Well, you’ve finally decided! You will sit the Solicitors Qualifying Examination (SQE). You can see the finish line from here, but this test stands in the way of your future. Considering the amount of information available, you may find yourself unfamiliar with the mechanics of the exam and unsure of the terminology that’s being thrown around (FLK1, FLK2… what are those?). It is important to cut through the noise to focus on what’s important, in order to study smart! Here, we will do a brief walk-through of the SQE1 and answer student questions that may sound familiar to you.
Figure out the basics of SQE1
Location
SQE1 is delivered through test centres administered by Pearson VUE. The assessments will be available in designated examination centres in England and Wales, as well as some international locations.
Testing Mode
SQE1 assessments are computer-based.
SQE1 is an entirely closed-book exam.
The questions are single-best-answer multiple choice.
Each question is followed by 5 possible answers.
Candidates should mark only one answer for each question.
Click here to view SQE1 sample questions.
Components
SQE1 assessments are computer-based.
SQE1 is an entirely closed-book exam.
The questions are single-best-answer multiple choice.
Each question is followed by 5 possible answers.
Candidates should mark only one answer for each question.
Click here to view SQE1 sample questions.
Duration
Each session is 2hrs 33min. Thus, there is approx. a total of 10hrs 12min when you will actually be sitting in your chair taking the exam.
A 60-minute break is scheduled at the end of the first session on each day.
TIP: With simple math, you can plan how rapidly you must answer in order to finish on time. For example, if there are 90 questions in a session, then you have approx. 2min 42s per answer. Stay on course!
Expectation of the knowledge required
Depth & Breadth
The questions are designed to test the application of fundamental legal principles which can be expected of a newly qualified solicitor without reference to books and notes.
The questions are not designed to test matters of detail which a newly qualified solicitor would be expected to look up.
Candidates are required to know and be able to use case names, statutory provisions, etc. However, candidates are not required to recall specific case names or cite statutory or regulatory authorities.
Functioning Legal Knowledge
SQE1 tests 13 subject areas: Business Law and Practice, Dispute Resolution, Contract, Tort, Legal System of England and Wales, Public Law, Legal Services, Property Law and Practice, Land Law, Wills and the Administration of Estates, Solicitors Accounts, Trusts and Criminal Law and Practice.
The knowledge required of SQE1 candidates are that of Functioning Legal Knowledge (FLK). FLK is simply the knowledge you are expected to have in relation to the subject areas.
SQE1 will not include a skills assessment. Instead, skills are assessed through SQE2.
Crossover Questions
Questions can test on one subject area, or they might cover more than one subject area.
For example, you could have a purely contract law question, or you may have a contract law and dispute resolution crossover question that tests both areas of law.
Crossover questions would be from subject areas covered within the same FLK Assessment. In other words, you will not have a crossover question that covers subject areas from FLK1 and FLK2 at the same time.
Law Updates
Candidates will be tested on the law as it stands at the date of the assessment. They will not be assessed on the development of the law.
You must take any resits within 6 years of your first SQE sitting. You will only be allowed 3 attempts at each assessment. You cannot book SQE2 until you have received your results and passed SQE1. If you fail these, at the end of the 6 years you can start again from the beginning.
What will the SQE1 assessments test?
Click on the subject area to see a checklist of the topics included in each
BUSINESS LAW AND PRACTICE (FLK1)
(1) Starting a new business: Business and organisational characteristics (sole trader, partnership, LLP, private companies and unlisted public companies), legal personality, limited liability, procedures and documentation required to incorporate a company/form a partnership/LLP, and other steps required under companies and partnerships legislation to enable the entity to commence operating (constitutional documents and Companies House filing requirements).
(2) Financing a business: Funding options (debt and equity), types of security, distribution of profits and gains, financial records, information and accounting requirements.
(3) The interests, rights, obligations and powers of stakeholders in a company: Rights, duties and powers of directors and shareholders of companies and minority shareholder protection.
