Introduction

I think the SQE requires a superior degree of knowledge and acumen and it is not my cup of tea.

I want to set up a base in the UK and look forward to practicing in the UK and internationally. But I do not know how to do it.

I have cleared SQE 1 but I need to appear for SQE 2 since I am not eligible for exemption since I am not fully qualified in my jurisdiction..

I think clearing the SQE will help me with my clientele, if I want to practice in the UK or some other country.

I have clients who are based out of the UK. I want to be able to file cases for them.

If these questions come to your mind or resonate with you, you are at the right place.

We have solutions to all these questions.

The best part about our course is that you get an entire team to work with you for your success.

You get to put to use all your strengths only if you know how and where to use them.

Even if you have never read laws, our experts will guide you through it and provide an anecdotal experience of the exam itself.

We will ensure that you are equipped with enough skills through regular mocks, essay writing, and other sessions to appear for the examination.

Things you would want to learn before attempting the exam

How to fulfill eligibility conditions for SQE?
How to approach the examination and balance time between your practice and examination?
Sound knowledge of what works and what does not
Ability to analyse the past year question papers and do a trend analysis
Ability to write clear and concise analytical answers
Ability to pass the simulation and practical examination aspects of the exam

Who should take this course

Anyone who has cleared the first stage of the SQE exam including FLK 1 and FLK 2.
Anybody who has (or is currently studying) an undergraduate degree or graduate diploma in any subject (not necessarily a law degree) or equivalent degree, and wishes to qualify as a solicitor of England & Wales is allowed to sit for the SQE exam.
Qualified professionals with work experience as a legal practitioner in their home jurisdiction.

About the Examination & Examination Pattern

Overview

In early 2021, the Solicitors Regulatory Authority (SRA) of the UK decided to completely change the assessment pattern for aspiring lawyers who wished to qualify as a solicitor in England & Wales. All aspiring applicants after September 2021, will sit for the same examination.

Previously, the qualification route to becoming a solicitor in England & Wales was different for UK lawyers and foreign lawyers. With the introduction of SQE, all lawyers irrespective of jurisdiction, background and designation will only be giving one exam, i.e. the SQE. This means all aspiring solicitors, including UK university law graduates, non-graduates, apprentices, legal executives, paralegals, and qualified foreign lawyers, will sit the SQE exam.

This change to the qualification route has been introduced by the SRA so that all solicitors of England & Wales meet the same high standards in a consistent way.

Exam Format

The SQE will be divided into 2 stages, the first stage must be passed before moving on to the second stage.

SQE 1 - Functioning Legal Knowledge assessment.

Functioning Legal Knowledge is further divided into two exams - FLK 1 and FLK 2, which takes place over 2 days.

It is assessed by single best answer multiple-choice questions over a two-day period. Ethics and Professional Conduct will be examined across FLK1 and FLK2.

Please check our Landing page for further information on SQE 1. Link https://lawsikho.com/course/crack-the-solicitors-qualifying-examination-sqe

SQE 2 - Practical legal skills assessment

The assessment topics for SQE2 are listed below. The assessment is taken over five days and involves a combination of written and oral-based tasks. Ethics and professional conduct are assessed throughout.

You are assessed on the following six skills:

Client interview and attendance note/legal analysis
Advocacy
Case and matter analysis
Legal research
Legal writing
Legal drafting
Although there is no separate assessment called negotiation, all deliveries of SQE2 will contain at least one assessment involving negotiation. Negotiation may be assessed in either interview and attendance note/legal analysis and/or case and matter analysis and/or legal writing.

The practice areas in which these legal skills are assessed are:

Criminal Litigation
Dispute Resolution
Property Practice
Wills and Intestacy, Probate Administration and Practice
Business organisations rules and procedures

All aspects of the SQE2 assessment are compulsory.

Career options after qualifying as a solicitor in England & Wales

Once you pass the SQE and are admitted as a solicitor in England & Wales, you can work:

As an in-house counsel in an organisation taking care of all their legal needs;
In private practice. This would include working in private law firms also that look after the legal needs of multiple clients;
As a sole practitioner, setting up your own practice as a principal solicitor; and
As law professors at a law school or university.
As a remote practitioner for UK lawyers, Law firms and Startups.

Areas in which we will help you to develop knowledge and skills

Trends analysis of Past Year Paper
Answer Writing Skills
Time Management
How to approach SQE 2

Paperwork to be submitted

Complete the online registration process for SQE assessment on the Solicitors Regulatory Authority website.

Exam Fees

The total candidate fee for the new Solicitors Qualifying Examination (SQE) is £3,980 ($5041.72).
- SQE1 - £1,558 ($1973.62)
- SQE2 - £2,422 ($3068.10)

All fees are VAT exempt.

