Free SQE1 Self Study Guide

Overview

This resource answers the important question every self-studying SQE1 candidate asks: “how long will my prep take me?” by providing flexible, structured timelines. It is designed to be a complete, end-to-end resource from initial planning to final mock exams. Our methodology is built on a four-stage learning philosophy designed for maximum retention and exam preparedness:

1. Stage I: Orientation – Familiarise yourself with the tools and the exam format before you begin.
2. Stage II: Timeline Planning – Break down the extensive syllabus into manageable, realistic revision blocks.
3. Stage III: Learn and Test – Systematically work through each subject with curated resources and immediate knowledge checks.
4. Stage IV: Mock-Exam Practice – Simulate real exam conditions to build confidence and identify final areas for improvement.

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Stage I: Orientation

Before beginning the substantive law, orient yourself with the structure of the assessment and the tools you'll need.

The SQE1 exam is divided into two Functioning Legal Knowledge assessments, FLK1 and FLK2. Each consists of 180 multiple-choice questions (MCQs), conducted over two separate days. You must pass both to pass SQE1.

The following free resources will help you prepare effectively:

• Revision Notes: Use the provided resource links as a supplement to your own original notes. These will help you understand the core principles and concepts.
• Flashcards (Digital or Physical): Use the integrated flashcard blocks after each module in this guide to consolidate your learning. Digital options like Anki allow for spaced repetition, as well as tactile options for physical learners.
• Practice Questions: Use the integrated question blocks after each module in this guide to consolidate your learning. You can also find additional practice questions here (note that we are not liable for the content of external sites):
• Solicitors Regulation Authority (SRA): The SRA has published official SQE1 sample questions for candidate preparation. Currently available are 90 questions for FLK1 and 90 for FLK2, with answers provided after each question. Visit the SRA sample questions here.
• QLTS School: A preparation centre offering SQE materials and training. Their website features free mock tests including 50 FLK1 practice questions and 50 FLK2 practice questions. Additionally, they offer a 90-question FLK1 online test (which may overlap with the 50 FLK1 questions). Please note: These mock tests are typically removed or restricted in the weeks preceding SQE1 examinations, so early access is recommended. Beyond the mock examinations listed above, QLTS provides an additional 10 free SQE questions here.
• BPP: An established professional training provider, formerly offering QLTS courses and now specialising in SQE preparation. BPP provides SQE sample resources upon email registration, including a 100-question SQE1 mock examination and 50 additional multiple-choice practice questions.
• The British Law Academy: An SQE consultancy and training provider based in Italy, operated by a solicitor qualified in both the UK and New York. Their website offers a free SQE1 FLK1 mock examination (65 questions) and a free SQE1 FLK2 mock examination (65 questions).
• Revise SQE: Revise SQE publishes FLK1 & FLK2 Practice Assessments in paperback and eBook formats. They offer 12 free FLK1 questions through the Practice Works platform (via Law Drills/Practice Works).
• The University of Law: A prominent SQE course provider offering 45 single-best-answer questions through their ULaw SQE application for Apple and Android devices. Purchasers of UOL's SQE study manuals gain access to 40 additional topic-specific practice questions per manual through the app.
• Kinnu: A modern SQE1 question bank featuring over 1,000 questions for FLK1 and FLK2. Available on iOS and Android platforms. They offer 40 free questions or full access through a free trial.

Stage II: Time Planning

We have developed three timelines based on common preparation windows. All timelines work backward from the mid-July exam sitting and include a dedicated 4-week final revision and mock exam period.

It is up to you to choose the timeline that best fits your personal and professional commitments. You can use our FLK1 and FLK2 weekly study planners to track your progress and ensure you stay on schedule.

Intensive Study Plan (4 Months)

• Best for: Candidates studying full-time or with significant prior legal knowledge.
• Pace: Approximately 25-35 hours per week.

Standard Study Plan (8 Months)

• Best for: Candidates studying part-time alongside work or other commitments.
• Pace: Approximately 15-20 hours per week.

Extended Study Plan (12 Months)

• Best for: Candidates new to the law of England & Wales or those with very limited weekly study time.
• Pace: Approximately 8-12 hours per week.

Progress Tracking

Please track your progress actively - it's the difference between good intentions and actual results.

Studies show that people who actively track their progress are 42% more likely to achieve their goals. The table below isn't just for show - it's your accountability system. Update it weekly, honestly assess where you stand, and use it to make real-time adjustments to your study plan. When you can see your progress (or lack thereof) in black and white, you'll naturally stay more focused and motivated.

Without tracking, it's easy to fool yourself that you're "doing well" when you're actually falling behind. Don't let that happen.

Firstly, copy this table into your own notes or a spreadsheet. Update it weekly with your progress on each subject. This will help you visualise your overall progress and identify areas that need more focus.

Secondly, after studying a topic, schedule future review dates (e.g., 1 day later, 3 days later, 1 week later, 2 weeks later). This forces you to re-engage with the material at scientifically-proven intervals for long-term memory.

Stage III: Learn and Test

This is the core of your preparation. We will now proceed through the entire SQE1 syllabus in the recommended order. Each module is structured to guide you through the core topics and then immediately test your knowledge.

Functioning Legal Knowledge 1 (FLK 1)

FLK1 tests your knowledge of Business Law and Practice, Dispute Resolution, Contract, Tort, the Legal System of England and Wales, Constitutional and Administrative Law and EU Law and Legal Services.

Legal Systems

This module covers the structure of the English and Welsh legal system, the sources of its laws, and the core principles of constitutional law and human rights that are the basis for all other practice areas.

Core Topics & Resources

1. Introduction to the Legal System of England and Wales

• Overview of the legal system – Sets out the common-law foundation, key institutions, and how England & Wales fits into the UK’s three-jurisdiction model.

2. Sources of Law

• Primary legislation: the structure of an Act of Parliament – Breaks down long title, clauses, and schedules so you can navigate and cite Acts accurately.
• Relationship between statute law and case law – Explains how parliamentary enactments interact with and can override or codify judge-made precedent.

3. Statutory Interpretation

• The literal rule – Courts give words their ordinary meaning to uphold parliamentary supremacy.
• The golden rule – Lets judges tweak literal wording to avoid absurd results.
• The mischief rule – Directs courts to suppress the “mischief” the Act was designed to cure.
• The purposive approach – Looks to Parliament’s broader objective, especially for EU-derived or rights-based laws.
• Intrinsic aids – Uses headings, schedules, and long titles within the Act to clarify meaning.
• Extrinsic aids – Permits reference to Hansard, law-commission reports, and international materials for context.
• Presumptions in statutory interpretation – Highlights default rules like “no retrospective effect” unless clearly stated.
• Aids to statutory interpretation and construction – Brings together rules, aids, and presumptions into a systematic toolkit.

4. The Judiciary and the Court System

• The judiciary: roles and responsibilities – Covers judges’ constitutional role, independence, and accountability.
• Court hierarchy and jurisdiction – Maps the path from Magistrates’ Courts up to the Supreme Court.
• Key courts and tribunals – Introduces specialist venues such as Employment Tribunals and the Upper Tribunal.
• The High Court – Explains the Queen’s/King’s Bench, Chancery, and Family divisions and their first-instance and appellate work.
• The Court of Appeal – Reviews civil and criminal appeals from lower courts to ensure consistency.
• The Supreme Court – Final court of appeal for civil cases and devolution issues across the UK.
• The appeal system – Outlines routes, time limits, and leave requirements for appeals.
• Appeals to the Supreme Court – Describes “general public importance” certification as the gateway to a final appeal.
• The appeals test – Sets the criteria (error of law or serious procedural irregularity) for appellate intervention.

5. Rights of Audience

• Definition and scope of rights of audience – Defines who may appear and conduct proceedings on behalf of clients.
• Rights of audience in different courts – Contrasts barristers’ automatic higher-court rights with solicitors’ limited or certified access.

6. Introduction to the UK Constitution

• Characteristics of the UK constitution – Highlights its uncodified, flexible, and evolutionary nature.
• Sources of constitutional law – Lists statutes, case law, conventions, and authoritative works.
• Role of constitutional conventions – Explains non-legal but binding political practices like ministerial responsibility.

7. Parliament and Parliamentary Sovereignty

• Structure and functions of Parliament – Describes Commons, Lords, and Crown working together to legislate and scrutinise government.
• Principles of parliamentary sovereignty – Affirms Parliament as the supreme law-maker free from judicial veto.
• Limitations on parliamentary sovereignty – Explores practical checks such as political accountability, devolution, and the Human Rights Act.

8. The Monarch and the Crown

• Role of the monarch – Covers ceremonial head-of-state duties, weekly audiences with the PM, and national unifying functions.
• The Crown and its constitutional significance – Identifies the Crown as the legal personality underpinning executive, legislative, and judicial authority.
• Royal prerogative powers – Lists executive powers—e.g., treaty-making and deploying armed forces—now exercised by ministers.

9. Prerogative Powers

• Definition and scope of prerogative powers – Explains their historic origin and present ministerial use.
• Relationship with legislation and constitutional conventions – Shows how statutes can abolish or regulate prerogatives, and conventions guide their exercise.
• Judicial control over prerogative powers – Notes cases like Miller (2019) where courts reviewed prorogation for legality.

10. Central Government and Accountability

• Structure of central government – Outlines the Cabinet, departments, and executive agencies under the PM.
• Ministerial responsibility – Describes collective and individual accountability to Parliament.
• Mechanisms of accountability – Covers select committees, questions, and audits that scrutinise executive action.
• Parliamentary privilege – Protects free speech and internal proceedings from judicial interference.

11. Status of Devolved Institutions

• Devolution in the UK – Explains power transfer to Scotland, Wales, and Northern Ireland since 1999.
• Powers and functions of devolved governments – Summarises legislative competence in areas like health and education.
• Relationship between devolved institutions and Westminster – Covers the Sewel convention and fiscal arrangements.

12. Legitimacy, Separation of Powers, and the Rule of Law

• Concepts of legitimacy in public law – Examines how consent, accountability, and fairness ground governmental authority.
• Principles of the rule of law – Draws on Dicey’s equality before the law and absence of arbitrary power.
• Separation of powers among the legislative, executive, and judiciary – Shows functional overlap but institutional checks in the UK.

13. Legislation and Legislative Procedures

• Enactment of primary legislation – Tracks a Bill from First Reading to Royal Assent.
• Implementation and repeal of legislation – Explains commencement, consolidation, and repeal mechanics.
• Secondary (delegated) legislation – Details statutory instruments and parliamentary scrutiny procedures.
• Powers and procedures for legislative scrutiny – Looks at committee stage, report stage, and ping-pong between Houses.

14. Public Order Law

• Regulation of processions and assemblies – Sets police powers under the Public Order Act 1986 to impose conditions on marches.
• Conditions and prohibitions on assemblies – Explains advance notice, location restrictions, and breach consequences.
• Breach of the peace – Defines common-law powers to prevent imminent violence.
• Balancing public order and freedom of expression – Highlights proportionality tests and human Rights considerations.

15. Judicial Review

• Nature and purpose of judicial review – Provides a constitutional check on executive and administrative action.
• Supervisory jurisdiction of the courts – Explains the High Court’s supervisory role over inferior tribunals.
• Decisions subject to judicial review – Covers public bodies and some private bodies exercising public functions.
• Grounds for judicial review: illegality, irrationality, procedural impropriety, legitimate expectation – Lists classic “GCHQ” grounds plus expectation doctrine.
• Standing (locus standi) – Requires a “sufficient interest” in the matter challenged.
• Time limits for bringing a claim – Usually three months from when grounds arose.
• Remedies available in judicial review – Includes quashing, prohibiting, mandatory orders, declarations, and damages in limited cases.

