This guide explains what each stage involves, how they differ, where they fit in the qualification timeline, and what preparation actually looks like for each.

What is the SQE?

The Solicitors Qualifying Examination (SQE) is the centralised assessment that all aspiring solicitors in England and Wales must pass to qualify. It replaced the Legal Practice Course (LPC) from 2021 onwards and is administered by Kaplan on behalf of the Solicitors Regulation Authority (SRA). The SQE applies to all candidates regardless of their degree background — a law degree is no longer a requirement to qualify, as long as you pass the assessments and complete qualifying work experience.

For a complete overview of the full qualification journey — from degree to admission to the roll — see our guide: What is the SQE?

SQE1: Functioning Legal Knowledge

SQE1 is the first stage of the examination. It tests legal knowledge across 13 subjects through multiple choice questions (MCQ). There are two papers:

• FLK1 — Functioning Legal Knowledge Paper 1: Business Law and Practice, Dispute Resolution, Contract, Tort, the Legal System, Constitutional and Administrative Law, and Legal Services.
• FLK2 — Functioning Legal Knowledge Paper 2: Property Practice, Wills and Intestacy, Solicitors Accounts, Land Law, Trusts, and Criminal Law and Practice.

Each paper contains 180 questions, giving 360 questions across the two sittings. The papers are typically sat on consecutive days during a scheduled exam window. SQE1 is marked by Kaplan and results are given as a scaled score. The typical pass mark sits around 56–60%, though this varies by cohort and sitting.

The key thing to understand about SQE1 is that it tests knowledge and application. You are not being asked to draft a contract or interview a client — you are being asked to identify the correct legal answer from four options. That means preparation is fundamentally about building legal knowledge across all 13 subjects and practising the MCQ format intensively.

“SQE1 assesses functioning legal knowledge — candidates must demonstrate knowledge and understanding of the law across the SQE1 functioning legal knowledge areas.”

— Solicitors Regulation Authority, SQE Assessment Specification

This is exactly where Sqewise is built to help. Our Smart Selector serves questions across all 13 FLK1 and FLK2 topics, weighted to your weakest areas so your practice time is always focused on what matters most. Browse all topics on our SQE1 topics page.

SQE2: Practical Legal Skills

SQE2 is the second stage and tests what you can do rather than what you know. It assesses six practical legal skills across five practice areas (property, wills and intestacy, criminal, civil litigation, and business):

• Client interviewing and attendance notes
• Advocacy and oral presentation
• Case and matter analysis
• Legal research and written advice
• Legal drafting
• Written advising

SQE2 is assessed over multiple days through a combination of written tasks and oral assessments in front of assessors. You play the role of a solicitor and are assessed on your ability to handle realistic legal scenarios. You must have passed SQE1 before you can sit SQE2.

Preparation for SQE2 looks very different from SQE1. MCQ practice is irrelevant at this stage. Instead, candidates typically work through skills-focused courses offered by SQE preparation providers, practise mock client interviews, draft real legal documents under timed conditions, and develop advocacy techniques. Some candidates do this through their law school’s SQE2 programme; others use independent providers.

SQE1 vs SQE2: Side-by-Side Comparison

Do You Have to Pass SQE1 Before SQE2?

Yes, without exception. The SRA requires candidates to pass SQE1 before they can sit SQE2. There is no way around this — it is a hard prerequisite. If you fail SQE1, you can resit it, but you cannot sit SQE2 until you have a passing SQE1 result. This is one reason why building a solid SQE1 preparation strategy is so important: it is literally the gateway to the rest of the qualification process.

Where Does Qualifying Work Experience Fit?

Qualifying Work Experience (QWE) — the two years of practical experience required to qualify — can be completed before, during, or after the SQE assessments. It does not need to be a traditional training contract. Paralegal work, internships, placements, and other supervised roles can all count, as long as they are signed off by a solicitor. This flexibility is one of the most significant changes the SQE introduced compared to the LPC route.

How Should You Prepare?

For SQE1, the most effective preparation combines three things: structured revision of all 13 topics, high-volume MCQ practice weighted to your weak areas, and timed mock exams that replicate the real exam format. Sqewise is built specifically for this. Our Smart Selector identifies where your knowledge is weakest and prioritises those topics. When you feel ready, our practice mode serves questions continuously, and Pro subscribers get access to full 90-question timed mock exams.

