, such as the right to mine precious minerals,
to construct harbours, to mint coins, and (perhaps most importantly ) the right
of the Crown to claim ownership over any sturgeon, dolphin, whales, and swans
over parts of the River Thames
h Legislative prerogative powers, such as the passage of Orders in Council (a
type of secondary legislation) by the Privy Council
h Judicial prerogative powers, such as appeals from Commonwealth nations to
the Judicial Committee of the Privy Council
Exam Tip
It is important to remember that the royal prerogative is a source of government
power recognised at common law by the courts. In addition, the exam may test
the scope and the types of powers that form the royal prerogative.
5. Although ratification of a treaty is within the Crown’s prerogative powers, by Act

of Parliament, a draft of the treaty must be laid before both Houses of Parliament and
government must give both Houses 21 days to vote against ratification.
h If either House votes against ratification, government can explain why they want
to ratify, and the House of Commons then has 21 days to reject the treaty
h In ‘exceptional circumstances’ (not defined by statute), the government can by-
pass the requirement of laying the treaty before Parliament
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6. The Cardinal Convention limits the Monarch’s prerogative power to appoint

ministers by requiring the Monarch to always act on the advice of ministers and in
particular the Prime Minister.
h If the Monarch disagrees with the advice of the Prime Minister on a matter, she
has a right to encourage and warn, but she must do so privately and must public-
ly support the Prime Minister’s decision
7. Although the Monarch has the prerogative power to appoint government ministers,
including the Prime Minister, by constitutional convention, the Monarch will appoint
the leader of the party with the majority of seats in the House of Commons.
h After a general election, if a different party gains a majority of seats in Commons,
the Prime Minister is expected to resign, and the new majority party will select a
leader to be appointed Prime Minister
h The Prime Ministers remain in office until they have lost the confidence of the
members of the Commons
6. CENTRAL GOVERNMENT AND ACCOUNTABILITY

1. The Prime Minister (also known as the First Lord of the Treasury) leads central
government supported by a Cabinet including the most senior ministers.
h The Prime Minister forms the government by recommending to the Monarch
appointment of the ministers to lead the departments that make up the central
government
h Most senior ministers are Secretaries of State, who form the Cabinet
h The senior ministers will appoint junior ministers who will lead divisions of each
department
h Civil servants staff the departments
h By convention, ministers must have a seat in the House of Commons or the
House of Lords
If a minister is appointed who is not a member of either house, they can be
appointed a life peer of the House of Lords
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2. The Prime Minister has the power to change the organisation of government by
abolishing, merging, and/or creating new departments.
h The Prime Minister meets weekly with the Monarch
h The Prime Minister is also responsible for national security and intelligence mat-
ters and is responsible for deploying troops
3. The Cabinet make decisions of the government collectively
h Subcommittees sit beneath the main cabinet.
They are established by the Prime Minister and the Prime Minister determines
their membership
Decisions of a subcommittee have the same authority as a Cabinet decision
4. Acts of Parliament usually grant power to a Secretary of State to administer
legislative schemes, but under the Carltona Doctrine civil servants within the relevant
Secretary of State’s department can exercise the power granted to the Secretary of
State.
5. The Privy Council advises the Monarch on how to exercise the Royal Prerogative
and issue instruments known as Orders of Council.
h Orders of Council can be primary legislation (if made pursuant to the Royal Pre-
rogative) or secondary legislation (if made pursuant to Acts of Parliament)
h Prerogative orders in council are limited to issues such as approving the text
of Royal Charters which create new public institutions, such as universities and
learned societies
h Appointments are made by the Monarch on advice of the Prime Minister and are
for life
h Meetings of the Privy Council are secret
h The Judicial Committee of the Privy Council exercises the Royal Prerogative
power to hear appeals, but only from independent Commonwealth nations and
the British Overseas Territories (nations such as the Bahamas and Jamaica that
used to be part of the British Empire and that are too small to have an appeal
court of their own)
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Justices of the Supreme Court are appointed to this committee
Exam Tip
The Privy Council plays a minor role in government these days, but it sounds
very important. Therefore, it might be used as a distractor; that is, a wrong an-
swer choice that will look appealing on the exam. Note well the functions listed
above and don’t be fooled into thinking it is more important than it really is.
6. Collective responsibility goes to the ministers’ duties with respect to making