16. Human Rights Act 1998 and the European Convention on Human Rights

• Key rights under the European Convention on Human Rights – Summarises Articles 2-14 (right to life, fair trial, etc.).
• Sections 2, 3, 4, 6, 7, 8, 10 of the Human Rights Act 1998 – Covers interpretive duty, declarations of incompatibility, and remedies against public authorities.
• Interpretation of legislation under the Human Rights Act – Section 3 obligation to read statutes compatibly with Convention rights “so far as possible.”
• Application to acts by public authorities – Section 6 makes it unlawful for public bodies to act incompatibly with rights.
• Remedies for breaches of human rights – Courts can award “just satisfaction,” including damages.
• Impact of the Human Rights Act on UK law – Enhanced rights culture and dialogue between courts and Parliament.

17. Retained EU Law and the UK Constitution

• Sources of retained EU law – Converted EU regulations, directives, and case law preserved by the EU (Withdrawal) Act 2018.
• Categories, status, and interpretation of retained EU law – Distinguishes “assimilated” regulations, direct retained law, and modified principles.
• Modification and withdrawal of retained EU law – Describes ministerial powers to restate, revoke, or replace EU-derived rules.
• Parliamentary sovereignty and retained EU law – Confirms that, post-Brexit, Parliament can amend or repeal retained EU provisions.
• Relationship between UK law and retained EU law post-Brexit – Explores divergence, the Windsor Framework, and ongoing CJEU relevance in Northern Ireland.

Practice & Consolidation

Now that you have covered the core topics for Legal Systems, test your understanding and identify weak areas with the following practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Legal Systems topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Contract

This module examines the important lifecycle of a contract, from its formation through to its discharge, including the remedies available when a binding agreement is breached.

Core Topics & Resources

1. Existence and Formation of a Contract

• Offer and acceptance – How a clear offer met by an unequivocal acceptance creates the essential “meeting of minds” that launches a binding agreement.
• Consideration – Why each side must exchange something of value—promise, act, or forbearance—for an English‐law contract to be enforceable.
• Intention to create legal relations – The objective test that distinguishes social promises from legally binding bargains.
• Certainty – Courts insist that material terms be sufficiently clear so they can give effect to the deal.
• Capacity – Rules governing minors, corporations, and persons lacking mental capacity or intoxicated.
• Privity of contract and rights of third parties – Traditional rule that only parties can sue, plus statutory carve-outs for intended third-party beneficiaries.

2. Contents of a Contract

• Express terms – The written or oral provisions that the parties actually negotiated and agreed.
• Incorporation of terms – How signatures, reasonable notice, prior dealings, or trade custom pull extra wording into the bargain.
• Terms implied by common law and statute – Judicially or legislatively inserted duties such as reasonable care, good faith, or satisfactory quality.
• Exemption clauses – Clauses that exclude or cap liability—subject to rules of construction and consumer‐protection screens.
• Interpretation of contract terms (conditions, warranties, and innominate terms) – How term status dictates remedies for breach.
• Variation of contract terms – Methods (agreement, estoppel, contractual mechanics) for changing obligations post-formation.

3. Causation and Remoteness

• Principles of causation in contract law – Linking breach to loss through “but-for” and common-sense tests.
• Remoteness of damage – Hadley v Baxendale’s two-limb foreseeability rule limits recovery to losses within the parties’ contemplation.
• Application of Hadley v Baxendale – Practical guidance on direct, indirect, and special losses.

4. Vitiating Elements

• Misrepresentation – Pre-contract untruths empower rescission and sometimes damages.
• Mistake – Operative error (common, mutual, unilateral) can void the bargain.
• Unfair contract terms – Statutory controls strike down or rewrite oppressive terms, especially in consumer deals.
• Duress and undue influence – Illegitimate pressure or domination undermines genuine assent.
• Illegality – Contracts prohibited by statute or contrary to public policy are unenforceable or void.

5. Discharge of Contract and Remedies

• Termination of contract (expiry, breach, frustration) – Ways obligations end: performance, agreement, serious breach, or unforeseen events rendering performance impossible.
• Basic principles of restitution and unjust enrichment in termination – Restoring benefits where the basis for transfer fails.
• Damages – Financial award aims to put claimant in the position expected if the contract had been performed.
• Liquidated sums and penalties – Distinguishing genuine pre-estimated loss from unenforceable punishment.
• Specific performance – Equitable decree compelling exact performance where damages are inadequate.
• Injunctions – Orders restraining or mandating actions to protect contractual rights.
• Duty to mitigate – Claimant must take reasonable steps to curb avoidable loss.
• Indemnities – Promises to hold another harmless for defined liabilities.
• Guarantees – Secondary obligations to answer for another’s default; formalities apply.

6. Unjust Enrichment

• Basic principles – Four-part test: enrichment, at claimant’s expense, unjust factor, and no defence.
• Restitution in the context of contract termination – Recovering benefits conferred when a contract is void, rescinded, or frustrated.
• Quantum meruit claims – Reasonable remuneration for work or services absent an agreed price.

Practice & Consolidation

Now that you have covered the core topics for Contract, test your understanding and identify weak areas with the following practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Contract topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Tort

This module focuses on civil wrongs, primarily the law of negligence. It covers the establishment of a duty of care, breach, causation, and various specific torts like nuisance and occupiers' liability.

Core Topics & Resources

1. Introduction to Tort Law

• Overview of tort law and negligence – Sets out the fault-based framework that compensates civil wrongs, centring on negligence.
• Types of loss in tort – Explains the three main heads of damage: physical injury, psychiatric harm, and pure economic loss.
• Aims and functions of tort law – Explores deterrence, compensation, corrective justice and distributive policy goals.

2. Negligence

• Duty of care – Introduces the Caparo three-part test for novel duties and the neighbour principle.
• Established duties of care – Lists settled categories (doctors, drivers, employers, occupiers) where duty is automatic.
• Novel duties of care (Donoghue v Stevenson and Caparo test) – Shows how foreseeability, proximity and policy determine new liabilities.
• Exceptions: control, assumption of responsibility, creation or adoption of risk – Explains when omissions or third-party acts still trigger liability.
• Failure to prevent third-party harm – Outlines the limited circumstances imposing a positive duty to act.

3. Breach of Duty

• Standard of care – Benchmarks conduct against the reasonable person in the situation.
• Professional standard of care – Uses the Bolam/Bolitho tests to judge skilled defendants.
• Lower standard for children – Adjusts the yardstick to a child of similar age and experience.
• Illness and disability considerations – Considers whether personal infirmities excuse fault.
• No lowered standard for adults – Learners and amateurs judged by the ordinary adult standard.
• Common practice and its relevance – Industry custom informs but never fixes the standard of care.
• Factors affecting breach: likelihood and magnitude of harm, practicality of precautions – Courts balance risk against cost and utility of precautions.
• Sporting events and potential benefits of conduct – Recognises risk-laden activities may alter what is "reasonable".
• Current state of knowledge – Foreseeability judged by knowledge available at the time, not hindsight.

4. Causation in Negligence

• Factual causation: 'but for' test – Links breach to damage with the baseline "but-for" inquiry.
• Multiple causes: material contribution to loss – Allows cumulative exposures to establish liability where exact shares are unclear.
• Material increase in risk – Fairchild exception handles scientific uncertainty in diseases like mesothelioma.
• Multiple causes and multiple injuries – Outlines apportionment where separate acts cause distinct harm.
• Apportionment of liability between tortfeasors – Divides damages equitably among joint or concurrent wrongdoers.
• Legal causation: acts of God, third parties, and the claimant – Identifies novus actus events that break the chain of causation.

5. Remoteness of Damage

• Reasonably foreseeable harm – Wagon Mound test limits recovery to foreseeable types of damage.
• Type of harm vs exact manner of occurrence – Only the harm's genus must be foreseeable, not the precise chain of events.
• Extent of damage need not be foreseeable – Egg-shell skull rule makes defendants liable for unexpectedly severe loss.

6. Defences to Negligence

• Consent (volenti non fit injuria) – Complete defence where claimant freely accepted the risk.
• Voluntary assumption of risk – Sets criteria for proving informed agreement.
• Consent in employment and rescue situations – Courts rarely find true consent where pressure exists.
• Contributory negligence – Partial defence reducing damages by claimant's own fault.
• Failure to take reasonable care for one's own safety – Explains threshold for contributory fault.
• Special considerations in contributory negligence – Addresses "agony of the moment" and rescuers.
• Illegality (ex turpi causa non oritur actio) – Prevents claim founded on claimant's own crime.
• Necessity – Rare defence excusing intentional harm to avert greater danger.

7. Remedies for Personal Injury and Death Claims

• Compensatory damages – Aims to restore claimant's position but deducts overlapping benefits.
• General damages: pain, suffering, and loss of amenity – Uses Judicial College Guidelines for valuation.
• Loss of earnings pre- and post-trial – Calculates net wage loss and future reduction in earning capacity.
• Deductions from damages – Outlines statutory set-offs for benefits and insurance.
• Damages in cases of death – Dependants' claims under the Fatal Accidents Act and bereavement awards.

8. Claims for Pure Economic Loss

• Distinction between pure economic loss and consequential loss – Pure financial loss is generally unrecoverable.
• Economic loss from defective property – No duty for cost of repairing the defect itself.
• General rule against recovery – Policy seeks to curb indeterminate liability.
• Exceptions: Hedley Byrne principle – Negligent misstatements actionable where responsibility is assumed.
• Reasonable reliance and assumption of responsibility – Both elements needed for liability to arise.
• Caparo test for negligent misstatements – Re-applies the three-stage duty analysis to advice cases.
• Economic loss in wills and references – Professionals may owe intended beneficiaries a duty when drafting wills.
• Defences applicable to pure economic loss claims – Includes disclaimers, contributory negligence and limitation clauses.

9. Claims for Psychiatric Harm

• Definition of pure psychiatric harm – Must be a recognised psychiatric injury, not mere grief.
• Primary victims – Owed a normal duty if within danger zone.
• Secondary victims – Subject to proximity, sudden shock and relational ties (Alcock).
• Alcock criteria for secondary victims – Sets strict control mechanisms on recovery.
• Rescuers and bystanders – Recovery limited unless personally endangered or closely connected.

10. Employers' Primary Liability

• Duty to provide safe equipment and machinery – Non-delegable duty for work equipment safety.
• Duty to provide a safe workplace – Covers premises, procedures and protective measures.
• Duty to provide a safe system of work with adequate supervision – Includes training and monitoring compliance.
• Stress at work claims – Liability arises where psychiatric harm is reasonably foreseeable.
• Remaining elements of an employer's liability claim – Considers breach, causation and contributory negligence.

11. Vicarious Liability

• Principles of vicarious liability – Two-stage test: relationship and close connection.
• Employment relationships and relationships akin to employment – Covers workers, quasi-employees and volunteers.
• Tort committed in the course of employment – Traditional "Salmond" test refined by close-connection approach.
• Frolic cases and deviation from employment – Employer not liable for substantial personal detours.
• Close connection test – Key modern criterion after Lister and Mohamud.
• Employer's right to indemnity – Possibility of recouping damages from the employee.

12. Occupiers' Liability

• Occupiers' Liability Act 1957 (visitors) – Creates a statutory "common duty of care" to keep lawful visitors reasonably safe.
• Identifying the occupier – Control test determines who owes the duty.
• Definition of visitor – Extends to invitees, licensees and persons with permission.
• Common duty of care and its breach – Standard measured by foreseeability and reasonableness.
• Standard of care for different visitors (children, specialists) – Higher duty to children; specialists expected to guard against trade risks.
• Liability for independent contractors – Defence where contractor competence and checks are reasonable.
• Occupiers' Liability Act 1984 (non-visitors/trespassers) – Imposes limited duty to trespassers if risk is known and foreseeable.
• Duty owed to trespassers – Requires reasonable steps to protect against serious injury.
• Breach of duty towards trespassers – Focuses on obviousness of danger and practicality of precautions.
• Defences and exclusion of liability – Warnings, volenti and statutory limits on exclusion clauses.

13. Product Liability

• Product liability in negligence – Extends Donoghue duty to manufacturers and distributors.
• Duty of care of manufacturers – Requires reasonable care in design, manufacture and warnings.
• Intermediate examination by consumer – Potential inspection can break causation.
• Consumer Protection Act 1987 – Strict liability for defective products irrespective of fault.
• Definitions of defect and product – Defect judged by safety expectations; product broadly defined.
• Who is liable under the Act – Catches producers, own-branders and importers.
• Defences under the Act – Includes development risks, compliance with mandatory standards, and contributory fault.