For SQE2, you will need a different type of provider — one that focuses on practical skills training, live assessments, and feedback. Many law schools and independent SQE prep providers offer SQE2 programmes.

The most important thing is to start SQE1 preparation early, be systematic across all 13 topics, and take full mocks to identify gaps before the real exam. Start practising today on Sqewise — your first 25 questions are free, with no credit card required.

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What the Final Week Is For

Broadly, the final week serves two purposes: consolidating what you already know, and managing the psychological transition from revision mode to exam mode. Both matter.

By the final week, your knowledge base is largely set. The marginal value of new information is low — there is not enough time to encode it properly or to practise applying it. The high-value activities in the final week are different from earlier phases of revision:

• Reviewing key rules and definitions that you know but want to feel sharp on
• Running short, targeted practice sessions on your weakest topics
• Reviewing errors from your most recent mock exam
• Resting and recovering cognitive capacity for exam day

A Day-by-Day Final Week Plan

• Day 1 (6 days before exam): Active recall sweep of FLK1 topics. For each subject, write down the five rules you are least confident about, check them, then do 15–20 practice questions on the weakest subject.
• Day 2 (5 days before exam): Same process for FLK2 topics. Focus on the areas your mock review flagged as weak.
• Day 3 (4 days before exam): Targeted practice on the 2–3 topics where your mock exam performance was weakest. 40–50 questions maximum.
• Day 4 (3 days before exam): Light revision only. Flashcards or brief notes for key rules across all subjects. No new topics. Finish by early afternoon.
• Day 5 (2 days before exam): Very light session — review your personal list of “rules I keep forgetting.” Confirm your exam venue, travel, and logistics. Early evening finish.
• Day 6 (day before exam): No revision. Rest completely. Prepare your exam materials. Eat well and sleep at your normal time. Do not stay up late reviewing.
• Day 7 (exam day): Light breakfast. Arrive at the venue with time to spare. No last-minute notes or cramming.

What to Avoid in the Final Week

The common mistakes in the final week are predictable and avoidable:

• Starting new topics for the first time — this adds anxiety without adding useful knowledge
• Doing a full practice exam in the two days before the sitting — this fatigues you without enough time to recover
• Changing your sleep pattern to study later or earlier than usual
• Reading notes obsessively the morning of the exam

“The night before the exam, put your notes away. Everything you have learned is already stored. Your job now is to rest so you can retrieve it.” — widely reported advice from SQE1 tutors and successful candidates.

Exam Day Technique

A few practical points for the exam itself:

• Read each question fully before looking at the answer options — this prevents the options from anchoring your analysis
• On questions where you are unsure, eliminate obviously wrong options first, then make your best choice from the remainder
• Never leave a blank — there is no negative marking
• Pace yourself: 180 questions in 5 hours is 100 seconds per question. Keep an eye on your progress at the midpoint
• If you are badly stuck on a question, mark it and move on — return to it if time allows

Practise on Sqewise

If you are reading this in your final week, the most useful thing you can do is a targeted practice session on Sqewise focused on your weakest topics. Check your progress dashboard to see where to focus, review the topic list for any subjects you haven’t revisited recently, and make sure you’ve completed at least one full mock exam. Good luck.

The post SQE1 Final Week: How to Revise (and Rest) in the Last 7 Days Before Your Exam appeared first on SQE Wise.

The Court Hierarchy

Understanding the court hierarchy is essential for applying the doctrine of precedent. In England and Wales, the hierarchy from lowest to highest is:

• Magistrates’ Court / County Court (lowest)
• Crown Court / High Court
• Court of Appeal
• UK Supreme Court (highest domestic court)

The Court of Justice of the European Union is no longer part of the domestic hierarchy following Brexit, though CJEU decisions made before 31 December 2020 are “retained EU case law” and have a special status under the Retained EU Law Act framework.

The Doctrine of Precedent (Stare Decisis)

The doctrine of precedent requires courts to follow the legal reasoning (ratio decidendi) of decisions made by courts of equal or superior jurisdiction. The key rules are:

• The Supreme Court is bound by its own previous decisions, though it can depart from them where it appears right to do so (Practice Statement 1966).
• The Court of Appeal is generally bound by its own previous decisions, subject to narrow exceptions in Young v Bristol Aeroplane Co [1944]: where there are conflicting Court of Appeal decisions; where a previous Court of Appeal decision was made per incuriam (in ignorance of a binding authority); or where the decision is inconsistent with a later House of Lords/Supreme Court decision.
• The High Court is bound by the Court of Appeal and Supreme Court, but not strictly by its own decisions (though it will usually follow them for consistency).