government decisions. It has two aspects:
h Confidentiality: Discussions within government regarding policy must be confi-
dential – ministers’ positions expressed privately in Cabinet, committees, or the
like
h Unanimity: Once a decision is reached by government, all ministers must either
publicly support the decision or resign
7. Ministers are individually responsible for their own actions and must take
responsibility and account for the operation and conduct of their government
department.
h They must account to Parliament (report on actions of their department and re-
spond to criticism)
h They must not mislead Parliament
h They should personally take blame for failures of their department
For policy failures (such as implementation of departmental policies that do
not work well), responsibility may include resignation
For operational failures (such as failure of a civil servant to follow procedure),
ministers should give account and take steps to ensure they don’t recur
h Ministers are also expected to behave appropriately in their private life as well
and are expected to resign when they do not (or they can be removed by the
Prime Minister)
8. During the Prime Minister’s Question Time members of Parliament from all political
parties can ask questions about the overall conduct of the government.
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9. Each day, MPs may pose questions to ministers from government departments on a
rotating basis.
h Questions can also be asked in writing, in which case the department has seven
days to answer
h Questions cannot relate to local authorities, the Monarch, the affairs of other
countries (including matters devolved to Northern Ireland, Scotland, and Wales),
or cases being heard in court
7. DEVOLUTION
1. By an Act of Parliament, the Scottish Parliament, Scottish Government, Welsh
Parliament, and Welsh Government have devolved legislative power over certain
subject areas.
2. The Act makes the above institutions ‘permanent’ parts of the UK’s constitution, and
they cannot be abolished unless the people of Scotland or Wales vote in favour of their
abolition at a referendum.
h The declaration of permanency runs afoul of the Doctrine of Parliamentary Sover-
eignty
h Nonetheless, unless Parliament acts to change this, we will presume that abolish-
ment of any of these institutions would require approval by a referendum of the
people of the affected nation and an Act of Parliament
Exam Tip
The permanency of Scottish and Welsh devolution raises profound questions of
parliamentary sovereignty, as the legislation appears to bind future Parliaments,
which is usually thought to be impossible. Since there is no clear-cut answer
to whether Parliament can repeal Welsh (or Scottish) devolution, you cannot
be asked about it on the exam. However, you could be asked what is required
under the devolution statute: the vote of Parliament and a referendum from
the Welsh (or Scottish) people. Any choice involving any two other entities (for
example, the vote of Parliament and the Supreme Court, or the decision of the
Monarch and Parliament) would not be correct.
21
purpose.
SQE prep
3. Northern Ireland also has a government devolved from the UK government, but it
was established by treaty (the 1998 Good Friday Agreement).
h The Agreement allowed Northern Ireland to establish the Northern Ireland As-
sembly and Northern Ireland Executive
h The Agreement allows the people of Northern Ireland to leave the UK to join the
Republic of Ireland by referendum (that is, an Act of Parliament is not needed)
4. Under the Sewel Convention, if the UK Parliament is going to legislate on a matter
devolved to Scotland, Wales, and/or Northern Ireland, the consent of the affected
institutions is normally required via a ‘legislative consent motion’.
h Of course, even if consent is not given, Parliament would still have the power to
adopt the legislation
5. Legislation passed by the devolved legislatures is subject to review in court.
h If a court of one of the evolved nations believes the nation’s legislature and/or
executive exceeded their authority (that is, legislated beyond their power), they
can refer the matter to the UK Supreme Court
h The legislature for each nation may also refer a bill to the UK Supreme Court for
a determination of whether the bill is within its power – before the bill is submit-
ted for the Royal Assent
Exam Tip
Although it might seem mundane, note well who may refer a devolved gov-
ernment bill to the UK Supreme Court. Sometimes simple matters as these are
tested on exams.
8. JUDICIAL REVIEW
1. Judicial review is a judicial process which allows courts to scrutinise actions of the
executive.
h Under judicial review, courts do not scrutinise the merits of the executive agen-
cy’s decision or resolve factual disputes, but rather look to see whether the pro-
cess used to make the decision was within the law
22
SQE prep
2. Judicial review is available only against decisions made by ‘public bodies’.

