SQE1 FLK1 – LLB LAW PRACTICE (2025) QUESTIONS
& ANSWERS STUDY GUIDE A+
Contracts: Contracts required to be in writing
"1. guarantees
2. contract for the sale of land (but not the transfer of land)
3. consumer credit"
Dispute Resolution: Typical order of Case Management directions
"1. Disclosure
2. Exchange of witness statements
3. Exchange of expert reports
4. Pre-trial checklist (used to determine compliance with court directions)
5. Trial"
Dispute Resolution: When application to vary court directions is due
14 days of the directions
Dispute Resolution: When disclosure reports are due
14 days before trial.
Dispute Resolution: When costs budgets are due
7 days before trial
,Dispute Resolution: Can a party request an extension to file the directions
questionnaire?
No, even with both parties consent.
Dispute Resolution: Who hears an interim application?
If in High Court Royal Court of Justice = Master; otherwise, a District Judge
Dispute Resolution: Criteria for summary judgement
No real prospect of success and no other compelling reason why the case should
proceed
Dispute Resolution: Timing of application for summary judgement
"1. cannot be made before D has chance to submit acknowledgement of claim
2. written evidence to support the application should be served at least 14 days before
the hearing
3. D submits response to the written evidence at least 7 days before hearing."
Dispute Resolution: I submit application for an interim payment, but I don't really need
it, could it still be granted?
Yes. "Need" is not necessary.
Dispute Resolution: Who can hear an application for a freezing injunction?
Only a High Court judge (note that High Ct can grant any type of injunction and County
Ct has limited ability to grant injunctions)
,Dispute Resolution: What does it mean to control a document?
"1. Have it
2. Have a right to go get it or look at it
3. Had it but no longer does"
Dispute Resolution: Document was accidentally disclosed, can the opposing counsel
use that document at trial?
Maybe, but only with the court's permission.
Dispute Resolution: Should privileged documents be disclosed? Can they be
inspected?
They should still be disclosed in general terms. May not be inspected unless privilege is
lost by relying on that document at trial.
Dispute Resolution: Witness gives a signed statement but does not want to come to
court, can that signed statement be introduced into evidence?
Yes, but as hearsay evidence. In this case, the party relying on the evidence will file a
formal document giving notice of the hearsay evidence. If the opposing counsel then
has 14 days to try to force witness to court or file notice that they will attack credibility
of witness.
Business: % of creditors that need to agree to an IVA
75% in value of unsecured creditors; preferential creditors (employees and secured
creditors) are not bound unless they agree
, Business: Who can file the application for bankruptcy (individual)?
"1. the debtor can apply online
2. an unsecured creditor who is owed at least $5,000
3. the supervisor of an IVA (if debtor breaches the IVA terms)"
Business: How can an unsecured creditor show that the debtor needs to go through
bankruptcy?
"1. makes statutory demand for payment of at least $5,000 and debtor does not reply or
pay within 3 weeks
2. makes statutory demand for proof of ability to pay at least $5,000 and debtor fails
3. if it's a judgement debt of at least $5,000, then creditor tries to execute on the debt
and it fails."
Business: Exceptions to bankruptcy estate
Debtor can keep things necessary for day-to-day life, like reasonable salary, furniture,
and tools needed for job.
Business: What can debtor not do during bankruptcy:
"Apply for credit for more than a certain amount
Act as a company director
Be a partner in a company
& ANSWERS STUDY GUIDE A+
Contracts: Contracts required to be in writing
"1. guarantees
2. contract for the sale of land (but not the transfer of land)
3. consumer credit"
Dispute Resolution: Typical order of Case Management directions
"1. Disclosure
2. Exchange of witness statements
3. Exchange of expert reports
4. Pre-trial checklist (used to determine compliance with court directions)
5. Trial"
Dispute Resolution: When application to vary court directions is due
14 days of the directions
Dispute Resolution: When disclosure reports are due
14 days before trial.
Dispute Resolution: When costs budgets are due
7 days before trial
,Dispute Resolution: Can a party request an extension to file the directions
questionnaire?
No, even with both parties consent.
Dispute Resolution: Who hears an interim application?
If in High Court Royal Court of Justice = Master; otherwise, a District Judge
Dispute Resolution: Criteria for summary judgement
No real prospect of success and no other compelling reason why the case should
proceed
Dispute Resolution: Timing of application for summary judgement
"1. cannot be made before D has chance to submit acknowledgement of claim
2. written evidence to support the application should be served at least 14 days before
the hearing
3. D submits response to the written evidence at least 7 days before hearing."
Dispute Resolution: I submit application for an interim payment, but I don't really need
it, could it still be granted?
Yes. "Need" is not necessary.
Dispute Resolution: Who can hear an application for a freezing injunction?
Only a High Court judge (note that High Ct can grant any type of injunction and County
Ct has limited ability to grant injunctions)
,Dispute Resolution: What does it mean to control a document?
"1. Have it
2. Have a right to go get it or look at it
3. Had it but no longer does"
Dispute Resolution: Document was accidentally disclosed, can the opposing counsel
use that document at trial?
Maybe, but only with the court's permission.
Dispute Resolution: Should privileged documents be disclosed? Can they be
inspected?
They should still be disclosed in general terms. May not be inspected unless privilege is
lost by relying on that document at trial.
Dispute Resolution: Witness gives a signed statement but does not want to come to
court, can that signed statement be introduced into evidence?
Yes, but as hearsay evidence. In this case, the party relying on the evidence will file a
formal document giving notice of the hearsay evidence. If the opposing counsel then
has 14 days to try to force witness to court or file notice that they will attack credibility
of witness.
Business: % of creditors that need to agree to an IVA
75% in value of unsecured creditors; preferential creditors (employees and secured
creditors) are not bound unless they agree
, Business: Who can file the application for bankruptcy (individual)?
"1. the debtor can apply online
2. an unsecured creditor who is owed at least $5,000
3. the supervisor of an IVA (if debtor breaches the IVA terms)"
Business: How can an unsecured creditor show that the debtor needs to go through
bankruptcy?
"1. makes statutory demand for payment of at least $5,000 and debtor does not reply or
pay within 3 weeks
2. makes statutory demand for proof of ability to pay at least $5,000 and debtor fails
3. if it's a judgement debt of at least $5,000, then creditor tries to execute on the debt
and it fails."
Business: Exceptions to bankruptcy estate
Debtor can keep things necessary for day-to-day life, like reasonable salary, furniture,
and tools needed for job.
Business: What can debtor not do during bankruptcy:
"Apply for credit for more than a certain amount
Act as a company director
Be a partner in a company