Ratio Decidendi and Obiter Dicta

Only the ratio decidendi — the legal reason for the decision — is binding on lower courts. Obiter dicta (statements made by the way, not essential to the decision) are persuasive but not binding. Identifying the ratio in a complex case can be difficult — it requires extracting the principle of law that was necessary to decide the case on its specific facts.

The classic SQE1 question in this area presents a scenario and asks whether a lower court must follow a particular earlier decision, or whether there is scope to distinguish or depart from it. The answer depends on the court hierarchy, the closeness of the facts, and whether the decision in question is ratio or obiter.

Statutory Interpretation

Where legislation is ambiguous, courts must interpret it. The main approaches are:

• Literal rule: Apply the ordinary natural meaning of the words, even if the result appears unreasonable.
• Golden rule: Apply the literal meaning unless it would produce an absurd result, in which case a modified meaning may be adopted.
• Mischief rule (and purposive approach): Identify the mischief (gap or problem) the statute was designed to remedy and interpret the words to best remedy it. The purposive approach, now dominant in UK courts, asks what Parliament intended to achieve.

Section 3 of the Human Rights Act 1998 adds a further interpretive obligation: legislation must be read and given effect in a way that is compatible with Convention rights “so far as possible.”

Sources of Law

The principal sources of English law are legislation (primary and delegated), common law (judge-made law through precedent), and equity. European law, though no longer directly applicable, continues to influence domestic law through retained EU law.

• Primary legislation: Acts of Parliament. The supreme source — courts cannot strike down primary legislation.
• Delegated legislation: Statutory instruments, by-laws, Orders in Council. Subject to judicial review for ultra vires.
• Common law: Judge-made law through the doctrine of precedent. Fills gaps not addressed by legislation.

Practise This Topic on Sqewise

The legal system provides the framework within which all other SQE1 knowledge operates. Practise English legal system questions on Sqewise, review your performance on all FLK1 subjects on the progress dashboard, and see the complete SQE1 topic list.

The post SQE1 Legal System: Precedent, Statutory Interpretation and Sources of Law appeared first on SQE Wise.

The 60-Day Framework: Three Phases

A 60-day plan divides naturally into three phases of roughly 20 days each:

• Phase 1 (Days 1–20): Foundation pass. Work through all subjects at a high level, building core knowledge. Aim for 1–2 days per major topic. Do 20–30 practice questions per subject as you go.
• Phase 2 (Days 21–45): Targeted revision and volume practice. Identify your five weakest subjects from Phase 1 performance and allocate double time to them. Increase daily question volume to 50–60. Interleave subjects to build integrated recall.
• Phase 3 (Days 46–60): Mock exams and consolidation. Complete two full mock exams in timed conditions. Review each exhaustively. Revisit any subject where mock review reveals gaps. Do a final sweep of all topics in the last three days.

Week-by-Week Subject Allocation

Here is a suggested subject allocation for Phase 1:

• Days 1–3: Contract Law
• Days 4–6: Tort Law
• Days 7–8: Business Law (Companies/Directors)
• Days 9–10: Dispute Resolution
• Days 11–12: Criminal Law
• Days 13–14: Land Law
• Days 15: Trusts
• Days 16: Wills and Intestacy
• Days 17: Solicitors’ Accounts
• Days 18: Legal Services
• Days 19: Constitutional and Administrative Law
• Day 20: Property Practice

This is a template — adjust based on your existing strengths and weaknesses. If you are stronger in criminal law and weaker in business law, reduce the former and expand the latter.

Daily Study Structure

For each study day, a simple structure works well:

• Morning (90 min): Practice questions on current topic — before re-reading notes
• Mid-morning (60 min): Review errors and identify gaps; targeted note review
• Afternoon (90 min): Second practice session — mixed questions including current topic
• Evening (30 min): Active recall exercise — write down 5 key rules without looking

Rest is not optional. Build in at least one full rest day per week. Cognitive performance degrades without recovery time, and a well-rested revision session produces more than a fatigued marathon one.