14. Nuisance and the Rule in Rylands v Fletcher

• Private nuisance – Unreasonable interference with land use or enjoyment.
• Unlawful interference with use or enjoyment of land – Assessed on locality, duration and malice.
• Factors: duration, frequency, character of locality, malice – Guides courts on gravity of harm.
• Who can sue and be sued in private nuisance – Claimant must have proprietary interest; defendant usually creator or occupier.
• Defences and remedies in private nuisance – Statutory authority, prescription and injunctions among options.
• Public nuisance – Criminal or civil wrong affecting a class of the public; claimant needs "special damage".
• Requirement of a class of people and special damage – Defines standing for individual actions.
• The rule in Rylands v Fletcher – Strict liability for escape of dangerous things from non-natural land use.
• Elements of a Rylands v Fletcher claim – Dangerous thing, non-natural use, escape and foreseeable damage.
• Non-natural use of land – Assesses context, benefit and inherent danger.
• Thing likely to cause mischief if it escapes – E.g., chemicals, water, fire, explosives.
• Escape and foreseeable harm – Liability triggered when the substance crosses boundary and causes foreseeable damage.
• Defences and remedies under Rylands v Fletcher – Act of God, statutory authority, consent and contributory negligence.

Practice & Consolidation

Now that you have covered the core topics for Tort, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Tort topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Legal Services

This important module covers the regulatory environment for solicitors, including professional conduct, financial services regulation, and anti-money laundering obligations. This is examinable pervasively across the SQE1.

Core Topics & Resources

1. Introduction to Legal Services and Regulation

• Overview of legal services in England and Wales – Sets the scene: who can deliver legal work, how the market is structured, and why reserved work is tightly licensed.
• Role of the Solicitors Regulation Authority (SRA) – Explains the SRA's remit to authorise, supervise and enforce ethical conduct for solicitors and firms.
• Principles of risk-based regulation – Shows how the SRA targets supervision on greatest client- or public-interest risks.
• Regulatory objectives and professional principles – Lists statutory goals—e.g., protecting consumers, promoting competition—that underpin all SRA rules.

2. Principles and Risk-Based Regulation

• Reserved legal activities – Defines the six tasks (litigation, conveyancing, etc.) that only authorised professionals may carry out.
• Professional indemnity insurance (PII) – Compulsory cover that protects clients if a solicitor's advice proves negligent.
• Other regulated providers of legal services – Highlights barristers, CILEX lawyers and ABS firms overseen by alternative regulators.
• Understanding risk management in legal practice – Demonstrates how firms embed controls (conflict checks, supervision, PII) to cut claims and complaints.
• Role of PII in risk management – Acts as the financial back-stop if preventive measures fail.

3. The Equality Act 2010

• Protected characteristics and direct discrimination – Lists the nine characteristics (sex, race, disability, etc.) that cannot lawfully motivate less-favourable treatment.
• Indirect discrimination – Outlaws neutral policies that put a protected group at a particular disadvantage without justification.
• Victimisation and harassment – Guards staff and clients against retaliation or dignity-destroying conduct.
• Duty to make reasonable adjustments – Requires firms to remove barriers facing disabled clients or employees.
• Equality and diversity obligations for solicitors – SRA Principles demand active promotion of equality inside practices.
• Application within legal services – Covers inclusive recruitment, client care, and complaints handling.

4. Money Laundering and AML Regulations

• Purpose and scope of anti-money-laundering legislation, including international context – Implements FATF standards and criminalises dealing with criminal property in POCA 2002.
• Direct involvement and non-direct involvement offences under POCA 2002 – Sections 327-329 cover concealing, arranging or acquiring criminal proceeds.
• Defences to money-laundering offences – "Authorised disclosure" and "adequate consideration" can shield practitioners.
• Due diligence requirements – Firms must verify identity, source of funds and beneficial ownership.
• Client due diligence vs. enhanced due diligence – EDD adds scrutiny for politically-exposed or high-risk clients.
• Circumstances where suspicion of money laundering should be reported – A "knowledge or suspicion" trigger compels a SAR to the NCA.
• Reporting obligations under the SARs regime – Detail timelines and online portal for submissions.
• Appropriate person or body for reporting suspicions, timing, and procedures – Internal MLRO then National Crime Agency; seek "defence" before proceeding.
• Tipping off and confidentiality issues – Disclosing a SAR to a client is a separate offence punishable by up to five years.
• Obligations under the Money Laundering Regulations – Regulations 2017 mandate firm-wide risk assessments, training and record-keeping.

5. Financial Services and Regulation

• Financial services regulatory framework, including authorisation – FSMA 2000 sets the perimeter and FCA authorisation regime.
• How the framework applies to solicitors' firms – Certain investment services can be delivered under a tailored FSMA exemption for legal practices.
• Recognition of relevant financial services issues – Spotting when advice on investments may cross into regulated territory.
• Identification of specified investments and activities – Shares, insurance contracts, regulated mortgage contracts, etc.
• Relevant exemptions for solicitors – The Exemption Order 2001 lets solicitors conduct incidental investment activity.
• Distinction between regulated and unregulated activities – Crucial for avoiding unauthorised business offences.
• Application of FSMA 2000 and related legislation – Breaches can trigger criminal liability or FCA censure.
• Appropriate sources of information on financial services – FCA Handbook, PRA Rulebook and SRA guidance notes.
• Consequences of non-compliance with financial services regulations – Includes fines, compensation orders and potential criminal sanctions.

6. Funding Options for Legal Services

• Private retainers – Traditional hourly or fixed-fee agreements between solicitor and client.
• Conditional fee agreements (CFAs) – "No win-no fee" pacts where success fees are recoverable from damages.
• Damages-based agreements (DBAs) – Solicitor or funder takes a cut of recovered damages—tight statutory rules apply post-PACCAR.
• Fixed fees – Gives cost certainty—common in conveyancing and immigration work.
• Eligibility criteria for criminal and civil legal aid – Means and merits tests cap aid to those of limited resources facing serious issues.
• Third-party funding – External investors bankroll claims for a percentage return—under scrutiny since PACCAR.
• Legal expenses insurance – Before- or after-the-event cover pays lawyers' costs if litigation arises.
• Alternative funding mechanisms – Crowd-funding, union schemes or charity grants can bridge the justice gap.

Practice & Consolidation

Now that you have covered the core topics for Legal Services, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Legal Services topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Business Law and Practice

A heavily-weighted subject covering the entire lifecycle of business entities, from formation and governance of companies and partnerships to finance, taxation, and insolvency.

Core Topics & Resources

1. Business and Organisational Characteristics

• Sole trader – Easiest start-up route but owner has unlimited personal liability for debts.
• Ordinary partnerships – Two-plus persons trading together share profits—and joint & several liabilities.
• Limited liability partnerships – Hybrid body with separate legal personality protecting partners' personal assets.
• Private limited companies – Most common incorporated form; shares cannot be offered to the public.
• Public limited companies – Can list shares on a market but face higher capital and disclosure thresholds.
• Legal personality – Corporations and LLPs exist separately from their members, enabling perpetual succession.
• Limited liability – Investors' risk is capped at capital committed, encouraging enterprise.

2. Company Formation

• Incorporation process and requirements – Application to Companies House with Form IN01, articles and £50/£12 fee.
• Constitutional documents – Articles of association define internal rules; optional shareholders' agreements add detail.
• Companies House filing requirements – Annual accounts and a confirmation statement keep the public register current.
• Trading name and registered office – Must display legal suffix (Ltd/PLC) and maintain a UK service address.
• Directors, shareholders, and people with significant control – PSC register increases transparency of ultimate ownership.
• Changing from private to public company – Requires special resolution and re-registration with £50,000 nominal capital.
• Shelf companies – Pre-incorporated entities sold "off the shelf" for speed of purchase.

3. Partnership and LLP Formation

• Legal requirements – Partnerships arise automatically under the 1890 Act; LLPs need incorporation.
• Partnership and LLP agreements – Contract sets profit shares, decision rules and exit routes, overriding statutory defaults.
• Registration process for LLPs – Similar to company incorporation but Form LL IN01 is used.

4. Corporate Governance and Compliance

• Rights, duties, and powers of directors – Statutory duties (s.171-177 CA 2006) include promoting company success.
• Rights, duties, and powers of shareholders – Vote on key matters, receive dividends and sue derivatively if directors default.
• Decision-making processes (board meetings, general meetings) – Articles and Model Articles set quorum and notice rules.
• Written resolutions – Private companies can pass ordinary/special business without meeting.
• Appointment and removal of directors – Shareholders may remove by ordinary resolution (s.168 CA 2006).
• Minority shareholder protection – Section 994 petitions address unfair prejudice.
• Unfair prejudice claims and derivative actions – Courts can order buy-outs or allow claims on company's behalf.
• Statutory filing and disclosure requirements – Late filings risk penalties and strike-off.
• Documentary and record-keeping obligations – Minute books and registers must be kept for ten years.

5. Partnership Governance

• Decision-making and authority of partners – Ordinary matters decided by majority; fundamental changes require unanimity.
• Procedures under the Partnership Act 1890 – Statute supplies default rules on profit share, capital and dissolution.
• Common provisions in partnership agreements – Cover retirement, expulsion, non-compete and valuation clauses.
• Dissolution and sale as a going concern – Partners may wind up or sell assets to a new LLP/company.

6. Business Finance

• Funding options: debt and equity – Companies can issue shares or borrow with security documents.
• Types of security (fixed and floating charges) – Fixed locks assets; floating hovers until crystallisation.
• Distribution of profits and gains – Dividends require distributable reserves and board approval.
• Financial records and accounting requirements – CA 2006 mandates "true and fair" annual accounts.
• Share capital and shareholders – Authorised capital abolished; directors allot within authority limits.
• Allotment and transfer of shares – New issues need board/ shareholder authority; transfers logged in register.
• Share buybacks – Permitted if funded from distributable profits or fresh issue plus solvency statement.

7. Income Tax

• Chargeable persons and entities – Applies to UK residents and certain non-residents on UK-source income.
• Basis of charge – Receipts basis for employment; arising or remittance basis for other income.
• Types of income – Employment, trading, property, savings and dividends.
• Main reliefs and exemptions – Personal allowance, trading allowance, pension contributions.
• Calculation and collection of tax – PAYE, self-assessment and payments on account.
• Tax bands and rates – Progressive schedule—basic, higher and additional rates.
• Payment methods and deadlines – 31 Jan balancing payment and 31 July second instalment.
• Anti-avoidance provisions – GAAR and DOTAS tackle aggressive schemes.

8. Capital Gains Tax

• Chargeable persons and entities – Individuals, trustees and some non-resident companies on UK-land gains.
• Basis of charge – Arises on disposal of chargeable assets.
• Calculation of gains and allowable deductions – Proceeds minus cost, indexation (pre-1998 companies) and allowable costs.
• Main reliefs and exemptions – Business Asset Disposal Relief, rollover, gift relief.
• Calculation and collection of tax – Self-assessment with 60-day payment for UK property.
• Payment methods and deadlines – Same 31 Jan balancing due date.
• Anti-avoidance provisions – Targeted anti-avoidance rules for share exchanges and value-shifting.

9. Corporation Tax

• Basis of charge – Resident companies pay on worldwide profits; non-residents on UK PE profits.
• Calculation of taxable profits – Accounting profit adjusted for tax rules; capital allowances replace depreciation.
• Payment and collection of tax – Large companies pay quarterly instalments; others nine months after year-end.
• Tax treatment of company distributions to shareholders – Dividends franked; companies often exempt under dividend exemption.
• Anti-avoidance provisions – Transfer-pricing, hybrid mismatch and CFC rules curb profit-shifting.