h Decisions of private businesses, private associations, and charities cannot be
subjected to judicial review
Exam Tip
On the exam, be mindful of the rule that judicial review is available only against
governmental bodies. If a person seeks judicial review of an action by, for exam-
ple, his private employer, judicial review is not available, and any answer choice
that suggests that it is available is incorrect.
3. If the person seeking judicial review has a contract with the public authority whose
decision is being questioned, private (contract) law will govern, and judicial review is
not available.
4. Judicial review has two stages: the permission stage and the full hearing stage.
h An application for judicial review will be denied if ruling in the applicant’s favour
would not substantially change the applicant’s outcome
EXAMPLE
An applicant who was improperly denied the right to be notified and comment
on agency action would likely be denied judicial review if others were informed
and raised concerns similar to those of the applicant.
5. Applications for judicial review must be brought promptly but not later than three
months after the issue arose.
h If judicial review of a (land use) planning decision is sought, it must be brought
within six weeks from the date of the decision
6. Review of public law issues can be sought only through judicial review (and not
through a public law challenge).
h Exception: If the issues are mixed, the public law issue can be reviewed in a pri-
vate law proceeding
7. An applicant for judicial rule must have standing (a sufficient interest, such as some
wrong or harm suffered personally by them).
h Standing is reviewed during the permission stage
23
purpose.
SQE prep
h Groups usually do not have standing, but if there is an association or group that:
is responsible,
is well resourced, and
has expertise, and
there is unlikely to be an alternative claimant,
a court will likely find a sufficient interest.
Exam Tip
Remember that the test for standing under the Human Rights Act is different –
the victim test, which is more limited.
8. There are four grounds for judicial review:

h Illegality: A claim of illegality may be based on an assertion that the public au-
thority:
Acted ultra vires (that is, beyond the scope of the powers delegated to it)
Failed to comply with a specific legal duty, such as the public sector duty
to take into account equality considerations, meaning they must show due
regard for (that is, actually consider):
9 Eliminating discrimination
9 Advancing equality and
9 Removing or minimising disadvantages suffered by those who share a
protected characteristic (such as age, disability, gender reassignment,
pregnancy, race, religion, sex, and sexual orientation)
Unlawfully delegated their power to another
Took into account irrelevant considerations (they can consider factors rele-
vant to the power granted) or
Acted under an error of law:
9 Note that if the statute delegating power to the public authority includes
an ouster clause (a clause stating that decisions of the authority pursuant
24
SQE prep
to the statute cannot be challenged), the courts will construe this narrowly
to mean that only ‘legal’ decisions cannot be challenged, so that they can
still review decisions to see if there was any illegality
Exam Tip
Remember to be wary of ouster clauses on your exam. If you see one, don’t
automatically take the bait and choose an answer that says the decision cannot
be challenged in court because of parliamentary sovereignty. Instead, look for
a choice that conveys the idea that the courts can hear the case to determine
whether the action was legal.
h Procedural impropriety is a ground for judicial review which focuses on whether

the decisionmaker complied with the procedures outlined in the statute delegat-
ing the power. A decision can be found invalid for:
Failure to follow mandatory requirements (‘must’ or ‘shall’ requirements); but
failure to follow directory requirements will not necessarily invalidate the deci-
sion
Failure of the common law/natural justice right to be heard (for example,
when some right is to be taken away removed from a person, they must be
given the opportunity to hear the case against them and to respond)
Failure of the common law/natural justice right to an unbiased decisionmaker.
9 A decisionmaker will be deemed biased (automatically disqualified) if
they have a financial interest in the subject matter or a non-financial inter-
est which is closely connected to issues raised by the decision in question
9 A decisionmaker may be found to have apparent bias (and be disquali-
fied) if a fair-minded and informed observer, informed of the facts, would
conclude that there was a real possibility of bias
Failure of the duty to consult (that is, the right of those who may be affected
by the decision to comment on what the public authority proposes to do) that
arises only when:
9 There is a statutory duty to consult
9 There has been a promise to consult
9 There is an established practice to consult or
25
purpose.
SQE prep
9 If failure to consult would lead to conspicuous unfairness.