Training Methodology

Online 24/7 access

Access to basic study material through an online learning management system, Android and iOS app

Monthly Time-table for self study and Practice Assignments and Mocks

The monthly time-table helps you in completing your syllabus in time. The assignment portal will help you with practicing SQE 2 Written assessments and mock interviews and mock courts will help you with the oral assessments.

Live Online Sessions/Class

Based on the divisions of the Syllabus there will be a live video based online class. You can ask questions, share your personal feedback in this class.

Convenient Class timings

Classes are held after regular working hours quadraple in a week. Typically classes are kept on i.e. Thursday, Friday & Saturday after working hours and Sunday afternoon.

Live Doubt Clearing

You can ask questions, get your doubt cleared live as well as through online forums

SQE 2 Assessment Syllabus

SQE 2 is divided into 2 parts i.e. Writing assessment and Oral assessment.

SQE 2 Written assessment takes place in a Pearson VUE test centre, like the SQE 1. You can find your centres in your home country as well from this link: https://sqe.sra.org.uk/exam-arrangements/dates-and-locations

SQE 2 Oral assessment takes place at ‘Oral assessment centre’ either in London, Manchester, or Cardiff.

SQE 2 - Writing Assessment

There are 12 writing assessments, conducted over 3 consecutive days. Everyday you will need to write 4 writing assessments:

Case and matter analysis

Legal drafting
Legal research
Legal writing

The themes for each day are as follows:

Day 1: Dispute Resolution; Criminal Litigation
Day 2: Property Practice; Wills and Intestacy, Probate Administration, and Practice.
Day 3: Business Organisations, Rules, and Procedures

In SQE 2 both oral and written assessment will be scored together. There is no separate score as SQE 1 for FLK 1 and FLK 2.

You need to prepare for each of the above types of questions. However, the practice area knowledge and skills that you will be tested on are limited to the following 6 areas (both for oral and written assessment):

Criminal Litigation and criminal liability (including advising clients at the police station).
Dispute Resolution in the light of Contract Law and Tort.
Property Law and Land Law (including taxation).
Wills and Intestacy, Probate Administration, and Practice and Trust (including taxation)
Business organisation, rules, and procedures (including money laundering and financial services) in the light of Contract Law (including taxation)
Professionalism and Ethics

Examination Details

Case and matter analysis

A candidate gets 60 minutes to complete the assessment including preparation through the document provided and the writing task.

Please check Sample questions here.

Legal Research

The duration of this assessment is 60 minutes.

The candidate will be provided with various resources, including primary and secondary resources, to assist his/her research.

The topic provided to the candidate will be outside the scope of Functioning Legal Knowledge.

Please check the Sample question here.

Legal Writing

The candidate will be required to write a legal document like a letter to a client. He/she will get 30 minutes to complete this task. The examiner will provide you with supportive documents to make the legal writing.

Please check the Sample question here.

Legal Drafting

The candidate will be required to draft a legal document, such as a reply to the notice received by the client. He/she will get 45 minutes to complete the task. The examiner will provide all the necessary documents and facts to make such drafting.

Please check the Sample question here.

SQE 2 - Oral Assessment

SQE 2 Oral Assessment will be conducted at the ‘Oral assessment centre’ either in London, Manchester, or Cardiff.

There are two types of skills tests in Oral Assessment:

Client interview and attendance note/legal analysis
Advocacy

The oral assessment will be conducted on 2 consecutive days, and each day is divided into 2 parts:

Part 1 - Client Interview and attendance note/legal analysis
Day 1 - Property Practice
Day 2 - Wills and Intestacy, Probate Administration and Practice)

Part 2 - Advocacy
Day 1 - Dispute resolution
Day 2 - Criminal litigation

Examination Details

For Client Interview and attendance note/legal analysis

The candidate will be provided with one or more documents stating who the client is and providing an indication of what the client has come to discuss.

Then the candidate has 10 minutes to prepare.

After the preparation he/she will have to conduct a 25 minute interview with the client. The assessor who plays the role of the client in the interview will assess the candidate only on his skills and not on application of law.

The candidate then has 25 minutes to write, by hand, an attendance note/legal analysis of the interview he/she just completed.

Note: Professionalism and ethics will be core parts of SQE2. Questions on ethics will be pervasive throughout SQE2.

Please check the Sample assessment here.

Advocacy

The candidate is provided with documents with case details, he/she then has 45 minutes to consider the documents provided.

This assignment takes place before a judge (role played by a solicitor of England and Wales). The duration of this assessment is 15 minutes.

Please check the Sample assessment here.

Please note that Professional Ethics is the core part of SQE 2 assessment.