10. Value Added Tax (VAT)

• Key principles (scope, supply, input and output tax) – Tax on supplies of goods and services; credit for input VAT.
• Registration requirements – Compulsory when turnover exceeds £90,000 rolling 12-month threshold.
• Issuing VAT invoices – Must show VAT number, rate and net/ gross values.
• Returns and payment of VAT – Usually submitted quarterly via Making Tax Digital.
• Record-keeping and compliance – Keep digital records for six years; penalties for inaccuracies.

11. Inheritance Tax

• Business property relief – Up to 100% relief shields unquoted shares and certain assets from IHT.
• Eligibility criteria – Asset must be relevant business property held two years before death.
• Application and calculations – Charge at 40% above nil-rate band unless reliefs apply.
• Interaction with other taxes – CGT uplift removes latent gains on death assets.
• Anti-avoidance provisions – Gifts with reservation and pre-owned asset charges curb shelters.

Practice & Consolidation

Now that you have covered the core topics for Business Law & Practice, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Business Law & Practice topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Dispute Resolution

This is the second most heavily-weighted subject in FLK1, covering the entire civil litigation process from pre-action steps through to appeals and enforcement, governed by the Civil Procedure Rules (CPR).

Core Topics & Resources

1. Introduction to Dispute Resolution

• Different options for dispute resolution – Sets out ADR (arbitration / mediation) alongside court litigation, explaining when each route best serves speed, cost or enforceability.
• Characteristics of arbitration, mediation, and litigation as appropriate mechanisms – Contrasts confidentiality and party autonomy in ADR with the public, precedential nature of court judgments.

2. Analysis of Merits of Claim or Defence

• Assessing strengths and weaknesses of a claim – Uses facts, law and evidence to gauge settlement value and litigation risk.
• Evaluating legal and factual issues – Distinguishes triable disputes from cases fit for summary judgment.
• Consideration of potential outcomes – Balances best- and worst-case scenarios against costs, time and enforcement prospects.

3. Pre-Action Considerations and Steps

• Preliminary considerations: limitation and pre-action protocols – Limitation Act sets strict time bars; protocols promote early information exchange.
• Parties and causes of action – Identifies proper claimants/defendants and legal bases before issue.
• Calculating limitation periods for claims in contract and tort – Typically six years for simple contract and tort; three for personal injury.
• Practice direction: pre-action conduct – Courts may penalise non-compliance in costs orders.
• Principles and purpose of pre-action protocols and consequences for non-compliance – Encourages settlement and narrows issues before proceedings.
• Applicable law: determining which country's laws apply to contractual or tortious claims – Rome I/II rules guide choice-of-law analysis in cross-border disputes.
• Jurisdiction: mechanisms to determine jurisdiction over international claims – Relies on common-law forum conveniens and Hague/Lugano regimes post-Brexit.

4. Commencing a Claim

• Allocation of business between the High Court and the county court – Value and complexity dictate forum; specialist lists sit in the High Court.
• Jurisdiction of specialist courts – Business & Property Courts hear insolvency, chancery and IP matters.
• Issuing a claim form – Form N1 issued in County Court or High Court starts proceedings.
• Adding, removing, or substituting parties – CPR 19 provides flexibility where necessary for justice.
• Service of a claim form within the jurisdiction – CPR 6 sets out personal, first-class post and document exchange methods.
• Service of a claim form outside the jurisdiction – Requires court permission (CPR 6.36) unless a treaty gateway applies.
• Mechanisms for valid service in another jurisdiction – Hague Service Convention or bilateral agreements often govern.
• Deemed dates of service and time limits – Important for calculating deadlines to acknowledge or defend.
• Service by alternative methods – Court may permit email/WhatsApp where traditional service is impracticable.
• Purpose, structure, and content of a claim form and particulars of claim – Must plead material facts and remedies sought.
• Purpose, structure, and content of a Part 20 claim – Allows contribution/indemnity claims against third parties.

5. Responding to a Claim

• Admitting the claim – Permits early judgment and avoids costs escalation.
• Acknowledging service and filing a defence and/or counterclaim – Must be done within 14 days of service (or 28 with acknowledgment).
• Disputing the court's jurisdiction – Apply within CPR 11 timetable to avoid deemed submission.
• Entering and setting aside judgment in default – Available if no acknowledgment/defence is filed.
• Discontinuance and settlement – Notice of discontinuance or Tomlin order closes proceedings.
• Time limits for responding – Strict CPR timetables prevent delay.
• Purpose, structure, and content of a defence – Must set out which allegations are admitted, denied or not admitted.
• Purpose, structure, and content of a reply and defence to a Part 20 claim – Opportunity to answer new matters raised in defence or Part 20 pleading.

6. Progressing a Claim

• Requests for further information about statements of case – CPR 18 clarifies vague pleadings.
• Amendments to statements of case – Allowed with consent or permission; key to correcting errors early.
• Interim applications – E.g., security for costs, strike-out, or disclosure orders.
• Procedure for making applications – Notice, evidence and draft orders filed under CPR 23.
• Purpose, procedure, and evidence for specific applications (summary judgment, interim payments, interim injunctions) – Summary judgment requires "no real prospect of success".

7. Case Management

• The overriding objective – Courts manage cases to promote justice and proportionality.
• Track allocation – Small, fast and multi-track categorise cases by value/complexity.
• Case management directions for fast and multi-track cases – Timetables disclosure, witness evidence and expert exchanges.
• Non-compliance with orders, sanctions, and relief – Relief from sanctions tests Mitchell/Denton principles.
• Costs and case management conferences – Align budgets and directions early.

8. Evidence and Disclosure

• Relevance, hearsay, and admissibility – CPR 32 governs documentary and witness evidence at trial.
• The burden and standard of proof – Civil standard is balance of probabilities.
• Witness statements and affidavits – Serve as evidence-in-chief under CPR 32.4.
• Expert evidence – Requires court permission; experts owe duty to the court.
• Opinion evidence and duties of experts – CPR 35 codifies impartiality.
• Single joint experts and expert discussions – Cost-effective alternative to party experts.
• Disclosure and inspection – Parties exchange relevant, proportionate documents.
• Standard disclosure – Default order on multi-track claims unless varied.
• Orders for disclosure and specific disclosure – Court may compel recalcitrant parties.
• Pre-action and non-party disclosure – Aids early settlement or targets third-party documents.
• Electronic disclosure – Practice Direction 51U governs "EDD questionnaires" and TAR.
• Privilege and without prejudice communications – Protects legal advice and settlement negotiations.
• Waiver of privilege – Must be intentional and can be partial or limited.

9. Preparation for Trial

• Summoning witnesses – Witness summons ensure attendance.
• Purpose of pre-trial checklists and hearings – Confirms readiness and refines issues.
• Preparation of trial bundles – Indexed core and authorities files aid judicial reading.
• Trial procedure – Opening submissions, evidence and closing arguments.
• Modes of address and courtroom etiquette – "My Lord"/"My Lady"; stand when addressing the judge.
• Leading vs. non-leading questions – Leading allowed in cross-examination only.

10. The Trial and Judgment

• Trial proceedings – Judge hears evidence, applies law and gives oral or reserved judgment.
• The nature and effect of judgments – Creates binding orders enforceable by the court.

11. Costs

• Costs management and budgeting – Multi-track cases over £100k require budgets (Precedent H).
• The indemnity principle – Client cannot recover more from opponent than owes own solicitor.
• Costs management orders – Judge approves or revises budgets to control expense.
• Inter-partes costs orders (interim and final) – Usually "costs follow the event".
• Non-party costs – Court may order funders or directors to pay.
• Qualified one-way costs shifting – Protects personal-injury claimants from adverse costs.
• Part 36 and other settlement offers – Creates potent cost sanctions to encourage compromise.
• Security for costs – Protects defendants where claimant may not pay.
• Fixed, summary, and detailed assessment of costs – Different procedures depending on track and case value.

12. Appeals

• Permission for appeals – Most appeals need permission based on real prospect of success.
• Destination and grounds of appeals – County Court → High Court; High Court → Court of Appeal.

13. Enforcement of Judgments

• Enforcement of money judgments – High Court Writs, Third-Party Debt Orders and Attachment of Earnings.
• Oral examination – Debtor questioned about assets under oath.
• Methods of enforcement – Include charging orders, orders for sale and possession.
• Enforcement procedures in other jurisdictions – Foreign judgments enforced via Hague Choice-of-Court or common-law registration.

Practice & Consolidation

Now that you have covered the core topics for Dispute Resolution, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Dispute Resolution topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Functioning Legal Knowledge 2 (FLK 2)

FLK2 tests your knowledge of Property Practice, Wills and the Administration of Estates, Solicitors Accounts, Land Law, Trusts, and Criminal Law and Practice.

Land Law

This module establishes the principles of ownership and interests in land. It covers the distinction between legal and equitable rights, registered and unregistered land, co-ownership, mortgages, and third-party rights like easements and covenants.

Core Topics & Resources

1. Introduction to Land Law

• Distinction between real property and personal property – Real (land) is immovable and recoverable in specie; personal (chattels) is movable and recoverable only in damages.
• Rights in land – Includes freehold, leasehold, easements, covenants and mortgages—each giving differing degrees of control and enforceability.
• Different ways in which land can be held – Sole ownership, joint tenancy or tenancy in common, each carrying distinct survivorship and disposal rules.

2. Acquisition and Transfer of Estates and Interests

• How to acquire and transfer legal and equitable estates – Legal estates pass only by deed under s.52 LPA 1925; equity may recognise informal agreements subject to formalities.
• How to acquire and dispose of legal and equitable interests in land – Transfers require compliance with both deed/formalities and any registration requirements.
• Legal formalities required to create and transfer interests and estates in land – Contracts must satisfy s.2 LP(MP)A 1989; transfers must be by deed (s.1 LP(MP)A 1989).
• The transfer contract – Creates an equitable interest pending completion and registration.
• The transfer deed (formalities for creation or transfer of a legal estate) – Executed as a deed and lodged for registration to perfect title.
• Transfer of equitable rights – Assignments must be in writing and signed (s.53 LPA 1925).

3. Co-Ownership

• Differences between joint tenants and tenants in common in law and equity – Joint tenancy includes the four unities and survivorship; tenants in common hold distinct shares without survivorship.
• Rule of survivorship – A deceased joint tenant's share passes automatically to the survivors.
• Severance of joint tenancies – Can occur by notice, mutual agreement or conduct, converting to a tenancy in common.
• Resolving disagreements between co-owners (sections 14 & 15 TLATA 1996) – Court may order sale or regulate occupation balancing beneficiaries' interests.

4. Registration of Title and Protection of Interests

• Registration of title to land – Land Registration Act 2002 makes the register the definitive record of ownership.
• The register and proof of ownership – Entries guarantee title, supplanting old title-deed investigation.
• Estates that can be substantively registered – Freehold, lease over seven years, rentcharges and franchise rights.
• Powers of a registered owner and registrable dispositions – s.23 LRA 2002 empowers owners to transfer, mortgage and lease once dispositions are registered.
• Methods to protect and enforce third-party interests – Notices and restrictions entered on the register alert purchasers.
• How to protect interests – Statutory charges and agreed/unilateral notices secure priority.
• The rules for priority of interests in registered land – s.29 LRA 2002 gives priority to registered and overriding interests on disposition.
• Dealing with minor interests on the register – Can be removed or modified by court order or application.
• Interests that override registration – Schedule 3 rights (e.g., short leases, actual occupation) bind buyers despite non-entry.
• Overreaching – Overreaches equitable interests where capital money is paid to two trustees, shifting rights from land to proceeds.

5. Unregistered Land

• Role of title deeds – Deeds evidence ownership; good root must cover at least 15 years.
• Land charges – Certain equitable interests must be registered under the Land Charges Act 1972 to bind purchasers.
• Continuing role of the doctrine of notice – Purchaser bound by equitable interests they had actual, constructive or imputed notice of.