Failure of the duty to give reasons that arises only when:
9 The subject matter or interest is important (for example, involving personal
liberty) or
9 The decision appears to be aberrant
h Failure to meet legitimate expectations can also be a ground for invalidating the
acts of a public authority under judicial review. This can be due to either (1) an
explicit promise or assurance; or (2) previous action by the public authority
h Failure to make a reasonable/rational decision (that is, decisions which are out-
rageous or absurd) may be found invalid under judicial review
The test: The decision must be so outrageous in its defiance of logic or of
accepted moral standards that no sensible person who applied their mind to
the question could have arrived at it
Exam Tip
Remember that a different test is used for cases under the Human Rights Act:
proportionality.
9. If a court finds a ground for judicial review has been proved after a full hearing, it has
several remedy options (which may be combined):
h Quashing Order: This renders the original decision void. The position is now as if
the decision were never made, and a new decision will be required
h Mandatory Order: This orders the defendant to act in a particular manner
h Prohibiting Order: This orders the defendant not to act in a particular manner
h Injunction: This is an order preventing a party from acting in a certain manner or
requiring that a party acts according to the instructions of the court
h Declaration: This declares that the decision or action complained of was unlaw-
ful
10. Remedies are discretionary – a court is not required to grant a remedy if it finds a
failure (for example, when parties have already relied on the decision or it will not make
a practical difference).
26
SQE prep
11. If a decision is quashed and the public authority rehears the issue in compliance
with its duties, it can still come to the same decision.
9. HUMAN RIGHTS ACT 1998

1. The Human Rights Act 1998 (‘HRA’) incorporates the European Convention on
Human Rights (‘ECHR’) so that the ECHR can be invoked in the UK courts.
2. There are three types of rights under ECHR:
h Absolute rights (for example, the right to life and the prohibition of torture),
which cannot be limited under any circumstances
h Limited rights (such as the right to liberty and the right to a fair trial) which can
be limited only as provided in the article itself, and
h Qualified rights (such as the right to privacy; the freedoms of thought, religion,
expression, assembly, and marriage; and the prohibition against discrimination),
which can be limited to achieve a legitimate interest
3. The proportionality test is used when deciding whether action of a public authority
that restricts a qualified right is justified:
h The restriction must be designed to meet a legitimate aim sufficiently important
to justify interfering with a fundamental right
h The restriction must be rationally connected to achieving its aim, and
h The restriction must interfere with the right no more than is necessary to achieve
its aim (that is, no less onerous means of achieving the aim are available)
4. Judicial deference is the concept that the more politically controversial the issue,
the more likely that the courts, when applying the proportionality test, will defer to the
government and Parliament.
5. If the actions of a UK public authority are challenged before European Court of
Human Rights (ECtHR), the public authority might argue they are entitled to a margin of
appreciation (similar to judicial deference):
h The ECtHR will likely apply a narrow margin of appreciation when there is a con-
sensus among the member states on the issue, and a broader margin of appreci-
ation when there is a lack of consensus
27
purpose.
SQE prep
6. In certain circumstances, the ECtHR will allow states to derogate (that is, deviate
from) the rights provided by the ECHR.
h Derogation is not allowed with respect to the ECHR’s prohibitions of torture, slav-
ery, and retrospective criminal offences
h Otherwise, derogation is allowed to the extent it is necessary in the event of war
or other public emergencies threatening the nation
7. Under the Human Rights Act 1998, when UK courts are dealing with a case that
involves a right under the European Convention on Human Rights, the UK courts
are expected to follow the interpretation of the ECtHR when there is a clear line of
authority.
8. Under the Human Rights Act 1998, the UK courts are required to interpret
legislation in a way that is compatible with the European Convention on Human
Rights, to the extent that is possible.
9. If a UK court determines that it cannot interpret an Act of Parliament in a way that
makes it compatible with the European Convention on Human Rights, it will issue a
declaration of incompatibility.
h The declaration has no effect other than to alert Parliament of the incompatibility
issue
h Fast-track remedial order procedures are available to address laws declared
incompatible:
Non-urgent procedure: Amendments to the law are presented to and ap-
proved by both houses of Parliament; they can become law 60 days thereafter
If the matter is declared urgent (usually by a government minister), the
amendments become effective immediately but must be laid before both
houses of Parliament and will cease to be effective unless both houses ap-
prove the remedial order within 120 days
10. Under section 6 of the HRA, if a person believes a public authority has acted in a
way that is incompatible with an ECHR right, they can seek judicial review of the action
claiming that it breaches human rights.
h For the purposes of this section, a public authority includes a court or tribunal or
any person whose functions are of a public nature
28
SQE prep
h However, members of the House of Commons and the House of Lords are ex-
cluded
h Only a person who is the victim of the alleged unlawful action can bring a claim;
the victim may not ask someone else to bring the claim in their stead
h Such a claim under the HRA may be brought up to one year after the complained
of action (as compared to the shorter three-month judicial review claim)
h Remedies for violation of section 6 are discretionary
11. The UK’s Equality Act 2010 provides statutory protection against discrimination in
addition to the ECHR’s prohibition of discrimination.
h The Equality Act 2010 protects against discrimination based on:
Sex, sexual orientation, or gender reassignment
Race
Disability or age
Religion or belief
Marital or partnership status and
Pregnancy or maternity
h Claims for violations of the ECHR’s freedom from discrimination under the HRA
can be brought only if they are attached to the breach of another Convention
right, but claims for discrimination under the Equality Act 2010 may be freestand-
ing
h Claims of discrimination under the Equality Act may be for:
Direct discrimination (a claim that the victim was treated less favourably be-
cause of their protected status)
Indirect discrimination (a claim that a facially neutral policy, practice, or pro-
cedure affects a protected group unfavourably)
h Claims of discrimination under the Equality Act may be brought against private
employers
29
purpose.
SQE prep
10. PUBLIC ORDER LAW