Tracking Progress

You cannot improve what you don’t measure. Throughout your 60 days, track:

• Your mastery score per topic after each revision block
• Your daily question volume
• Your mock exam scores and the subject breakdown of errors

Sqewise’s study planner automates much of this tracking. It calculates recommended daily hours by topic based on your exam date and current mastery scores, and adjusts as you improve.

The Final Week

In the last seven days before the exam, reduce new content and focus on consolidation:

• Days 54–57: Final sweep of all topics — flashcards, brief notes, no new material
• Day 58: Light practice session, early finish
• Day 59: Rest day — no revision. Prepare logistics: know your exam venue, confirm your ID documents, plan your travel.
• Day 60 (exam day): Light breakfast, early arrival, no last-minute cramming

Practise on Sqewise

A study planner is only as effective as the practice questions that feed it. Use Sqewise’s adaptive practice platform throughout your 60 days — the smart selector adjusts question weighting based on your mastery scores, so every session targets your gaps automatically. See our plans for full mock exam access, or learn how Sqewise works.

The post SQE1 Study Planner: A Practical 60-Day Revision Framework appeared first on SQE Wise.

Why Mock Exams Are Different From Practice Questions

Topic-by-topic practice questions and full mock exams serve very different purposes. Practice questions build subject-specific knowledge and test rule application in isolation. Mock exams do something different:

• They test your ability to sustain concentration and performance over five continuous hours
• They reveal how well your knowledge holds when questions switch between subjects without warning
• They show how you perform under genuine time pressure with a fixed end point
• They surface anxiety patterns and question-management habits that don’t appear in topic practice

A candidate who scores 70% on contract law practice questions but only 58% on full mocks has a stamina and integration problem, not a knowledge problem. Only mocks can reveal and fix this.

When to Start Mock Exams

The biggest mistake candidates make with mock exams is leaving them too late. Mocks are most valuable when done early enough that you still have time to act on the results.

Aim to complete your first full mock exam no later than six weeks before your sitting date. Complete at least two full mocks, with thorough review of each, before sitting the real exam.

If you only do mocks in the final week, you lose the ability to use them diagnostically. You’ll identify weaknesses but have no time to fix them.

How to Run a Mock Exam Properly

Exam conditions matter. A mock done in a comfortable chair with breaks and reference materials is not a mock — it’s extended practice. To get value from a mock exam:

• Set a five-hour timer before you start
• Work in a quiet environment with no distractions
• Do not use notes, textbooks, or any reference material
• Take only the breaks permitted in the real exam (typically a short comfort break mid-paper)
• Complete every question — never leave blanks

How to Review a Mock Exam

The review is at least as important as the mock itself. Every question you got wrong is a data point — use it.

• For every incorrect answer: identify which topic it falls under, what rule you misapplied or didn’t know, and what the correct reasoning is
• For questions you guessed correctly: mark these too — lucky guesses are gaps in disguise
• Group errors by topic: if you got 7/20 contract law questions wrong, that’s a systematic gap requiring targeted revision
• Review time management: did you spend too long on early questions and rush the last section?

Using Mock Scores to Make a Go/No-Go Decision

Your mock scores should inform whether you sit the exam or delay. As a rough benchmark:

• 65%+ consistently: you are likely in pass territory
• 58–65%: borderline — identify and fix the weakest subjects urgently
• Below 58%: consider whether you have enough time to close the gap before your sitting

These are rough guides, not guarantees. The actual pass mark varies by sitting. But consistent mock scores well above the estimated pass threshold correlate strongly with first-time pass rates.

Practise on Sqewise

Sqewise offers full SQE1 mock exams under realistic exam conditions, with instant scoring and detailed performance breakdowns by subject. After your mock, the progress dashboard shows exactly where to focus your remaining revision time. Try free practice questions first, or explore our Pro and Max plans for full mock access.

The post SQE1 Mock Exams: How to Use Them Effectively (Not Just as a Final Test) appeared first on SQE Wise.