What Is Unique About This Course

Personal guidance: Every candidate will be given personal attention for the preparation of their examination. This is not like a coaching center with hundreds of students in a batch, where teachers don't know your name or your dreams.
Smart training techniques: Every candidate will be guided about how to write effectively in writing assessments and will be trained for oral assessments.
Live session: Live online sessions will be conducted to train you with various techniques on the written and oral assessments.
Bank of Written Assignments: A bank of assignments will be provided on the topics so that you can practice them on a regular basis.
Conduct of Oral Mocks: Oral Mocks will be conducted on Advocacy and Clint Interview by experts to give you real exam experience.
Solutions to queries through various platforms: You can ask your queries to our mentors, experts, evaluators, and support team on various platforms like our Learning Management System (LMS), emails, calls, and in live sessions.
Experts: The live sessions will be conducted by the QLTS and SQE-qualified experts.
Time management: Personalized time management sessions will be conducted to balance your work and study.
Actionables and Deliverables will be provided so you can come prepared in the class and know what you have to do after the class.
Time-Table: Monthly schedule for assisting your preparation.

What Will You Learn

Understand and adopt the writing technique.
Exhaustively cover the relevant syllabus, specifically from an examination point of view.
To manage your time effectively during the examination.
Techniques to research for the practical implementation of theory after cracking the examination.

Syllabus

WRITING ASSESSMENT

Case And Matter Analysis On Each Theme

Theme 1: Dispute Resolution;
Theme 2: Criminal Litigation
Theme 3: Property Practice;
Theme 4: Wills And Intestacy, Probate Administration, And Practice.
Theme 5: Business Organisations, Rules, And Procedures

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Drafting

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Research

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Writing

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

ORAL ASSESSMENTS

Client Interview And Attendance Note/Legal Analysis

Theme 1: Property Practice
Theme 2: Wills And Intestacy, Probate Administration And Practice)
Theme-Wise Oral Mocks For This Skill- 5 Assignments (Indicative)

Advocacy

Theme 1: Dispute Resolution
Theme 2: Criminal Litigation
Theme-Wise Oral Mocks For This Skill- 5 Assignments (Indicative)

FUNCTIONING LEGAL KNOWLEDGE FOR SQE2

Core Principles Of Criminal Liability

The Core Principles Of Criminal Liability Relating To The Specified Criminal Offences Listed Below:

Specified Criminal Offences:

Offences Against The Person:

Assault And Battery
S. 47 Offences Against The Person Act 1861
S. 20 Offences Against The Person Act 1861
S. 18 Offences Against The Person Act 1861

Theft Offences:

S. 1 Theft Act 1968
S. 8 Theft Act 1968
S. 9 Theft Act 1968
S. 10 Theft Act 1968

Criminal Damage:

Simple Criminal Damage
Aggravated Criminal Damage
Arson

Homicide:

Murder
Voluntary Manslaughter
Involuntary Manslaughter (Unlawful Act Manslaughter, Manslaughter By Gross Negligence)

Fraud:

By False Representation
By Abuse Of Position
By Failing To Disclose.

Definition Of The Offence:

Actus Reus
Mens Rea.

General Defences:

Intoxication
Self-Defence/Defence Of Another.

Partial Defences:

Loss Of Control
Diminished Responsibility.

Parties:

Principal Offender
Accomplices
Joint Enterprise.
Inchoate Offences:
Attempt to Commit An Offence.

Advising Clients, Including Vulnerable Clients, About The Procedure And Processes At The Police Station

Rights Of A Suspect Being Detained By The Police For Questioning:

Right To Legal Advice
Right To Have Someone Informed Of Arrest
Reviews And Detention Time Limits Under Pace 1984, Code C.

Identification Procedures:

When An Identification Procedure Must Be Held
Different Types Of Identification Procedure
Procedure For Carrying Out An Identification Procedure Pace 1984, Code D.

Advising A Client, Including Vulnerable Clients, Whether To Answer Police Questions:

Right To Silence
Adverse Inferences.

Procedure For Interviewing A Suspect Under Pace 1984:

Role And Appropriate Conduct By Defence Legal Representative/ Solicitor, Including Representation Of Vulnerable Client
Role Of Appropriate Adult And Who Can Be An Appropriate Adult.
The Procedures And Processes Involved In Criminal Litigation

Bail Applications:

The Right To Bail And Exceptions
Conditional Bail
Procedure For Applying For Bail
Further Applications For Bail
Appeals Against Decisions On Bail
Absconding And Breaches Of Bail.

First Hearings Before The Magistrates’ Court:

Classification Of Offences
Applying For A Representation Order
Procedural Overview – What Will Happen At The Hearing
The Role Of The Defence Solicitor At The Hearing.

Plea Before Venue:

Procedure On Defendant Entering Plea
Advising The Client On Trial Venue.
Allocation Of Business Between Magistrates' Court And Crown Court:
Procedure Ss. 19–20 And S. 22a Magistrates' Courts Act 1980
Sending Without Allocation S. 50a Crime And Disorder Act 1998.