6. Proprietary Rights in Land

• Essential characteristics of easements – Re Ellenborough Park sets four criteria: dominant/servient land, accommodation, separate ownership, capable subject matter.
• Methods for creation of easements – Express grant/reservation, implied grant (necessity/common intention), prescription.
• Rules for passing the benefit and burden of freehold covenants – Benefit may pass in equity under annexation or assignment; burden rarely binds at common law but may in equity (Tulk v Moxhay).

7. Mortgages

• Enforceability of mortgage terms – Mortgage deeds must be by deed and registered to confer legal charge status.
• Priority of mortgages – Fixed by date of registration; later charges may take priority via postponement or tacking rules.
• Lender's powers and duties – s.101 LPA 1925 grants power of sale; mortgagee owes duty to act in good faith and obtain proper price.
• Protection of mortgagors and third parties with an interest in the land – Court may adjourn possession (Administration of Justice Act 1970 s.36).

8. Landlord and Tenant Law

• Relationship between landlord and tenant – Lease gives proprietary estate; licence gives mere personal permission.
• Essential characteristics of a lease, including difference between a lease and a licence – Street v Mountford: exclusive possession for term at rent signifies a lease.
• Privity of contract and privity of estate – Original parties remain liable; assignees bound via estate privity.
• Rules for passing the benefit and burden of leasehold covenants and enforceability – Landlord & Tenant (Covenants) Act 1995 reforms liability on assignment.
• Purpose and effect of an alienation covenant – Controls assignment/sub-letting; consent must not be unreasonably withheld.
• Remedies for breach of leasehold covenants (including forfeiture) – Landlord may claim damages, specific performance or re-enter via forfeiture clause.
• Different ways a lease can be terminated – Expiry of term, surrender, break clause, forfeiture or merger end the tenancy.

Practice & Consolidation

Now that you have covered the core topics for Land Law, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Land Law topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Property Practice

Building directly on Land Law, this subject covers the practical and procedural steps of property transactions, including freehold and leasehold conveyancing, title investigation, and property-related taxation.

Core Topics & Resources

1. Introduction to Property Transactions

• Key elements and structure of freehold and leasehold property transactions – Both routes share the same three-act structure: investigation, exchange, completion, but leaseholds add landlord consents and rent covenants.
• Differences between residential and commercial transactions – Commercial deals rely on the Standard Commercial Property Conditions, while homes use the Standard Conditions of Sale and the Conveyancing Protocol.
• Stages of a property transaction – Investigation → contract → completion → registration and tax; each step carries unique deadlines and risks.

2. Investigation of Title

• Registered and unregistered titles – Official copies create guaranteed title in registered land; unregistered land still relies on a 15-year epitome of deeds.
• Analyzing Land Registry official copy entries – Check property, proprietorship and charges registers for ownership, restrictions and mortgages.
• Analyzing an epitome of title and deducing ownership – Ensure a "good root" deed at least 15 years old and an unbroken chain.
• Easements and restrictive covenants – Look for burdens on use; easements must satisfy Re Ellenborough Park tests.
• Positive covenants and their enforceability – Generally do not bind successors unless backed by chains of indemnity.
• Mines and minerals reservations – Title may exclude sub-surface strata, affecting development value.
• Co-ownership issues – Check for Form A restrictions signalling tenants-in-common.
• Mortgages and charges – Legal charges appear on the charges register and rank by registration date.
• Notices and their implications – Agreed or unilateral notices protect third-party rights and affect priority.
• Identifying and resolving title issues – Options include indemnity insurance, variation deeds or requisition to Land Registry.
• Purpose and process of reporting to the client – Solicitor's report summarises risks, finance conditions and contract terms before exchange.

3. Pre-Contract Searches and Enquiries

• Range and purpose of searches and enquiries – Reveal public obligations, planning issues and hidden liabilities.
• Local Land Charges Register searches – Disclose planning, conservation area and financial charges binding successors.
• Pre-contract enquiries of the seller – TA6/CPSE forms elicit material facts beyond the register.
• Water and drainage enquiries – Confirm mains connections and adoption of sewers.
• Environmental searches – Identify contaminated land that may trigger remediation notices.
• Chancel repair searches – Historic liability for church repairs can still bind land.
• Flood and mining searches – Insurers insist where risk indicators show exposure.
• Index map searches – Check for pending first registration or caution against first registration.
• Personal inspection and survey reports – Reveal boundary or structural issues not recorded elsewhere.
• Bankruptcy searches – Required by lenders to ensure seller/buyer solvency.
• Who conducts searches and raises enquiries – Buyer's solicitor instructs search providers; CPSE enquiries often raised by commercial purchasers.
• Interpreting and reporting search results – Highlight material risks and recommend indemnity policies or retention monies.

4. Progressing to Exchange of Contracts

• Law Society Conveyancing Protocol – Sets best-practice steps for residential sales; CQS firms must follow it.
• Finance and mortgages – Mortgage offer conditions must be satisfied and reported on before exchange.
• Sources of finance and types of mortgage – Repayment, interest-only, buy-to-let and commercial loans each carry unique undertakings.
• Acting for a lender: requirements and certificates of title – Use CML Handbook and supply Form 1 Certificate of Title.
• Timing for issuing certificates to lenders – Usually five working days before completion to release funds.
• Contracts: Standard Conditions of Sale and Standard Commercial Property Conditions – Provide boilerplate on risk, insurance, apportionments and default interest.
• Special conditions in contracts – Tailor deposit, planning or overage clauses to specific deal risks.
• Methods of holding a deposit (stakeholder, agent) – Stakeholder holds neutrally; agent lets seller use funds before completion.
• Insurance and risk considerations – Risk passes on exchange under Standard Conditions unless varied.
• VAT implications in property contracts – Opt-to-tax may make sale standard-rated; contract must specify.
• Practice, method, and authority to exchange contracts – Contracts exchanged by phone under the "Formula B" code for signing and exchange.
• Consequences of exchange – Creates binding equitable interest; parties liable for completion.

5. Pre-Completion Steps

• Form of transfer deed and execution formalities – TR1 must be executed as a deed and comply with LP(MP)A 1989 s.1.
• Pre-completion searches – OS1/OS2 and bankruptcy searches freeze the register priority for 30 days.
• Pre-completion steps and checklists – Confirm funds, undertakings and completion statements.

6. Completion and Post-Completion Steps

• Methods and effect of completion – Typically use the Code for Completion by Post; title and risk pass on dated TR1.
• Post-completion steps – Submit SDLT/LTT return, apply for registration and serve notices to tenants/lenders.
• Registration at Land Registry – Must lodge AP1 within priority period with certified deed and SDLT5.
• Payment of Stamp Duty Land Tax or Land Transaction Tax – SDLT payable within 14 days; Wales uses LTT.
• Notifying relevant parties – Advise insurers, managing agents and utility providers of new ownership.

7. Remedies for Delayed Completion

• Common law damages – Buyer may recover losses caused by seller's breach beyond contractual interest.
• Contractual compensation – Standard Conditions impose daily interest on the defaulting party.
• Notice to complete – Gives defaulting party 10 working days to complete before rescission.
• Rescission of the contract – Allows innocent party to walk away and recover deposit when conditions met.

8. Leases and Underleases

• Structure and content of a lease – Demise, term, rent, user, repair and alienation covenants form the core clauses.
• Repair obligations – Full repairing and insuring (FRI) leases shift maintenance to the tenant.
• Insurance provisions – Landlord insures and recovers premium via service charge or direct reimbursement.
• Alterations and improvements – Generally require landlord consent; absolute or qualified covenants specify.
• Use and planning permissions – User covenants control planning class; breach may forfeit lease.
• Rent and rent review mechanisms – Open-market, fixed uplift or index-linked reviews adjust rent during term.
• Alienation clauses (assignment, subletting) – Landlord cannot unreasonably withhold licence under s.19(1) LTA 1927.
• Options for the term of a lease – Break clauses, options to renew or extend add flexibility.
• Code for Leasing Business Premises – RICS code promotes fair terms and transparency in commercial leases.

9. Granting a Lease or Underlease

• Drafting the lease – Use model clauses and comply with s.1 LP(MP)A for deed execution.
• Purpose of an agreement for lease – Binds parties pending landlord works or planning consent.
• Deduction of title by the landlord – Landlord shows good title like a sale; tenant's solicitor investigates.
• Pre-contract enquiries and searches – Tenant raises CPSE enquiries geared to occupational risks.
• Pre-completion formalities – OS2 search protects leasehold priority and SDLT/LTT returns prepared.
• Completion and post-completion steps – Register lease over seven years with Land Registry and pay SDLT if due.

10. Assignment of a Lease

• Deduction of title by the assignor – Provide official copies and lease counterpart to prove title.
• Pre-contract enquiries and searches – Focus on rent arrears, service-charge disputes and compliance with covenants.
• Obtaining landlord's consent – Licence to assign must be granted within reasonable time per s.1 LTA 1988.
• Deed of assignment and covenants for title – Executed as deed; limited title guarantee typical.
• Authorized guarantee agreements – Outgoing tenant may guarantee assignee's performance under 1995 Act.
• Pre-completion formalities – OS1/OS2 searches and lender consent if charged.
• Completion and post-completion steps – Notify landlord, register the assignment and pay SDLT if consideration exceeds threshold.

11. Leasehold Covenants and Issues

• Leases granted on or after 1 January 1996 – Liability governed by Landlord & Tenant (Covenants) Act 1995; outgoing tenant released unless AGA given.
• Leases granted before 1 January 1996 – Original tenant remains liable for whole term under privity of contract.
• Remedies for breach of leasehold covenants – Landlord may sue, distrain (commercial rent arrears recovery) or forfeit.
• Termination of a lease – Break clauses, surrender, forfeiture or effluxion of time.
• Security of tenure under a business lease – Sections 24-28 LTA 1954 give renewal rights unless contracted out.

12. Planning Law in Property Transactions

• Statutory definition of 'development' – Includes building, engineering or material change of use (TCPA 1990 s.55).
• Matters not constituting development – Internal alterations and some changes of use via Use Class Order.
• Matters not requiring express planning permission – Permitted development rights under GPDO.
• Building regulation control – Separate regime ensures structural safety and energy efficiency.
• Obtaining planning permission – Applications via local authority; Section 106 or CIL may impose obligations.
• Enforcement: time limits and local authority powers – Four-year rule for operational development; 10 years for change of use.

13. Taxation in Property Transactions

• Stamp Duty Land Tax and Land Transaction Tax – SDLT applies in England; Wales levies LTT—rates vary by consideration bands.
• Value Added Tax considerations – Opt-to-tax pulls commercial property into 20% VAT; residential exempt.
• Capital Gains Tax implications (overview) – Disposals by individuals may trigger CGT; principal-private-residence relief may apply.

Practice & Consolidation

Now that you have covered the core topics for Property Practice, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Property Practice topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Trusts

This module covers the nature and creation of trusts, the roles and responsibilities of trustees, the rights of beneficiaries, and the remedies available for breach of trust or fiduciary duty.

Core Topics & Resources

1. Introduction to Trusts

• Definition and purpose of trusts – Separates control from benefit to protect or manage property for another's advantage.
• Roles of settlor, trustee, and beneficiary – Settlor creates, trustee manages, beneficiary enforces the obligations.
• Types of trusts: express, implied, resulting, constructive, and charitable – Classifies trusts by their mode of creation and purpose, with charity enjoying special privileges.

2. Creation and Requirements of Express Trusts

• The three certainties: intention, subject matter, and objects – A trust fails unless the settlor's intention, the property and the beneficiaries are all certain.
• Certainty of intention to create a trust – Look for imperative words or conduct rather than labels.
• Certainty of subject matter (trust property) – Trust fund must be segregated or identically interchangeable assets.
• Treatment of parts of groups of things – Identical shares (e.g., 50 of 950 shares) can be certain; vague "bulk" descriptions cannot.
• Certainty of objects (beneficial interests) – Fixed trusts need a complete list; discretionary trusts use the "is or is not" test.
• Fixed interest trusts and discretionary trusts – Determines whether beneficiaries can demand income or only consideration.
• Administrative unworkability – Courts strike down trusts for classes too wide to administer.
• The beneficiary principle and the rule against perpetuities – Trusts must be enforceable by beneficiaries and vest within the perpetuity period.
• Formalities for creating express inter vivos trusts – Land requires signed writing; personalty may be oral unless statute intervenes.
• Constitution of express inter vivos trusts – Title must actually pass to trustees; equity will not perfect an imperfect gift.
• Exceptions to the rule that equity will not assist a volunteer – Strong v Bird, donationes mortis causa and proprietary estoppel bypass constitution.