The SRA Standards and Regulations: An Overview

The SRA Standards and Regulations came into force in November 2019. They replaced the previous SRA Handbook and introduced a more outcomes-focused approach. The key documents are:

• The SRA Principles — seven overarching principles that apply to all individuals and firms regulated by the SRA
• The Code of Conduct for Solicitors, RELs and RFLs — individual professional obligations
• The Code of Conduct for Firms — firm-level obligations
• The SRA Accounts Rules — client money and financial obligations
• The SRA Authorisation of Individuals Regulations — qualification and authorisation requirements

The Seven SRA Principles

Every solicitor must act in a way that upholds all seven principles. Where two principles appear to conflict, the one that most effectively serves the overarching purpose of protecting the public interest will take precedence. The seven principles require solicitors to:

• Act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice
• Act in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons
• Act with independence
• Act with honesty
• Act with integrity
• Act in a way that encourages equality, diversity, and inclusion
• Act in the best interests of each client

Conflicts and Priority

Principles 1 and 2 (rule of law and public trust) take priority over the duty to the client where they conflict. A solicitor must never allow their duty to the client to override their duty to the court or their obligations to the rule of law.

The duty to act in the best interests of the client (Principle 7) is subject to the overriding obligations to the court and to the rule of law. Questions testing this hierarchy are common — always consider whether any higher obligation limits the duty to the client before advising.

Confidentiality and Disclosure

The duty of confidentiality requires a solicitor not to disclose information relating to the client’s matter without the client’s consent — unless compelled by law, required to disclose to prevent a future crime, or in connection with self-defence proceedings.

The duty of disclosure requires a solicitor to share with the client any information material to their matter, subject to confidentiality obligations owed to others. These two duties can conflict — for example, where information from one client would assist another. In such cases the solicitor must usually decline to act for one or both clients.

Conflicts of Interest

A solicitor must not act where there is an own-interest conflict or a significant risk of conflict between two or more clients. A “own interest” conflict arises where the solicitor’s own interests conflict with those of the client. A client conflict arises where the interests of two clients conflict or there is a significant risk of conflict.

Exceptions permit acting for two clients in a conveyancing transaction under certain conditions (standard property transactions, no conflict, informed consent from both parties) — but the rules are strict and frequently tested.

Undertakings

An undertaking is a statement made by a solicitor to another party that the solicitor will do something or refrain from doing something. Undertakings are binding on the individual solicitor — they must be fulfilled even if the client refuses to honour the underlying obligation or goes insolvent. Breach of an undertaking is a serious professional matter.

Practise This Topic on Sqewise

Professional conduct questions appear throughout both FLK1 and FLK2. They test knowledge of specific rules and the ability to apply them to realistic scenarios. Practise legal services questions on Sqewise, review your mastery on the progress dashboard, and see all covered topics.

The post SQE1 Legal Services: SRA Principles and Professional Conduct Guide appeared first on SQE Wise.

The Conveyancing Process: An Overview

A standard residential freehold purchase proceeds in broadly the following sequence:

• Client instructions and funding confirmed; conflict check; money laundering verification
• Draft contract received from seller’s solicitor; pre-contract searches and enquiries raised
• Mortgage offer received; report to client
• Exchange of contracts — parties become legally bound; deposit paid (usually 10%)
• Post-exchange steps: land charges search, priority search at Land Registry (OS1)
• Completion — balance of purchase price transferred; keys released; seller’s solicitor redeems mortgage
• Post-completion: SDLT return and payment within 14 days; Land Registry application within priority period

Pre-Contract Searches

Before exchange, the buyer’s solicitor conducts searches to reveal matters affecting the property. Key searches include:

• Local authority search (LLC1 and Con 29): Reveals planning history, road adoption, enforcement notices, and statutory obligations affecting the land.
• Drainage search: Confirms whether the property is connected to public sewers and the location of drains.
• Environmental search: Identifies contaminated land, flood risk, and ground stability issues.
• Land Registry OS1 priority search: Conducted just before completion; protects the buyer’s application for 30 working days.

The OS1 priority search is one of the most tested procedural steps. Its 30-working-day priority period means the buyer’s solicitor must complete and submit the Land Registry application within that window — or lose the protection against later registrations.

Stamp Duty Land Tax (SDLT)

SDLT is payable on the purchase of land above certain threshold values. For residential property:

• Up to £250,000: 0% (standard rate)
• £250,001–£925,000: 5%
• £925,001–£1.5m: 10%
• Over £1.5m: 12%

First-time buyer relief applies for purchases up to £625,000. Higher rates apply for additional dwellings (3% surcharge). SDLT is calculated on the amount within each band (a slice system, not a slab system). The return must be submitted and tax paid within 14 days of completion.