Case Management And Pre-Trial Hearings:

Magistrates' Court Case Management Directions
Plea And Trial Preparation Hearing
Disclosure – Prosecution, Defence And Unused Material.

Principles And Procedures To Admit And Exclude Evidence:

Burden And Standard Of Proof
Visual Identification Evidence And Turnbull Guidance
Inferences From Silence Ss. 34, 35, 36, 37, 38 Criminal Justice And Public Order Act 1994

Hearsay Evidence:

Definition
Grounds For Admitting Hearsay Evidence

Confession Evidence:

Definition
Admissibility
Challenging Admissibility Ss. 76 And 78 Pace 1984

Character Evidence:

Definition Of Bad Character
The 7 Gateways S. 101(1) Criminal Justice Act 2003
Procedure For Admitting Bad Character Evidence
Court’s Powers To Exclude Bad Character Evidence

Exclusion Of Evidence:

Scope And Application Of S. 78 Pace And The Right To A Fair Trial.
Trial Procedure In Magistrates’ Court And Crown Court:
Burden And Standard Of Proof
Stages Of A Criminal Trial, Including Submission Of No Case To Answer
Modes Of Address And Ccourt Room Etiquette
Difference Between Leading And Non-Leading Questions
Competence And Compellability
Special Measures
Solicitor’s Duty To The Court.

Sentencing:

Role Of Sentencing Guidelines
Determining Seriousness (Aggravating And Mitigating Facts)
Concurrent And Consecutive Sentences
Mitigation

Types Of Sentence:

Custodial Sentences
Suspended Sentences
Community Orders
Newton Hearings.

Appeals Procedure:

Appeals From The Magistrates’ Court:
Procedure For Appeal Against Conviction And/Or Sentence
Powers Of The Crown Court
Appeal To The High Court By Way Of Case Stated

Appeals From The Crown Court:

Grounds Of Appeal
Procedure For Making The Appeal
Powers Of The Court Of Appeal.

Youth Court Procedure:

Jurisdiction And Grave Crimes
Allocation
Youths Jointly Charged With Adult

Sentencing:

Role Of The Sentencing Children And Young People – Definitive Guidelines
Referral Orders
Detention And Training Orders
Youth Rehabilitation Orders.

Core Principles Of Contract Law

Formation:

Offer And Acceptance
Consideration
Intention To Create Legal Relations
Certainty
Capacity.

Parties:

Privity Of Contract
Rights Of Third Parties.

Contract Terms:

Express Terms
Incorporation Of Terms
Terms Implied By Common Law And Statute
Exemption Clauses
The Interpretation Of Contract Terms (Conditions, Warranties And Innominate Terms)
Variation.

Vitiating Factors:

Misrepresentation
Mistake
Unfair Contract Terms
Duress And Undue Influence
Illegality.

Termination:

Expiry Or Other Specified Event
Breach
Frustration
Basic Principles Of Restitution And Unjust Enrichment In The Context Of Termination Of Contract.

Remedies:

Damages
Liquidated Sums And Penalties
Specific Performance
Injunctions
Duty To Mitigate
Indemnities
Guarantees.

Causation And Remoteness

Core Principles Of Tort

Negligence:

Duty Of Care (Standard (General And Professional)) And Breach
Causation (Single And Multiple)
Remoteness And Loss
Principles Of Remedies For Personal Injury And Death Claims
Claims For Pure Economic Loss Arising From Either A Negligent Act Or Misstatement
Claims For Psychiatric Harm
Employers’ Primary Liability (Operation And Effect Of The Common Law Principles).

Defences:

Consent
Contributory Negligence
Illegality
Necessity.
Principles Of Vicarious Liability

Occupiers’ Liability:

Legal Requirements For A Claim Under The Occupiers’ Liability Act 1957 (In Relation To Visitors) And The Occupiers’ Liability Act 1984 (In Relation To Non-Visitors)
Defences
Exclusion Of Liability.

Product Liability:

Principles In Negligence
Principles Of The Consumer Protection Act 1987.

Nuisance:

Public And Private Nuisance
The Rule In Rylands V Fletcher
Remedies (Damages And Injunctions) And Defences.

Core Knowledge Areas Of Freehold Real Estate Law And Practice

Investigation Of A Registered And Unregistered Freehold Title:

Key Elements And Structure Of Freehold Property Transactions
Process Of Analysing Land Registry Official Copy Entries
Process Of Analysing An Epitome Of Title And Deducing Ownership
Issues That Could Arise From An Investigation Of Title And Further Action Required
Purpose And Process Of Reporting To The Client.

Pre-Contract Searches And Enquiries:

Range And Purpose Of Making Searches And Raising Enquiries
Who Would Make The Searches And Raise Enquiries
Results Of Searches And Enquiries.
Law Society Conveyancing Protocol

Finance:

Sources Of Finance For A Property Transaction
Types Of Mortgage.