1. Public Order Act 1986 gives public authorities (such as the police), the power to limit
the right to protest and the power to arrest persons who violate public order.
h The police also have the power to maintain the Queen’s Peace (that is, the power
to ensure that citizens may go about the ordinary business without undue inter-
ference from other citizens)
h These powers must be interpreted in a manner that gives effect to the ECHR and
HRA rights to freedom of expression, assembly, and association
h In other words, restrictions on these rights must be for the purpose of national
security, public safety, or the prevention of disorder or crime
2. A breach of the peace occurs:
h When a person is genuinely in fear of harm to themselves or to their property in
their presence as a result of an assault, affray, riot, or other disturbance
h When harm has actually been done to a person or to property in their presence,
or
h When harm is likely to be done to a person or to property in their presence
3. A police officer can take such steps as are reasonable to terminate a breach of the
peace or to prevent a likely one, including arresting the person or forcing entry into
private premises.
4. The Public Order Act 1986 imposes a range of conditions on public processions
(that is, public parades or marches), and in certain circumstances they can be banned
outright
h Usually, advance notice of the procession must be given to the police if the pro-
cession is intended to achieve one of the following:
To demonstrate support for, or opposition to, the views or actions of any per-
son or persons
To publicise a cause or campaign or
To mark or commemorate an event
30
SQE prep
h Usually, the notice must be:

Given at least six clear days before the proposed date of the procession (or
as soon as reasonably practicable)
Be delivered to the police station located in the area where the procession
will be held, and
Specify the day, time, route, and name and address of the person organising
the procession
Notice is not required for processions commonly held such as funeral march-
es or Remembrance Sunday parades
h The senior police officer of the area or most senior officer present at the march
can impose conditions on the march if they reasonably believe:
The procession will result in serious damage to property, or
The procession’s purpose is to intimidate others
The conditions can relate to the route or exclusion from any public place
h If the chief constable believes that no condition can be imposed to prevent seri-
ous disorder, they can apply to ban all or a specified class of processions for up
to three months
Within the City of London and Greater London, the application should be
made to the Home Secretary
Elsewhere, the application should be made to the local council
5. Public assemblies are subject to regulation similar to that for public processions.
h A public assembly is defined as an assembly of two or more persons in a public
place which is at least partially in the open air
h If the senior police officer reasonably believes the assembly will result in damage
or intimidation, they may make orders that are proportionate to the anticipated
harm
31
purpose.
SQE prep
6. Trespassory assemblies are assemblies involving 20 or more people on land to

which the public have no access or limited access, usually held without permission,
and which may result in serious disruption to the community or cause significant
damage.
h If the chief constable of the local police force believes that such an assembly is
likely to be held, they can apply to the local council to ban all such trespassory
assemblies
In the City of London and Greater London, an application has to be made to
the Home Secretary
h This covers assemblies that obstruct traffic on public highways as well as assem-
blies at sites such as Stonehenge
h The police have the power to stop anyone they reasonably believe to be on their
way to a trespassory assembly which has been banned and direct them not to
attend the assembly
11. PLACE OF EU IN UK CONSTITUTION