3. Beneficial Entitlement

• Fixed, discretionary, vested, and contingent interests – Defines when a beneficiary has an immediate, defeasible or future right.
• Successive interests in trusts – Life tenant and remainderman can coexist under the same trust.
• The rule in Saunders v Vautier and its application – Adult beneficiaries of full capacity can collapse the trust and demand the fund.

4. Charitable Trusts and Non-Charitable Purpose Trusts

• Definition and characteristics of charitable trusts – Must fall within Charities Act 2011 purposes and satisfy the public benefit test.
• Advantages of charitable status – Enjoy tax reliefs and freedom from the perpetuity rule.
• Non-charitable purpose trusts and their limitations – Generally void unless they fit anomalous exceptions (e.g., tomb maintenance).
• Distinctions between charitable and non-charitable purpose trusts – Enforceability by Attorney General versus beneficiary principle.

5. Implied Trusts and Trusts of the Family Home

• Resulting trusts: presumptions and how they arise – Equity presumes contributing purchasers meant a trust unless rebutted.
• Presumption of resulting trust in purchase money situations – Applied where one party pays but land registered in another's name.
• Presumption of advancement and its rebuttal – Gift presumed between parent–child or spouses unless evidence shows otherwise.
• Automatic resulting trusts – Arise when an express trust fails or surplus remains.
• Common intention constructive trusts – Equity shares the home according to parties' express or inferred intentions.
• Establishing a common intention (express and inferred agreements) – Statements or conduct (e.g., pooling income) evidence intention.
• Direct and indirect contributions – Mortgage payments or homemaking may ground a beneficial share.
• Legal title in sole or joint names – Starting point follows the register but can be rebutted by contrary intention.
• Proprietary estoppel: requirements and applications – Assurance, reliance, detriment and unconscionability create an equitable equity.
• Joint ownership and equitable interests in the family home – Courts quantify shares to achieve fair outcome (Jones v Kernott).

6. Trustees: Appointment, Duties, Powers, and Liabilities

• Who can be a trustee – Any adult with capacity; minimum of two for land holds.
• Appointment, removal, and retirement of trustees – Governed by Trusts of Land and Appointment of Trustees Act 1996 and the trust instrument.
• Trustees' general duties and duty of care – Trustee Act 2000 s.1 imposes objective duty of care.
• Duty to invest and powers relating to investment – Must consider suitability, diversification and review the portfolio.
• Types of authorized investments under the Trustee Act 2000 – Includes shares, land and collective schemes unless restricted.
• Duties governing investment decisions – Take advice and act even-handedly between income and capital beneficiaries.
• Statutory powers of maintenance and advancement – Trustee Act 1925 ss.31-32 allow use of income and capital for beneficiaries' benefit.
• Trustees' statutory power of maintenance - Trustees can apply income for maintenance of beneficiaries.
• Trustees' statutory power of advancement – Trustees can advance capital to beneficiaries, subject to conditions.
• Delegation of trustee duties and powers – s.11 Trustee Act 2000 permits delegation with written policy statement.
• Whether trustees can be compelled to exercise their powers or discretion – Court may direct trustees if they act capriciously.
• Breach of trust: personal liability and measure of liability – Trustees must restore the fund or account for unauthorised gains.
• Protection of trustees and limitation periods – s.61 Trustee Act 1925 and limitation statutes may relieve honest trustees.

7. The Fiduciary Relationship and Its Obligations

• Definition of fiduciary relationships – Relationship of trust and confidence requiring loyalty.
• Identifying fiduciaries (trustees, agents, company directors) – Equity looks to substance over form.
• Duty not to profit from fiduciary position – Strict rule from Keech v Sandford bars trustee from personal gain.
• Duty to avoid conflicts between personal interest and duty – Self-dealing and fair-dealing rules police conflicts.
• Trustees not to purchase trust property – Any sale can be set aside unless fully informed consent obtained.
• Rules regarding dealing with trust property – Trustees must act unanimously unless instrument provides otherwise.
• Competition with the trust and incidental profits – Any gain must be disgorged to the trust.
• Use of information or opportunities gained through fiduciary position – Bray v Ford principle prevents exploitation of confidential opportunity.
• Remuneration of trustees and exceptions – Trustees unpaid unless authorised by the trust or court.
• Remedies for breach of fiduciary duties – Account of profits, rescission and equitable compensation restore the trust.

8. Trustees' Liability for Breach: Proprietary Claims

• Understanding proprietary claims – Allows beneficiaries to claim specific property rather than money.
• Tracing trust property in equity – Foskett v McKeown sets modern tracing principles.
• Situations with no change in trust property – Beneficiary can simply claim the asset back.
• Clean substitutions and following assets – If trustee swaps trust funds for new asset, beneficiary can elect to follow.
• Mixing of trust property with other property – Re Hallett and Re Oatway give beneficiaries choice of asset or charge.
• Rules for allocating withdrawals from mixed accounts – First-in-first-out (Clayton's case) or lowest intermediate balance rules may apply.
• Equitable remedies available for proprietary claims – Constructive trust, equitable lien and subrogation restore value.

9. Equitable Remedies and Tracing

• Nature and purpose of equitable remedies – Aim to do practical justice where common-law damages fall short.
• Injunctions, specific performance, equitable compensation – Prevent or compel acts and compensate loss caused by breach.
• Availability and limitations of tracing in equity – Breaks if property reaches bona fide purchaser without notice.
• Comparison between common law and equitable tracing – Common law fails once property is mixed; equity is more flexible.

10. Remedies Against Third Parties: Recipient and Accessory Liability

• Liability of strangers to the trust – Equity extends relief to those who receive or assist in misapplied assets.
• Establishing recipient liability (knowing receipt) – Stranger must have received trust property for own benefit with knowledge of breach.
• Criteria for knowing receipt – Receipt, traceable property, fault-based knowledge per Baden scale.
• Establishing accessory liability (dishonest assistance) – Requires breach of trust, assistance and dishonesty per Twinsectra test.
• Criteria for accessory liability – Objective dishonest conduct viewed through a reasonable person's eyes.
• Claims against wrongdoers and remedies – Account of profits or equitable compensation restore loss.
• Claims against innocent volunteers – Strict personal liability does not attach; proprietary claim may still reach assets.
• Defenses available to innocent volunteers – Change of position can defeat restitutionary claims.
• Equitable proprietary claims against third parties – Tracing into substitute property allows recovery in priority to unsecured creditors.

Practice & Consolidation

Now that you have covered the core topics for Trusts, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Trusts topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Wills and the Administration of Estates

This module addresses the creation of valid wills, the rules of intestacy for those who die without a will, the process of obtaining a grant of representation, and the administration and taxation of a deceased's estate.

Core Topics & Resources

1. Introduction to Wills and Estate Planning

• Purpose and function of wills – Lets a testator choose who inherits and appoint trusted executors, avoiding the rigid intestacy regime.
• Overview of estate administration – Personal representatives collect assets, pay debts/tax, then distribute the net estate.
• Roles of personal representatives and trustees – Executors administer; trustees hold ongoing trusts for beneficiaries.

2. Validity of Wills and Codicils

• Testamentary capacity – Banks v Goodfellow test: understand the will, property and moral claims, free of delusion.
• Effects of illness on capacity – Temporary lucidity can suffice; cognitive decline may invalidate later instructions.
• Intention to make a will – Document must show animus testandi—an intention the writing operate as a will.
• Duress, undue influence, and mistake – Coerced or mistaken wills are set aside by probate court.
• Formal requirements under the Wills Act – Must be in writing, signed, and witnessed by two attesting witnesses.
• Execution and witnessing formalities – Witnesses must see the signature (or acknowledgment) and sign in the testator's presence.
• Solicitors' duties in will preparation – Owe skill, care and checking capacity/undue influence to avoid negligence.

3. Alterations and Amendments to Wills

• Effect of alterations before execution – Part of the will if apparent at execution and properly attested.
• Effect of alterations after execution – Ineffective unless re-executed or validated by a properly executed codicil.
• Use and effect of codicils – Later testamentary document that republishes the will as amended.
• Revocation and re-execution of altered wills – A materially defaced will may require fresh execution or replacement.

4. Revocation of Wills

• Revocation by later will or codicil – Express clause or inconsistency cancels earlier wills.
• Revocation by destruction – Burning or tearing with revocatory intent extinguishes the will.
• Impact of marriage or civil partnership on a will – Marriage normally revokes an earlier will unless made in contemplation.
• Effect of divorce or dissolution on will provisions – Spouse treated as pre-deceased; gifts and appointments lapse.

5. Interpretation of Wills and Failure of Gifts

• Principles of interpreting wills – Courts seek the testator's intention from the wording and admissible context.
• Establishing the testator's intention – Extrinsic evidence allowed where wording is ambiguous.
• Rectification of wills – Court may correct clerical errors or failures to reflect instructions.
• Types of gifts: specific, general, demonstrative, pecuniary, residuary – Classification affects ademption and abatement order.
• Failure of gifts: uncertainty, beneficiary as witness, divorce – Uncertain or prohibited gifts lapse; witness only loses benefit.
• Ademption and abatement – Sold asset adeems; insufficient estate forces proportional cuts to legacies.
• Lapse, disclaimer, and forfeiture – Gift lapses if beneficiary dies first; disclaimers and forfeiture rules redirect assets.

6. Property Passing Outside the Estate

• Jointly owned property – Survivorship passes the asset automatically to the co-owner.
• Life insurance policies – Trust or nomination clauses pay proceeds directly to beneficiaries.
• Pension scheme benefits – Scheme trustees exercise discretion; benefits bypass probate and IHT.
• Trust property – Assets already settled remain outside the deceased's estate.
• Nominated property – Credit-union or friendly-society nominations pay directly to nominees.

7. Intestacy Rules

• Overview of intestacy – Statutory scheme applies when no valid will disposes of property.
• Distribution under s46 Administration of Estates Act 1925 – Sets spouse and issue shares and statutory trusts.
• Statutory trusts for minors and life interests – Protects minors until 18 and provides life interests for spouses.
• Partial intestacy – Un-disposed residue passes under intestacy despite a will.

8. Personal Representatives

• Appointment of executors – Named in the will; take office immediately on death.
• Renunciation and reservation of power – Executor may renounce or allow others to prove first.
• Administrative powers of personal representatives – Wide statutory powers to collect, sell and distribute estate assets.
• Trustee Act 1925 and Trustee Act 2000 provisions – Duties of care and investment mirror trustee standards.
• Trusts of Land and Appointment of Trustees Act 1996 – Governs co-owned land held by PRs during administration.

9. Grants of Representation

• Need for a grant of representation – Banks, asset-holders and buyers require sealed grant before releasing property.
• Types of grants: probate and letters of administration – Probate proves executors; PA1A letters appoint administrators on intestacy.
• Non-Contentious Probate Rules – Set procedural framework for grant applications.
• Application procedures – Online or paper forms with oath/statement of truth and IHT account.
• Contentious probate: caveats and citations – Caveat blocks grant; citation forces executor to accept or refuse probate.
• Required documentation and evidence – Original will, death certificate, valuations and completed tax forms.
• Forms PA1P and PA1A – Prescribed probate / intestacy application forms.
• Valuation of assets and liabilities – Determines IHT and whether estate is excepted.
• Excepted estates: small and exempt estates – Streamlined reporting where estate value or spouse/charity exemption applies.
• Inheritance Tax implications – PRs liable to account and pay before grant sealed.
• Methods of funding initial Inheritance Tax payment – Direct payment scheme or executor's personal funds recoverable from estate.
• Burden and incidence of Inheritance Tax – Tax normally borne by residue unless will directs otherwise.