Acting For A Lender:

Lender’s Requirements
Purpose Of A Certificate Of Title.

Preparation For And Exchange Of Contracts:

Key Conditions Contained In The:
Standard Conditions Of Sale
Standard Commercial Property Conditions.
Purpose Of, And Matters Covered By, Special Conditions
Methods Of Holding A Deposit:
Stakeholder
Agent.
Insurance And Risk
Basics Of Vat In A Contract
Timing For Issuing Certificate Of Title To A Lender
The Practice, Method And Authority To Exchange
Consequences Of Exchange.

Pre-Completion:

Form Of Transfer Deed And Formalities For Execution
Pre-Completion Searches
Pre-Completion Steps.

Completion And Post-Completion:

Methods And Effect Of Completion
Post-Completion Steps.
Remedies For Delayed Completion:
Common Law Damages
Contractual Compensation
Notice To Complete
Rescission.

Core Knowledge Areas Of Leasehold Real Estate Law And Practice

Structure And Content Of A Lease:

Repair
Insurance
Alterations
User And Planning
Rent And Rent Review
Alienation
Options For The Term Of A Lease
Code For Leasing Business Premises.

Procedural Steps For The Grant Of A Lease Or Underlease:

Drafting The Lease
Purpose Of An Agreement For Lease
Deduction Of Title
Pre-Contract Enquiries And Searches
Pre-Completion Formalities
Completion And Post-Completion Steps.

Procedural Steps For The Assignment Of A Lease:

Deduction Of Title
Pre-Contract Enquiries And Searches
Landlord’s Consent
Deed Of Assignment And Covenants For Title
Pre-Completion Formalities
Authorised Guarantee Agreement
Completion And Post-Completion Steps.

Licence To Assign And Licence To Underlet:

Purpose Of And Who Prepares The Draft
Privity Of Contract And How The Licence Deals With This
Key Provisions In The Licence.

Leasehold Covenants:
Liability On Covenants In Leases –

Leases Granted Before 1 January 1996
Leases Granted On Or After 1 January 1996.

Remedies For Breach Of A Leasehold Covenant:

Action In Debt
Forfeiture
Commercial Rent Arrears Recovery
Pursue Guarantors And/Or Rent Deposit
Specific Performance
Damages
Self-Help/Jervis V Harris Clause.

Termination Of A Lease:

Effluxion Of Time
Notice To Quit
Surrender
Merger.

Security Of Tenure Under A Business Lease:

Landlord And Tenant Act 1954 (Part Ii) –
Application Of 1954 Act
Renewal Lease By The Tenant
Termination By The Landlord
Landlord’s Grounds Of Opposition
Terms Of New Lease
Availability Of Compensation.
Core Principles Of Planning Law
Statutory Definition Of “Development
Matters That Do Not Constitute “Development”
Matters That Do Not Require Express Planning Permission
Building Regulation Control
Enforcement: Time Limits And The Range Of Local Planning Authority’s Enforcement Powers.

Taxation – Property

Stamp Duty Land Tax And Land Transaction Tax:

Basis Of Charge In Both England And Wales For:

Residential Property
Non-Residential Freehold Property.

Value Added Tax:

Basis Of Charge:

What Constitutes A Taxable Supply
Differences Between Standard, Exempt And Zero-Rated Supplies
Reasons Why A Client Would Make An Option To Tax And The Effect That Has.

Capital Gains Tax:

Basis Of Charge
Principal Private Dwelling-House Exemption.
Core Principles Of Land Law

Nature Of Land:

Distinction Between Real Property And Personal Property
How To Acquire And Transfer Legal And Equitable Estates
How To Acquire And Dispose Of Legal And Equitable Interests In Land
Methods To Protect And Enforce Third Party Interests
Different Ways In Which Land Can Be Held
Legal Formalities Required To Create And Transfer Interests And Estates In Land.

Title To Land:

Registration Of Title To Land:
Estates That Can Be Substantively Registered
How To Protect Interests
Interests That Override Registration And Interests That Need To Be Protected On The Register.

Core Principles Of Unregistered Title To Land:

Role Of Title Deeds
Land Charges
Continuing Role Of Doctrine Of Notice.

Co-Ownership And Trusts:

Differences Between Joint Tenants And Tenants In Common In Law And In Equity
Rule Of Survivorship
Severance Of Joint Tenancies
Solving Disagreements Between Co-Owners By Reference To Sections 14 And 15 Of Trusts Of Land & Appointment Of Trustees Act 1996.

Proprietary Rights:

Essential Characteristics Of Easements
Methods For Creation Of Easements
Rules For The Passing Of The Benefit And Burden Of Freehold Covenants
Mortgages, Including Enforceability Of Terms, Priority Of Mortgages, Lender’s Powers And Duties, And Protection Of Mortgagors And Other Third Parties With An Interest In The Land.