(4) Corporate governance & compliance: Company decision-making and meetings (procedural, disclosure & approval requirements), documentary, record-keeping, statutory filing and disclosure requirements, and appointment and removal of directors.
(5) Partnership decision-making and authority of partners: Procedures and authority under the Partnership Act 1890 and common provisions in partnership agreements.
(6) Insolvency (corporate insolvency and personal bankruptcy): Options and procedures (CVA/IVA, bankruptcy, administration, receivership, fixed asset voluntary and compulsory liquidation), claw-back of assets for creditors (preferences, transactions at an undervalue, fraudulent and wrongful trading, setting aside a floating charge), and order of priority for distribution to creditors.
(7) Taxation of a business and its stakeholders: Income Tax (chargeable persons/entities including employees, sole traders, partners, shareholders, lenders and debenture holders, basis of charge, types of income/main reliefs and exemptions, charge to tax calculation and collection, and the scope of anti-avoidance provisions), Capital Gains Tax (chargeable persons/entities(sole traders, partners, and shareholders), basis of charge calculation of gains/allowable deductions/main reliefs and exemptions, charge to tax calculation and collection and the scope of anti-avoidance provisions), Corporation Tax (basis of charge, calculation, payment and collection of tax, tax treatment of company distributions or deemed distributions to shareholders, and outline of anti-avoidance legislation), Value Added Tax (Key principles relating to scope, supply, input and output tax, registration requirements and issue of VAT invoices, and returns/payment of VAT and record-keeping), and Inheritance Tax (Business Property Relief).
DISPUTE RESOLUTION (FLK1)
(2) Pre-action considerations and steps for resolving a dispute through a civil claim: Parties and causes of action, calculating limitation periods for claims in contract and tort, pre-action Conduct and Protocols (pre-action conduct and the principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow their terms), mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales, and mechanisms to determine jurisdiction over international contractual or tortious claims.
(3) Analysis of merits of claim or defence
(4) Where to start proceedings: Allocation between the High Court and the county court and jurisdiction of the specialist courts.
(5) Issuing and serving proceedings: Issuing a claim form, adding, removing or substituting parties, service of a claim form within the jurisdiction, the procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction, deemed dates of service and time limits for serving proceedings, and service by an alternative method.
(6) Responding to a claim: Time limits for responding to a claim, admitting the claim, acknowledging service, filing a defence and/or counterclaim, disputing the court’s jurisdiction, entering and setting aside judgment in default, discontinuance, and settlement.
(7) Statements of case: The purpose, structure and content of a claim form, particulars of claim, defence, a reply, Part 20 claim or defence to Part 20 claim, requests for further information about statements of case, and amendments of statements of case.
(8) Interim applications: Procedure for making an interim application and the purpose, procedure and evidence required for particular applications (summary judgment, interim payments and interim injunctions).
(9) Case management: The overriding objective, track allocation, Case management directions for cases proceeding on the fast or multi-tracks, non-compliance with orders, sanctions and relief, and costs and case management conferences.
(10) Evidence: The burden and standard of proof, relevance, hearsay and admissibility of evidence, witness evidence (witness statements and affidavits, and expert evidence (opinion evidence, duties of experts, single joint experts and discussion between experts).
(11) Disclosure and inspection: Standard disclosure, orders for disclosure, specific disclosure, pre-action and non-party disclosure, electronic disclosure, privilege and without prejudice communications and waiver of privilege.
(12) Trial: Summoning witnesses, preparations for trial (purpose of pre-trial checklists and hearings and purpose of trial bundles), trial procedure (including modes of address, court room etiquette and the difference between leading and non-leading questions), and the nature and effect of judgments.
(13) Costs: Costs management and budgeting, inter-partes costs orders (interim and final), non-party costs, qualified one-way costs shifting, Part 36 and other offers, security for costs, and fixed and assessed costs.
(14) Appeals: Permission, destination of appeals and grounds for appeals.
(15) Enforcement of money judgments: Oral examination, methods of enforcement, procedure and mechanisms for effecting valid enforcement in another jurisdiction.