1. The European Union (Withdrawal) Act 2018 and the European Union (Withdrawal
Agreement) Act 2020 effectively took a snapshot of all EU law that was part of the UK
legal system at the end of the transition period and converted it to a new body of UK
law known as retained EU law.
h All pre-Brexit primary and secondary legislation implementing EU directives is
‘EU-derived domestic legislation’ and has been preserved as UK law
h EU regulations that were automatically binding on member states have been
retained as direct EU legislation
h EU law (such as treaties) that could directly be relied on in court have been pre-
served as directly effective EU law
h The UK can repeal or amend retained EU law
2. Supremacy and Retained EU Law:
h If there is a conflict between UK law enacted before the end of the transition
period and retained EU law, then the retained EU law will prevail
32
SQE prep
h However, legislation enacted after the transition period is not subject to the prin-
ciple of supremacy, which means that the UK can legislate contrary to EU law
3. Retained decisions of the CJEU are known as retained EU case law and are binding
on all domestic courts other than the Supreme Court and Court of Appeal.
h The Supreme Court and Court of Appeal can depart from retained EU case law
when it appears right to do so
h No special status is granted to retained domestic case law, which means that
other than the Supreme Court, courts are bound by decisions from courts that
are higher or equivalent to them
33
ETHICS
shared or sold AND PROFESSIONAL CONDUCT
for any purpose.
SQE prep
ETHICS AND PROFESSIONAL CONDUCT
1. THE SEVEN MANDATORY PRINCIPLES

1. A solicitor must act:
h In a way that upholds the rule of law and the proper administration of justice
h In a way that upholds public trust in the solicitors’ profession (for example, in a
way that avoids dishonesty and the commission of criminal offences in both their
professional and private life)
Exam Tip
If a solicitor is convicted of a criminal offence, this would be a breach of this Prin-
ciple as well as leading to the solicitor being struck off the roll.
h With independence (for example, a solicitor cannot put himself or herself in a

position in which decisions will be made by someone other than the solicitor or
client or in a position in which the solicitor is not free to make an independent
decision)
h With honesty (for example, a solicitor may not lie to a client, opponent, or judge)
h With integrity (for example, a solicitor may not take unfair advantage of an un-
represented opponent’s lack of legal knowledge)
Exam Tip
As the solicitor is in a position of trust, their behaviour in their personal life must
also meet the appropriate standard. This means that an act by a solicitor in their
private life (that is, not during the working day) could mean that they have failed
to act with honesty or with integrity.
h In a way which encourages equality, diversity, and inclusion (for example, a

solicitor should not avoid hiring people based on sex, race, national origin, age,
or the like)
h In the best interests of each client (for example,a solicitor may not neglect a
minor case so they can focus on more lucrative cases)
2. If two Principles come into conflict, the Principle which safeguards the wider public
interest takes precedence.
35
SQE prep
3. The SRA can consider a solicitor’s conduct that occurs outside of practice (that is,
the solicitor’s private conduct) when deciding whether to punish the solicitor.
4. If a solicitor works at a company and has breached the SRA Standards and
Regulations, it is not a defence that the company board ordered the solicitor to
undertake the conduct that forms the basis of the breach.
2. MAINTAINING TRUST AND ACTING FAIRLY