Leases:

Relationship Between Landlord And Tenant In A Lease
Essential Characteristics Of A Lease Including The Difference Between A Lease And A Licence
Privity Of Contract And Privity Of Estate
Rules For The Passing Of The Benefit And Burden Of Leasehold Covenants And Enforceability
Purpose And Effect Of An Alienation Covenant
Remedies For Breach Of Leasehold Covenants (Including Forfeiture)
Different Ways A Lease Can Be Terminated.

Wills And Intestacy

Validity Of Wills And Codicils:

Testamentary Capacity
Duress And Undue Influence
Formal Requirements.

Personal Representatives:

The Appointment Of Executors
Renunciation And Reservation Of Power.

Alterations And Amendments To Wills:

Effect Of Alterations Made To Wills Both Before And After Execution
Use Of Codicils.

Revocation Of Wills:

Methods Of Revocation
Effect Of Marriage And Divorce Of A Testator.

The Interpretation Of Wills:

Effect Of Different Types Of Gift
Failure Of Gifts.

The Intestacy Rules:

Section 46 Of The Administration Of Estates Act 1925
The Statutory Trusts.

Property Passing Outside The Estate:

Joint Property
Life Policies
Pension Scheme Benefits
Trust Property.

Probate And Administration Practice

Grants Of Representation:

Need For Grant
The Relevant Provisions Of The Non-Contentious Probate Rules
Application Procedure
Valuation Of Assets And Liabilities
Excepted Estates
Methods Of Funding The Initial Payment Of Inheritance Tax
Burden And Incidence Of Inheritance Tax.

Administration Of Estates:

Duties Of Personal Representatives
Liabilities Of Personal Representatives And Their Protection
The Sale Of Assets To Raise Funds To Pay Funeral Expenses, Tax, Debts And Legacies
Distribution Of The Estate.
Claims Against Estates Under The Inheritance (Provision For Family And Dependants) Act 1975:
Time Limit
Applicants
Ground.

Taxation – Wills And The Administration Of Estates

Inheritance Tax:

Lifetime Transfers That Are Immediately Chargeable And Those That Are Potentially Exempt
Transfers On Death
Exemptions And Reliefs
The Scope Of Anti-Avoidance Provisions.

Income And Capital Gains Tax In Respect Of The Period Of The Administration Of An Estate:

The Personal Representatives’ Liability To Income Tax And Capital Gains Tax
The Beneficiaries’ Liability To Capital Gains Tax On Inherited Assets.

Core Principles Of Trust Law

Creation And Requirements Of Express Trusts:

The Three Certainties Of Intention, Subject Matter And Objects:

Fixed Interest Trusts
Discretionary Trusts
Formalities To Create Express Inter Vivos Trusts
Constitution Of Express Inter Vivos Trusts And Exceptions To The Rule That Equity Will Not Assist A Volunteer.

Beneficial Entitlement:

Fixed, Discretionary, Vested, Contingent Interests
The Rule In Saunders V Vautier.
The Distinction Between Charitable Trusts And Non-Charitable Purpose Trusts

Resulting Trusts:

How They Arise And When They Are (Or Are Not) Presumed.

Trusts Of The Family Home:

Establishment Of A Common Intention Constructive Trust:

Legal Title In The Name Of Both Parties/Sole Party
Express Declaration Or Agreement As To Equitable Ownership
Direct And Indirect Contributions
Requirements To Establish Proprietary Estoppel.

Liability Of Strangers To The Trust:

Establishing Recipient Liability
Establishing Accessory Liability.

The Fiduciary Relationship And Its Obligations:

Duty Not To Profit From Fiduciary Position
Trustees Not To Purchase Trust Property
Fiduciary Not To Put Himself In A Position Where His Interest And Duty Conflict.

Trustees:

Who Can Be A Trustee; Appointment, Removal And Retirement Of Trustees
Trustees’ Duty Of Care
Trustees’ Duty To Invest (And Powers In Relation To Investment)
Trustees’ Statutory Powers Of Maintenance And Advancement.

Trustees’ Liability:

Breach Of Trust
Measure Of Liability
Protection Of Trustees
Limitation Period.
The Nature Of Equitable Remedies And The Availability Of Tracing In Equity.

Business Organisations, Rules And Procedures

(Excluding The Listing, Prospectus, Disclosure Guidance And Transparency Rules And Any Other Fca, London Stock Exchange, Market Rules Or Codes)

Business And Organisational Characteristics (Sole Trader/Partnership/Llp/Private And Unlisted Public Companies).

Legal Personality And 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
Companies House Filing Requirements.

Finance:

Funding Options: Debt And Equity
Types Of Security
Distribution Of Profits And Gains
Financial Records, Information And Accounting Requirements.