10. Administration of Estates

• Duties of personal representatives – Collect assets, pay debts/tax, keep accounts, distribute in due order.
• Liabilities and protection of personal representatives – May be personally liable; can advertise for creditors and seek court directions.
• Dealing with unknown and known beneficiaries – Section 27 Trustee Act advertisements protect against later claims.
• Sale of assets to pay debts, taxes, and expenses – Statutory order of payment prioritises funeral, tax, secured then unsecured debts.
• Handling secured and unsecured debts – Secured creditors paid from charged asset; unsecured from residue.
• Administration of solvent and insolvent estates – Insolvent estates follow Insolvency Rules order of priority.
• Distribution of specific and pecuniary legacies – After "executor's year" unless earlier directed.
• Timing for distribution of legacies – Interest payable on pecuniary legacies after one year from death.
• Finalizing the estate accounts – PRs prepare final accounts and obtain beneficiaries' receipts to discharge liability.

11. Inheritance Tax on Lifetime Transfers and Transfers on Death

• Overview of Inheritance Tax (IHT) – 40 % charge on transfers of value beyond nil-rate band at death.
• Lifetime transfers: PETs and LCTs – PETs become chargeable if death within seven years; LCTs taxed at 20 %/25 %.
• Effect of death on PETs and LCTs – Taper relief reduces tax after three years.
• Transfers on death – Estate assets aggregated and taxed after exemptions.
• Exemptions and reliefs – Spouse, charity, annual and small-gift exemptions apply.
• Business and agricultural property reliefs – 50–100 % relief shields qualifying trading assets.
• Residential nil rate band – Extra allowance when home passes to direct descendants.
• Calculating IHT liability – Cumulate chargeable transfers, deduct reliefs, apply taper and tax.
• Valuation principles and transfer of value – Market value basis and diminution of estate approach.
• Nil rate band and tax rates – NRB frozen at £325 k to 2028; main rate 40 %.
• Anti-avoidance provisions – GROB, POAT and arrangements with reservation close planning loopholes.

12. Income Tax and Capital Gains Tax During Estate Administration

• Personal representatives' liability to Income Tax – Taxed on estate income at basic rate during administration.
• Personal representatives' liability to Capital Gains Tax – Annual CGT allowance and rates similar to individuals but no main-home relief.
• Beneficiaries' liability to CGT on inherited assets – Assets re-base to probate value; CGT only on post-distribution gains.
• Tax compliance and reporting requirements – PRS submit estate tax returns and R185 statements to beneficiaries.

13. Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

• Purpose of the Act – Allows court to vary estate for dependants lacking reasonable provision.
• Time limits for making a claim – Must issue within six months of grant.
• Eligible applicants – Spouse, civil partner, cohabitant, child, dependant.
• Grounds for claims – Court considers claimant's needs, resources and any obligations the deceased owed.
• Factors considered by the court – Age, health, financial position, any disability and the estate size.
• Impact on estate distribution – Successful claim redistributes assets to meet reasonable provision.

14. Personal Representatives and Trustees in Estate Administration

• Roles and duties of trustees arising from wills and intestacy – Hold and invest residue for minors or life tenants after administration.
• Powers of personal representatives and trustees – Derived from will, statute and general law—include power of sale and investment.
• Rights and remedies of beneficiaries – Can compel proper administration and sue for breach.
• Trusts created during estate administration – E.g., statutory trusts for minors on intestacy.
• Protection for personal representatives and trustees – Indemnities in will, court directions and advertisement for creditors.
• Remedies available to beneficiaries – Account, removal, replacement or equitable compensation for loss.

Practice & Consolidation

Now that you have covered the core topics for Wills & Administration of Estates, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Wills & Administration of Estates topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Criminal Law and Practice

This module covers the core principles of criminal liability, key offences against the person and property, and the procedural pathway from police station advice to trial, sentencing, and appeal.

Core Topics & Resources

1. Core Principles of Criminal Liability

• Actus reus – The external element: a voluntary act, omission or state of affairs the law forbids.
• Mens rea – The "guilty mind" such as intention or recklessness that must accompany the act.
• Coincidence of actus reus and mens rea – Both elements must exist at the same moment (with continuing-act and single-transaction safety-nets).
• Strict liability offences – Regulatory crimes that dispense with mens rea, usually for public-welfare reasons.
• Causation in criminal law – "But-for" and legal causation tests link the defendant's act to the prohibited consequence.

2. Parties to an Offence and Inchoate Offences

• Principal offenders – Persons who personally perform the actus reus with mens rea.
• Accomplices and secondary liability – Aid, abet, counsel or procure: liable as if principals.
• Joint enterprise – Liability for crimes you intentionally assist or encourage; refined by R v Jogee.
• Inchoate offences: attempt to commit an offence – Criminal Attempts Act 1981 punishes acts "more than merely preparatory."

3. Offences Against the Person

• Assault – Causing another to fear immediate unlawful force.
• Battery – Actual infliction of unlawful force, however slight.
• Assault occasioning actual bodily harm (s 47) – Assault/battery causing "more than trivial" injury.
• Malicious wounding or inflicting grievous bodily harm (s 20) – Serious harm plus foresight of some harm.
• Wounding or causing grievous bodily harm with intent (s 18) – Most serious non-fatal offence; requires specific intent to cause serious harm.

4. Theft and Property Offences

• Theft (s 1 Theft Act 1968) – Dishonest appropriation of property belonging to another with intent permanently to deprive.
• Robbery (s 8) – Theft accomplished by force or threat of force at, or immediately before, stealing.
• Burglary (s 9) – Entry as trespasser with intent, or stealing/causing GBH having entered.
• Aggravated burglary (s 10) – Burglary while armed with firearm, weapon or explosive.

5. Fraud Offences

• Fraud by false representation – Making a dishonest false statement to gain or cause loss.
• Fraud by failing to disclose information – Omission to disclose where under legal duty, intending gain/loss.
• Fraud by abuse of position – Dishonest abuse of a position of trust for gain or to cause loss.
• Elements and defences related to fraud – Shared ingredients: dishonesty and intent; possible defences include honest-belief absence of dishonesty.

6. Criminal Damage

• Simple criminal damage – Destroying/damaging property of another without lawful excuse.
• Aggravated criminal damage – Same act but endangering life by the damage.
• Arson – Criminal damage by fire; carries a life-sentence maximum.
• Defences to criminal damage – Statutory lawful-excuse (belief in consent or necessity to protect property).

7. Homicide Offences

• Murder – Unlawful killing with intent to kill or cause GBH; mandatory life sentence.
• Voluntary manslaughter – Murder reduced by partial defences (loss of control or diminished responsibility).
• Involuntary manslaughter (unlawful act and gross negligence) – Serious unintended killings via dangerous act or gross-negligent breach.
• Partial defences: loss of control – Coroners & Justice Act 2009: qualifying trigger + loss of self-control.
• Partial defences: diminished responsibility – Abnormality of mental functioning substantially impairs responsibility.

8. General Defences

• Intoxication – May negate mens rea for specific-intent offences; rarely a full defence.
• Self-defence and defence of another – Reasonable force in defence under common law & CJIA 2008.
• Duress and necessity – Threat-based compulsion or "lesser-evil" may excuse crime (not murder).

9. Advising Clients at the Police Station

• Rights of a suspect under PACE 1984 (Code C) – Code C safeguards detention, treatment and questioning.
• Right to legal advice – Free independent legal advice on request under s 58 PACE.
• Right to have someone informed of arrest – PACE s 56: nominate a friend, relative or other party.
• Detention time limits and reviews – 24 h standard limit; inspector and superintendent extensions.
• Identification procedures (Code D) – Code D governs line-ups, video parades and fingerprints.
• When identification procedures must be held – Necessary where identity is disputed and suspect known.
• Types of identification procedures – Video parade, group identification, confrontation, fingerprints.
• Procedures for carrying out identification – Fair-conduct rules in Code D to reduce misidentification.
• Right to silence and adverse inferences – CJPOA 1994 ss 34-37 permit limited jury inference from silence.
• Role and conduct of the defence solicitor – Protects rights, advises on interviews, challenges breaches.
• Representation of vulnerable clients – Extra safeguards for youths or mentally-vulnerable suspects.
• Role of the appropriate adult – Supports juveniles or vulnerable adults during detention & interview.

10. Bail Applications

• Right to bail and exceptions – Bail Act 1976 presumption of bail subject to Schedule 1 exceptions.
• Conditional bail – Court may impose conditions to mitigate risks of absconding, interference or reoffending.
• Procedure for applying for bail – Application heard by magistrates; prosecution may oppose; reasons required if refused.
• Further applications and variations – Fresh grounds needed for repeat applications; variations via s 3(8) Bail Act.
• Appeals against bail decisions – Prosecution and defence routes under CJ Act 2003 and s 1C Bail Act.
• Consequences of absconding and breaches of bail – Offence of failing to surrender; surety liability; possible remand in custody.

11. First Hearings Before the Magistrates' Court

• Classification of offences (summary, either-way, indictable) – Determines venue, powers and procedural track.
• Applying for a representation order – Legal Aid application (means & merits) for criminal defence.
• Procedural overview of the first hearing – Charge read, plea entered, bail considered, venue decided.
• Role of the defence solicitor at the hearing – Advise on plea, bail, venue; protect client's interests.
• Plea before venue procedure – Defendant's plea dictates allocation for either-way offences.
• Advising the client on trial venue – Weigh magistrates' sentencing limits versus Crown Court jury.

12. Allocation of Cases Between Magistrates' Court and Crown Court

• Procedure under ss 19-20 & 22A Magistrates' Courts Act 1980 – Court decides suitability for summary trial.
• Sending cases without allocation (s 50A Crime and Disorder Act 1998) – Indictable-only offences sent straight to Crown Court.
• Factors influencing allocation decisions – Complexity, seriousness, sentencing powers, defendant's preferences.
• Defendant's right to elect trial venue – For either-way offences, defendant may insist on jury trial.

13. Case Management and Pre-Trial Hearings

• Magistrates' court case-management directions – CrimPR Part 3 overriding objective: efficient justice.
• Plea and Trial Preparation Hearing (PTPH) – Sets timetable for evidence and trial issues in Crown Court.
• Disclosure obligations for prosecution and defence – CPIA 1996 and CrimPR Parts 15-16.
• Handling of unused material – Prosecutor's continuing duty to disclose material undermining its case.
• Pre-trial applications and notices – E.g. bad-character, hearsay, special-measures applications.

14. Principles and Procedures to Admit and Exclude Evidence

• Burden and standard of proof – Prosecution: beyond reasonable doubt; defence proofs on balance.
• Visual identification evidence and Turnbull guidelines – Judicial warning safeguards against mistaken ID.
• Inferences from silence (ss 34-38 CJPOA 1994) – Failure to mention facts later relied on may weigh against defendant.
• Definition and admissibility of hearsay evidence – Criminal Justice Act 2003 Part 11 exceptions to rule.
• Grounds for admitting hearsay – Unavailable witness, business records, interests of justice.
• Confession evidence (ss 76 & 78 PACE 1984) – May be excluded if obtained oppression or unreliable.
• Bad character evidence & seven gateways (s 101(1) CJA 2003) – Sets routes for admitting previous misconduct.
• Procedure for admitting bad character evidence – Notice and application requirements in CrimPR Part 21.
• Court's powers to exclude bad character evidence – Discretion where admission would adversely affect fairness.
• Exclusion of evidence under s 78 PACE 1984 – Court may refuse unfair evidence's admission.
• Right to a fair trial – ECHR Art 6 and common-law fairness underpin exclusions.

15. Trial Procedure in Magistrates' Court and Crown Court

• Stages of a criminal trial – Opening, evidence-in-chief, cross-examination, submissions, summing-up, verdict.
• Submission of no case to answer – Defence may invite dismissal if prosecution lacks evidence.
• Modes of address and courtroom etiquette – "Your Worships" in mags; "My Lord/Lady" in Crown Court.
• Leading vs. non-leading questions – Leading allowed in cross; not in evidence-in-chief.
• Competence and compellability of witnesses – Youth and spouse rules; privilege exceptions.
• Special measures for vulnerable witnesses – Screens, live-link, intermediaries under YJCEA 1999.
• Solicitor's duty to the court – Must act with independence, integrity and candour.
• Role of judge and jury – Judge rules on law and evidence; jury decides facts.