Title Investigation

For registered land, the buyer’s solicitor obtains official copies of the register (title register and title plan) from the Land Registry. They must check:

• The proprietorship register — who owns the land and any restrictions on disposal
• The charges register — mortgages, covenants, and other encumbrances
• The property register — description of the property and appurtenant rights

Mortgages

Most residential purchases are financed by a mortgage. The solicitor often acts for both buyer and lender (subject to conflict checks). The lender will impose conditions in the mortgage offer, and the solicitor must report to the lender on any matters that might affect the security. On completion, the existing mortgage on the seller’s title must be redeemed and a Form DS1 (or electronic discharge) obtained.

Practise This Topic on Sqewise

Property practice questions in FLK2 often involve calculating SDLT, identifying the correct search, or advising on a problem that has arisen in a transaction. Practise property questions on Sqewise, use the study planner to allocate sufficient time to this topic, and explore our full mock exams.

The post SQE1 Property Practice: Conveyancing Process and Key Rules for FLK2 appeared first on SQE Wise.

The Civil Procedure Rules: Overriding Objective

The CPR are governed by the overriding objective: to enable the court to deal with cases justly and at proportionate cost. This means ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, ensuring cases are dealt with expeditiously and fairly, and allotting an appropriate share of court resources.

The overriding objective is not just background — it is used by courts to interpret and apply every rule in the CPR, and parties are under a duty to help the court further it.

Limitation Periods

Claims must be brought within the relevant limitation period, after which they are time-barred:

• Contract claims: 6 years from the date of breach (simple contract); 12 years (deeds)
• Tort claims: 6 years from the date the cause of action accrued (generally when damage occurred)
• Personal injury: 3 years from the date of injury, or date of knowledge if later
• Defamation: 1 year

For latent damage in negligence (other than personal injury), the limitation period is 6 years from accrual or 3 years from date of knowledge — whichever is later — subject to an overriding 15-year long-stop under the Limitation Act 1980.

Starting Proceedings

Proceedings are started by issuing a claim form in the appropriate court. The claim form must be served within 4 months of issue (2 months if served outside the jurisdiction). Particulars of claim must be served within 14 days of the claim form (or included with it).

Pre-action protocols are a critical area for exam questions. Most types of claim have a relevant protocol. The consequences of non-compliance — adverse costs orders, stays — are frequently tested. Always identify the applicable protocol before advising on commencing proceedings.

Track Allocation

Once a defence is filed, the court allocates the case to one of three tracks:

• Small claims track: Claims up to £10,000 (personal injury/housing: lower limits). Informal procedure; costs recovery very limited.
• Fast track: Claims between £10,001 and £25,000, suitable for trial within one day. Fixed costs apply in most cases.
• Multi-track: Claims over £25,000, or complex claims regardless of value. Full costs recovery available. Active case management by the court.

Interim Remedies

Before or during proceedings, a party may apply for interim remedies including:

• Interim injunctions: The American Cyanamid test — is there a serious question to be tried? Is the balance of convenience in favour of granting the injunction? Are damages an adequate remedy?
• Freezing orders (Mareva injunctions): Restrain a defendant from dissipating assets pending judgment. Require a good arguable case and a real risk of dissipation.
• Search orders (Anton Piller orders): Allow entry to premises to inspect or preserve evidence. Granted without notice only in exceptional circumstances.

Costs

The general rule is that costs follow the event — the losing party pays the winning party’s costs. However, the court has wide discretion. Part 36 offers are particularly important: a claimant who fails to beat a defendant’s Part 36 offer faces cost consequences from the expiry of the offer period.

Practise This Topic on Sqewise

Dispute resolution questions in FLK1 test procedural precision. Dates, thresholds, and track allocation figures are directly examinable. Practise dispute resolution questions on Sqewise, check your progress on the dashboard, and see all SQE1 topics covered.

The post SQE1 Dispute Resolution: Civil Procedure Rules and Litigation Guide appeared first on SQE Wise.