1. A solicitor is not allowed to discriminate unfairly by allowing their personal views to
affect their professional relationships.
h Therefore, a solicitor may not refuse to act on behalf of a client because the so-
licitor disagrees with the client’s views on issues not related to the client’s matter
2. Solicitors have an obligation to provide reasonable adjustments to ensure that
disabled clients and employees are not placed at a substantial disadvantage
compared to those who are not disabled.
h This duty may include things like making the premises accessible, providing
sign language interpreters, or providing special equipment (such as large screen
monitors) for employees
h A solicitor must not pass on the costs of these adjustments to others
3. A solicitor may not take unfair advantage of another party to a transaction who
is unrepresented. For example, a solicitor should not include unreasonable and
onerous clauses in an agreement which favour the solicitor’s client and assure the
unrepresented party that these are standard terms.
4. A solicitor may not mislead another party or the court. Misleading can arise from
both action and inaction.
EXAMPLE
If a solicitor receives a communication indicating that an opponent’s solicitor
mistakenly thinks a hearing date is the day after the actual hearing date, the so-
licitor must alert the mistaken solicitor to the error; otherwise, the non-mistaken
solicitor is misleading the opponent’s solicitor by omission to act.
36
ETHICS
for any purpose.
SQE prep
Exam Tip
Note that an ‘omission’ would be a breach of this requirement, so look out for a
situation where a solicitor fails to inform someone that their view on a matter is
incorrect. Preparing backdated letters and allowing others to think that they had
been prepared and sent at an earlier date would also be a breach.
5. Undertakings are written or oral statements by a solicitor or a member of the firm

that they will do something. A solicitor is personally bound by an undertaking, and it
can be enforced in court.
Exam Tip
Look out for a scenario in the exam where a member of support staff has spoken
to someone on the telephone and has said that they will do something. If the
other party has placed reliance on that statement and it is not performed, the
other party could claim that an undertaking has been given and that it has been
breached.
3. DISPUTE RESOLUTION AND PROCEEDINGS BEFORE

COURTS
1. A solicitor may not pay a witness for testifying a certain way or making payment
dependent on a certain outcome of the case (that is, a success fee may not be offered
or paid).
h However, a solicitor may pay a witness for legitimate travel expenses and lost
wages
Exam Tip
It is not a breach to pay a witness’s legitimate travel expenses, or to pay a
witness for the earnings they would lose by not attending work. Instead, watch
out for a payment that (1) is made so that the witness will give evidence that is
favourable, or (2) is contingent on a favourable result in the case.
2. A solicitor has a duty to make a court aware of relevant case law and statutes that
will likely have a material effect on the outcome of the case.
37
SQE prep
h Thus, if a solicitor’s opponent in litigation fails to mention a relevant case that

goes against the solicitor’s client’s case and which will likely have a material ef-
fect on the outcome of the case, the solicitor must bring the case to the attention
of the court
3. During a hearing if a solicitor discovers that the court is mistaken as to important
information about the solicitor’s client, the solicitor has a duty to urge the client to
correct the information and cease to act if the client refuses.
h Nonetheless, a solicitor may represent a criminal defendant who tells the solic-
itor that they committed the crime charged but nevertheless wants to plead not
guilty provided the client does not make statements or give evidence asserting
innocence
4. If during trial a solicitor discovers that their client committed perjury while testifying,
the solicitor must immediately urge the client to tell the truth and refuse to continue
representing the client if they do not agree.
4. SERVICE AND COMPETENCE

1. A solicitor can act on instructions only from the client or from someone authorised
by the client to instruct the solicitor.
h Thus, if the adult child of an elderly person attends the solicitor’s office, explain-
ing their parent is too feeble to attend the office, the solicitor should investigate
the circumstances, including visiting the parent at home, if necessary, before
accepting the instruction
2. If a solicitor represents two people jointly (such as in a sale of their home), the
clients may direct the solicitor to take instruction only from one of them and the
solicitor may follow this instruction so long as the solicitor ensures the other client truly
agrees.
3. If a person holding a valid power of attorney for a mentally incompetent client