16. Sentencing

• Role of sentencing guidelines – Courts must follow Sentencing Council guidelines unless injustice results.
• Determining seriousness (aggravating & mitigating factors) – Culpability + harm; factors in Council's expanded explanations.
• Types of sentences: custodial, suspended, and community orders – Criminal Justice Act 2003 Sentencing Code framework.
• Concurrent and consecutive sentences – Principles in Thomas and totality doctrine.
• Mitigation and plea in mitigation – Personal factors and early plea credit under Sentencing Code.
• Newton hearings – Trial-within-a-trial to resolve factual disputes affecting sentence.
• Ancillary orders (e.g., compensation, disqualification) – Additional powers under Sentencing Code Parts 7-9.

17. Appeals Procedure

• Appeals from the magistrates' court to Crown Court – Automatic right within 15 working days; rehearing.
• Procedure for appealing conviction and/or sentence – Notice to magistrates; appeal in Crown Court.
• Powers of the Crown Court on appeal – Confirm, quash, vary or order retrial.
• Appeal to the High Court by way of case stated – Point-of-law route under s 111 MCA 1980.
• Appeals from the Crown Court to the Court of Appeal – Leave required; safety test for convictions, manifestly excessive for sentence.
• Grounds for appeal – Error of law, material irregularity, unsafe verdict or wrong in principle sentence.
• Procedure for making an appeal – Form NG/APP, time-limits, single-judge filter.
• Powers of the Court of Appeal – Allow, dismiss, order retrial, substitute verdict or vary sentence.

18. Youth Court Procedure

• Jurisdiction and handling of grave crimes – Youth Court retains most cases but can commit grave crimes to Crown Court.
• Allocation procedures for youths jointly charged with adults – Court considers interests of justice vs. joint trial.
• Sentencing guidelines for children and young people – Sentencing Council definitive guideline emphasises welfare and rehabilitation.
• Referral orders – Mandatory for first-time guilty pleas to imprisonable offences, unless exceptional.
• Detention and training orders – Custody for 12-17 yr-olds, 4 to 24 months split custody/licence.
• Youth rehabilitation orders – Flexible community sentence with tailored requirements.
• Special considerations in youth sentencing – Welfare principle, lesser culpability, detention only as last resort.

Practice & Consolidation

Now that you have covered the core topics for Criminal Law & Practice, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Criminal Law & Practice topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Solicitors Accounts

A highly specific and technical module focused entirely on the SRA Accounts Rules. It covers the important distinction between client money and firm money, the operation of ledgers, and the accounting entries required for common transactions.

Core Topics & Resources

1. Introduction to Solicitors' Accounts

• Purpose and importance of compliance with the SRA Accounts Rules – Protects client money, underpins public confidence and avoids regulatory sanctions.
• Overview of client money and client accounts – Client money must be segregated and recorded in a designated client account.
• Understanding the Solicitors Regulation Authority (SRA) framework – Rules sit within the SRA Standards & Regulations, enforced through monitoring and accountants' reports.

2. Client Money

• Definition of client money – Rule 2.1: money held for clients, trusts or third parties in relation to regulated services.
• Requirement to pay client money into a client account – Must be banked "promptly" to safeguard funds from firm creditors.
• Exceptions: circumstances when client money may be withheld from a client account – Small disbursement transfers or money for professional disbursements may stay in office account.
• Requirement to keep client money separate from money belonging to the authorised body – Segregation prevents misuse and protects against insolvency risk.
• Repayment of client money to clients – Return promptly when no longer required for the matter, avoiding residual balances.
• Accounting entries related to client money transactions – Debit client-ledger cash, credit liability to client; mirror office-ledger entries keep books balanced.

3. Client Accounts

• Meaning and designation of a client account – Must be instant-access bank account titled "client account" and held in England & Wales.
• Obligation not to use client accounts to provide banking facilities – Rule 3.3 bans pure pass-through payments divorced from legal work.
• Permitted withdrawals from client accounts – Only for costs billed, disbursements paid, money due to client or on their proper written instructions.
• Requirement to pay interest on client money – Rule 7: pay a "fair sum" of interest or agree alternative in writing.
• Accounting entries required for client account transactions – Entries must be completed on the day of receipt or payment, cross-referenced to matter file.
• Understanding T-accounts and their application – Visual ledger showing debits (left) and credits (right) for double-entry control.
• Debits and credits in asset accounts – Asset increase = debit; decrease = credit—mirrors client-cash movements.
• Debits and credits in liability and equity accounts – Liability/equity increase = credit; decrease = debit, ensuring books balance.
• Solicitors' account entries and double-entry bookkeeping principles – Every posting has equal and opposite effect, enabling trial-balance checks.

4. Accounting Procedures and Entries

• Disbursements using the agency and principal methods – Agency disbursements sit in client ledger; principal disbursements attract VAT and go through office ledger.
• Transfers between client and office accounts – Permitted once costs are billed or to correct posting errors, always cross-referenced.
• Submission, reduction, and payment of bills, including VAT considerations – Bill triggers transfer from client to office; credit notes adjust liability and VAT output tax.
• Accounting for VAT elements in transactions – Output VAT recorded on office side; input VAT recoverable where firm is principal.
• Maintaining accurate client ledgers and records – Ledgers must show running balance for each matter and reconcile to cash book.

5. Breaches of the SRA Accounts Rules

• Duty to correct breaches promptly upon discovery – Rule 6: rectify and document steps; residual balances feature in accountants' report.
• Common types of breaches and how to prevent them – Frequent issues: using client account as bank, uncleared suspense ledgers, late transfers.
• Accounting entries required to rectify breaches – Reverse incorrect posting, re-post to correct ledger, document reason.
• Consequences and implications of non-compliance – Possible qualified accountants' report, SRA investigation, fines or practising-certificate conditions.

6. Record-Keeping Requirements

• Requirement to keep and maintain accurate records – Rules 8.1–8.2 mandate contemporaneous, chronological postings.
• Reconciliation of client accounts – Entire client-bank ledger reconciled every five weeks minimum.
• Keeping records of bills and financial transactions – Maintain copies of bills and VAT records for six years.
• Storage and retention of accounting records – Rule 8.5: keep for at least six years, electronic or hard copy.
• Obligations under the SRA Accounts Rules regarding record-keeping – Failure can lead to qualified accountants' report and enforcement.

7. Joint Accounts and Third-Party Managed Accounts

• Operation of joint accounts – Joint accounts with clients must follow Rule 9 safeguards and be named appropriately.
• Operation of a client's own account – Acting as signatory requires written authority and ledger control.
• Understanding third-party managed accounts – TPMAs provide FCA-regulated escrow alternative, reducing firm risk.
• Accounting procedures for special account types – Record funds on client-by-client basis and reconcile statements.

8. Accountants' Reports and Regulatory Compliance

• Obtaining and delivering accountants' reports – Firms holding client money must obtain report within six months of accounting period end.
• Requirements and contents of accountants' reports – Report confirms compliance or lists "qualifications" where client money at risk.
• Deadlines and submission procedures – Only qualified reports are filed with SRA; unqualified may be kept on file.
• Role of accountants in ensuring compliance – Independent tester of systems, spotting breaches and advising corrections.
• Storage and retention of accountants' reports – Keep for at least six years alongside reconciliation evidence.

Practice & Consolidation

Now that you have covered the core topics for Solicitors Accounts, test your understanding and identify weak areas with a set of practice questions. These questions are designed to reflect the style and complexity of those you will encounter in the actual SQE1 exam.

You can also try the following flashcards to reinforce your understanding of Solicitors Accounts topics. These cards cover key concepts and definitions that are essential for the SQE1 exam.

Stage IV: Mock-Exam Practice

You have now covered the entire syllabus. The final stage is to transition from subject-specific knowledge to applied exam technique under timed conditions. This is where your preparation comes together. The next 3-4 weeks are not about learning new material, but about consolidating everything you've learned, perfecting your timing, and building the mental stamina required for two 90-question papers, each lasting 2 hours and 33 minutes.

This final stage is a four-step cycle. Repeat it until you are consistently meeting your target.

Step 1: Test

Your first priority is to complete multiple full-length mock exams for both FLK1 and FLK2. Don't just answer questions; replicate the exam environment. A full paper consists of 180 questions, split into two 90-question sessions. The SRA allocates 2 hours and 33 minutes per session. Stick to this timing rigidly. Eliminate distractions and treat every mock as the real thing.

When planning your exam preparation, consider your time management strategy. In the actual SQE1, each FLK contains 180 questions divided into two sessions. You'll have 2 hours and 33 minutes per session to complete 90 questions, giving you roughly 1.7 minutes per question. Remember that some questions may require more time than others to answer.

FLK1 Mock-Exam Practice

FLK2 Mock-Exam Practice

Step 2: Analyse

After each mock, don't just check your score. A percentage is useless without context. Your analysis must cover two things: your accuracy and your timing.

In the real exam, you get 2 hours and 33 minutes for 90 questions. This breaks down to roughly 1.7 minutes per question. This is your benchmark. Remember, some questions will be faster, and some will be slower. When reviewing your mock, identify the questions that took you significantly longer. Time pressure mistakes are not accidents; they are data points showing where your pace is letting you down or where you are getting stuck.

Alongside timing, you must create an error log. For every single incorrect answer, record the subject, the specific topic, and—most importantly — why you got it wrong. Was it a knowledge gap, a misinterpretation of the question, or a calculation error? Be brutally honest. This log is your roadmap to improvement.

Step 3: Review

Your error log now dictates your revision. Do not waste time re-reading subjects you're scoring well in. If your log shows a pattern of weakness in, for example, the rules on disclosure in Dispute Resolution or the exceptions to the beneficiary principle in Trusts, go back to those specific sections of this guide and your notes. Focus your energy with surgical precision on plugging your identified knowledge gaps.

Step 4: Repeat

Now, take another mock exam. Your goal is to see a measurable improvement in the areas you just reviewed. The cycle of Test → Analyse → Review → Retest is the fastest and most efficient way to increase your score. Keep tracking your performance in a table like the one below.

Note: This table uses your raw score (e.g., 62/90). The SRA automatically converts your final raw score out of 180 to the scaled score out of 500. Do not attempt to scale the scores yourself; focus on increasing the raw number of correct answers.

Interpreting Your Results

It is important to understand that the SQE1 does not have a fixed percentage pass mark that is known in advance.

Your goal is simple: answer as many questions correctly as you can. Every correct answer moves you closer to the standard of a competent solicitor and that passing score of 300. Focus on maximising your raw score through the Test -> Analyse -> Review -> Retest cycle.

The pass mark is determined for each sitting by a panel of experienced solicitors using the "Modified Angoff" method. They assess each question to determine the probability that a 'just competent' newly qualified solicitor would answer it correctly. This, combined with statistical analysis, sets the pass mark for that specific exam paper, ensuring the standard is consistent over time.

Since January 2024, your final result is reported as a scaled score out of 500, with 300 being the pass mark. Your raw score (the number of questions you answer correctly out of 180) is converted to this scaled score. This process accounts for minor differences in difficulty between different exam sittings, ensuring fairness.

While the pass mark fluctuates, anecdotal evidence from past sittings suggests that candidates are generally safe if they consistently achieve a raw score of around 60-65% (approx. 108-117 out of 180) in mock exams under timed conditions. Aiming for this range during your Stage IV practice is a sound strategy.

Reference Materials

Use these official links for the most accurate and up-to-date information.

• SQE1 Assessment Specification
• SQE1 Exam Dates
• SQE1 Assessment Day
• Pearson VUE SQE1 Demo Test
• SQE Marking and Standard Setting Policy
• Understanding your SQE1 Results