The Nature of the UK Constitution

The UK does not have a single codified constitutional document. Instead, the constitution is found in statutes, common law, and constitutional conventions. Key constitutional statutes include the Bill of Rights 1689, the Human Rights Act 1998, and the Constitutional Reform Act 2005.

Parliamentary Sovereignty

Dicey’s classic formulation: Parliament can make or unmake any law; no Parliament can bind its successor; no court can declare an Act of Parliament invalid. This remains the foundational principle, though it has been challenged in practice:

• The Human Rights Act 1998: Courts can make declarations of incompatibility but cannot strike down legislation.
• Constitutional statutes: In Thoburn v Sunderland City Council [2002], Laws LJ suggested constitutional statutes are not impliedly repealed by later inconsistent legislation — a controversial but influential idea.

The Rule of Law

The rule of law — associated with Dicey and Lord Bingham — requires certainty and accessibility of the law; equality before the law; and protection of fundamental rights. The Constitutional Reform Act 2005 placed the Lord Chancellor under a statutory duty to uphold the rule of law and the independence of the judiciary.

Questions about the tension between parliamentary sovereignty and the rule of law — or the extent to which the HRA 1998 creates a constitutional dialogue — are classic SQE1 conceptual questions. Know the arguments on both sides.

Judicial Review

Judicial review supervises the exercise of public powers. It is concerned with whether a decision was made lawfully, not its merits. The main grounds are:

• Illegality: The decision-maker acted ultra vires or made an error of law.
• Irrationality: The decision is so unreasonable that no reasonable decision-maker could have reached it (Wednesbury). Proportionality applies where Convention rights are engaged.
• Procedural impropriety: Failure to follow required procedures, or breach of natural justice — including apparent bias.

The Human Rights Act 1998

Section 3 requires courts to interpret legislation compatibly with Convention rights “so far as possible.” Section 4 empowers higher courts to make declarations of incompatibility. Section 6 makes it unlawful for public authorities to act incompatibly with Convention rights.

Practise This Topic on Sqewise

Constitutional law questions in FLK1 combine conceptual principles with application to specific scenarios. Practise public law questions on Sqewise, review your progress on the dashboard, and see the full SQE1 topic list.

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Why the Three Certainties Matter

An express trust cannot exist unless three certainties are present: certainty of intention, certainty of subject matter, and certainty of objects. If any one certainty fails, no valid trust is created.

Certainty of Intention

The settlor must have shown an intention to impose on a trustee a legal obligation to hold property for the benefit of a beneficiary. No particular words are required — the court looks at substance. Merely “hoping” or “wishing” that property will be used in a certain way (precatory words) does not impose a binding obligation.

• Lambe v Eames (1871): “in any way she thinks best for the benefit of herself and her family” — no trust; precatory.
• Paul v Constance [1977]: repeated statements that money was “as much yours as mine” — sufficient intention to create trust.

Certainty of Subject Matter

The trust property must be identifiable with certainty. Two sub-issues arise:

• Tangible property: Must be segregated or separately identifiable. A trust of “50 of my 500 bottles of wine” fails if the bottles are physically indistinguishable and no segregation has occurred (Re London Wine).
• Intangible property: The rule is less strict. In Hunter v Moss [1994], a trust of 50 out of 950 identical shares was held valid because the shares were fungible. This is a controversial decision but remains good law.

The distinction between tangible and intangible property in certainty of subject matter is a classic SQE1 trap. Apply Re London Wine to physical goods and Hunter v Moss to shares and similar fungible intangibles.

Certainty of Objects

There must be certainty about who the beneficiaries are. The test differs by trust type:

• Fixed trusts: The “complete list” test — it must be possible to list all beneficiaries.
• Discretionary trusts: The “is or is not” test (McPhail v Doulton [1971]) — can it be said with certainty that any given person is or is not a member of the class?
• Powers of appointment: Also the “is or is not” test, but administrative unworkability (a class so wide as to make administration impossible) can invalidate the power.

Consequences of Failure

If a certainty fails after property has been transferred, the trustee holds on resulting trust for the settlor or the settlor’s estate. If no transfer has occurred, the property remains with the settlor.

Practise This Topic on Sqewise

Trusts questions in FLK2 often involve applying all three certainties to a short set of facts — spotting which certainty is at issue and identifying the correct test. Practise trusts questions on Sqewise to build speed and accuracy, and see the full SQE1 topic breakdown.

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