instructs the solicitor to execute a transaction the solicitor does not believe is in the
best interest of the mentally incompetent person, the solicitor should refuse the
instruction, as the original client remains the client and the solicitor owes a duty to
look after the client’s best interests.
38
ETHICS
for any purpose.
SQE prep
Exam Tip
Look for a situation where the child of an elderly client is giving the instructions
and the solicitor suspects the child is acting for their own benefit. In this situa-
tion the solicitor may have a duty to investigate and confirm the client’s wishes
before acting.
4. Both solicitors and the firm they work at are responsible for ensuring the solicitor
keeps up to date on developments in the law relating to the solicitor’s services.
5. A solicitor owes their client a duty of competent representation. Therefore, a solicitor
can’t accept instruction regarding issues about which they’re unfamiliar if they will not
be able to timely gain the necessary knowledge.
EXAMPLE
A solicitor has spent the past 10 years of their career working on commercial
transactions. They receive a call from a client saying their spouse was just
arrested for a serious fraud offence and needs a solicitor to attend them within
the next 24 hours. The solicitor should not accept the instruction.
6. A solicitor has a duty to take account of each client’s attributes and deliver
information in a way that is suitable for that client.
7. A supervising solicitor is accountable for the work of solicitors under their

supervision and must be able to demonstrate effective supervision.
h It would be a breach of this duty for a supervising solicitor to go on holiday with-

out making arrangements for the supervision of their junior solicitor(s) whilst the
solicitor is on holiday
8. The SRA expects supervising solicitors to be accountable for the work carried out by
non-solicitor staff as well.
5. CLIENT MONEY AND ASSETS

1. A solicitor must account to a client if the solicitor receives a financial benefit as a
result of the client’s instruction unless the client has already agreed otherwise.
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Copyright © 2021 BARBRI

SQE FINAL REVISION

FUNCTIONING LEGAL KNOWLEDGE ASSESSMENT 2 SUBJECTS

LEGAL SYSTEM OF ENGLAND AND WALES

1. COMMON LAW SYSTEM OF ENGLAND AND WALES

h Noscitur a sociis: Ambiguous words in a statutory section should be interpreted

h In Pari Materia: Ambiguous words in a statutory section should be interpreted

3. COURT STRUCTURE, HIERARCHY, AND RIGHTS OF

District Judge (County Ct) Circuit Judge (County Ct)

Masters (High Ct) High Court Judge (High Ct)

Lord Justice of Appeal Justice of Supreme Court (S Ct)

 Application must be made in writing within 21 days of decision being ap-

3. There also is some horizontal privity as well (horizontal binding effect):

CONSTITUTIONAL AND ADMINISTRATIVE LAW AND EU LAW

1. THE UK’S UNCODIFIED CONSTITUTION

h Amendment ‘Ping Pong’: Any amendments made by other chamber must be

5. MONARCH, CROWN, AND ROYAL PREROGATIVE

h Prerogative power cannot be used to change UK law or the sources of UK law

5. Although ratification of a treaty is within the Crown’s prerogative powers, by Act

6. The Cardinal Convention limits the Monarch’s prerogative power to appoint

6. CENTRAL GOVERNMENT AND ACCOUNTABILITY

 Justices of the Supreme Court are appointed to this committee

6. Collective responsibility goes to the ministers’ duties with respect to making

2. Judicial review is available only against decisions made by ‘public bodies’.

8. There are four grounds for judicial review:

h Procedural impropriety is a ground for judicial review which focuses on whether

9 If failure to consult would lead to conspicuous unfairness.

9. HUMAN RIGHTS ACT 1998

10. PUBLIC ORDER LAW

h Usually, the notice must be:

6. Trespassory assemblies are assemblies involving 20 or more people on land to

11. PLACE OF EU IN UK CONSTITUTION

ETHICS AND PROFESSIONAL CONDUCT

1. THE SEVEN MANDATORY PRINCIPLES

h With independence (for example, a solicitor cannot put himself or herself in a

h In a way which encourages equality, diversity, and inclusion (for example, a

2. MAINTAINING TRUST AND ACTING FAIRLY

5. Undertakings are written or oral statements by a solicitor or a member of the firm

3. DISPUTE RESOLUTION AND PROCEEDINGS BEFORE

h Thus, if a solicitor’s opponent in litigation fails to mention a relevant case that

4. SERVICE AND COMPETENCE

3. If a person holding a valid power of attorney for a mentally incompetent client

7. A supervising solicitor is accountable for the work of solicitors under their

h It would be a breach of this duty for a supervising solicitor to go on holiday with-

5. CLIENT MONEY AND ASSETS

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Application must be made in writing within 21 days of decision being ap-

Justices of the Supreme Court are appointed to this committee