Corporate Governance And Compliance:

Rights, Duties And Powers Of Directors And Shareholders Of Companies
Company Decision-Making And Meetings: Procedural, Disclosure And Approval Requirements
Documentary, Record-Keeping, Statutory Filing And Disclosure Requirements
Appointment And Removal Of Directors
Minority Shareholder Protection.

Partnership Decision-Making And Authority Of Partners:

Procedures And Authority Under The Partnership Act 1890
Common Provisions In Partnership Agreements.

Insolvency (Corporate And Personal):

Options And Procedures - Cva/Iva, Bankruptcy, Administration, Fixed Asset Receivership, Voluntary And Compulsory Liquidation
Claw-Back Of Assets For Creditors – Preferences, Transactions At An Undervalue, Fraudulent And Wrongful Trading, Setting Aside A Floating Charge
Order Of Priority For Distribution To Creditors.

Taxation - Business

Income Tax:

Chargeable Persons/Entities (Employees, Sole Traders, Partners, Shareholders, Lenders And Debenture Holders)
Basis Of Charge (Types Of Income/Main Reliefs And Exemptions)
The Charge To Tax: Calculation And Collection
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)
The Charge To Tax: Calculation And Collection
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
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
Returns/Payment Of Vat And Record Keeping.

Inheritance Tax:

Business Property Relief.

Money Laundering And Financial Services

Money Laundering

Purpose And Scope Of Anti-Money Laundering Legislation, Including The International Context
Circumstances Encountered In The Course Of Practice Where Suspicion Of Money Laundering Should Be Reported In Accordance With The Legislation
The Appropriate Person Or Body To Whom Suspicions Should Be Reported, The Appropriate Time For Such Reports To Be Made And The Appropriate Procedure To Be Followed
Direct Involvement And Non-Direct Involvement Offences, And Defences To Those Offences Under Proceeds Of Crime Act 2002
Due Diligence Requirements.

Financial Services

The Financial Services Regulatory Framework, Including Authorisation, And How It Applies To Solicitors' Firms
Recognition Of Relevant Financial Services Issues, Including The Identification Of Specified Investments, Specified Activities And Relevant Exemptions
Application Of The Financial Services And Markets Act 2000 And Related Secondary Legislation To The Work Of A Solicitor
Appropriate Sources Of Information On Financial Services.

Ethics And Professional Conduct

Candidates Are Required To Demonstrate Their Ability To Act Honestly And With Integrity, And In Accordance With The Sra Standards And Regulations As Follows:

The Purpose, Scope And Content Of The Sra Principles

The Purpose, Scope And Content Of The:

Sra Code Of Conduct For Solicitors, Rels And Rfls
Sra Code Of Conduct For Firms In Relation To:
Managers In Authorised Firms
Compliance Officers.

Syllabus

Writing Assessment

Case And Matter Analysis On Each Theme

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Drafting

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Research

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Writing

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Oral Assessments

Client Interview And Attendance Note/Legal Analysis

Theme 1: Property Practice
Theme 2: Wills And Intestacy, Probate Administration And Practice)
Theme-Wise Oral Mocks For This Skill- 5 Assignments (Indicative)

Advocacy

Theme 1: Dispute Resolution
Theme 2: Criminal Litigation
Theme-Wise Oral Mocks For This Skill- 5 Assignments (Indicative)

Functioning Legal Knowledge For Sqe2

Core Principles Of Criminal Liability

The Core Principles Of Criminal Liability Relating To The Specified Criminal Offences Listed Below:

Specified Criminal Offences:

Offences Against The Person:
Assault And Battery

S. 47 Offences Against The Person Act 1861
S. 20 Offences Against The Person Act 1861
S. 18 Offences Against The Person Act 1861

Theft Offences:

S. 1 Theft Act 1968
S. 8 Theft Act 1968
S. 9 Theft Act 1968
S. 10 Theft Act 1968

Criminal Damage:

Simple Criminal Damage
Aggravated Criminal Damage
Arson

Homicide:

Murder
Voluntary Manslaughter
Involuntary Manslaughter (Unlawful Act Manslaughter, Manslaughter By Gross Negligence)

Fraud:

By False Representation
By Abuse Of Position
By Failing To Disclose.

Definition Of The Offence:

Actus Reus
Mens Rea.

General Defences:

Intoxication
Self-Defence/Defence Of Another.

Partial Defences:

Loss Of Control
Diminished Responsibility.

Parties:

Principal Offender
Accomplices
Joint Enterprise.

Inchoate Offences:

Attempt To Commit An Offence.

Advising Clients, Including Vulnerable Clients, About The Procedure And Processes At The Police Station

Rights Of A Suspect Being Detained By The Police For Questioning:

Right To Legal Advice
Right To Have Someone Informed Of Arrest
Reviews And Detention Time Limits Under Pace 1984, Code C.

Identification Procedures:

When An Identification Procedure Must Be Held
Different Types Of Identification Procedure
Procedure For Carrying Out An Identification Procedure Pace 1984, Code D.

Advising A Client, Including Vulnerable Clients, Whether To Answer Police Questions:

Right To Silence
Adverse Inferences.

Procedure For Interviewing A Suspect Under Pace 1984:

Role And Appropriate Conduct By Defence Legal Representative/ Solicitor, Including Representation Of Vulnerable Client
Role Of Appropriate Adult And Who Can Be An Appropriate Adult.
The Procedures And Processes Involved In Criminal Litigation

Bail Applications:

The Right To Bail And Exceptions
Conditional Bail
Procedure For Applying For Bail
Further Applications For Bail
Appeals Against Decisions On Bail
Absconding And Breaches Of Bail.

First Hearings Before The Magistrates’ Court:

Classification Of Offences
Applying For A Representation Order
Procedural Overview – What Will Happen At The Hearing
The Role Of The Defence Solicitor At The Hearing.

Plea Before Venue:

Procedure On Defendant Entering Plea
Advising The Client On Trial Venue.

Allocation Of Business Between Magistrates' Court And Crown Court:

Procedure Ss. 19–20 And S. 22a Magistrates' Courts Act 1980
Sending Without Allocation S. 50a Crime And Disorder Act 1998.

Case Management And Pre-Trial Hearings:

Magistrates' Court Case Management Directions
Plea And Trial Preparation Hearing
Disclosure – Prosecution, Defence And Unused Material.

Principles And Procedures To Admit And Exclude Evidence:

Burden And Standard Of Proof
Visual Identification Evidence And Turnbull Guidance
Inferences From Silence Ss. 34, 35, 36, 37, 38 Criminal Justice And Public Order Act 1994

Hearsay Evidence:

Definition
Grounds For Admitting Hearsay Evidence

Confession Evidence:

Definition
Admissibility
Challenging Admissibility Ss. 76 And 78 Pace 1984

Character Evidence:

Definition Of Bad Character
The 7 Gateways S. 101(1) Criminal Justice Act 2003
Procedure For Admitting Bad Character Evidence
Court’s Powers To Exclude Bad Character Evidence

Exclusion Of Evidence:

Scope And Application Of S. 78 Pace And The Right To A Fair Trial.

Trial Procedure In Magistrates’ Court And Crown Court:

Burden And Standard Of Proof
Stages Of A Criminal Trial, Including Submission Of No Case To Answer
Modes Of Address And Ccourt Room Etiquette
Difference Between Leading And Non-Leading Questions
Competence And Compellability
Special Measures
Solicitor’s Duty To The Court.

Sentencing:

Role Of Sentencing Guidelines
Determining Seriousness (Aggravating And Mitigating Facts)
Concurrent And Consecutive Sentences
Mitigation

Types Of Sentence:

Custodial Sentences
Suspended Sentences
Community Orders

Newton Hearings.

Appeals Procedure:

Appeals From The Magistrates’ Court:
Procedure For Appeal Against Conviction And/Or Sentence
Powers Of The Crown Court
Appeal To The High Court By Way Of Case Stated

Appeals From The Crown Court:

Grounds Of Appeal
Procedure For Making The Appeal
Powers Of The Court Of Appeal.

Youth Court Procedure:

Jurisdiction And Grave Crimes

Allocation

Youths Jointly Charged With Adult

Sentencing:

Role Of The Sentencing Children And Young People – Definitive Guidelines
Referral Orders
Detention And Training Orders
Youth Rehabilitation Orders.

The Principles, Procedures And Processes Involved In Dispute Resolution

Different Options For Dispute Resolution:

The Characteristics Of Arbitration, Mediation And Litigation Which Make Them An Appropriate Mechanism To Resolve A Dispute.

Resolving A Dispute Through A Civil Claim:

Preliminary Considerations: Limitation, Pre-Action Protocols:
Parties And Causes Of Action
Calculating Limitation Periods For Claims In Contract And Tort
Practice Direction – Pre-Action Conduct
Principles And Purpose Of Pre-Action Protocols Governing Particular Claims And Consequences For Failure To Follow Their Terms
Applicable Law: Mechanisms To Determine Which Country’s Laws Apply To A Contractual Or Tortious Claim Issued In The Courts Of England And Wales
Jurisdiction: Mechanisms To Determine Jurisdiction Over An International Contractual Or Tortious Claim.

Where To Start Proceedings:

Allocation Of Business Between The High Court And The County Court
Jurisdiction Of The Specialist Courts.

Issuing And Serving Proceedings:

Issuing A Claim Form
Adding, Removing Or Substituting Parties
Service Of A Claim Form Within The Jurisdiction
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
Service By An Alternative Method.

Responding To A Claim:

Admitting The Claim
Acknowledging Service And Filing A Defence And/Or Counterclaim
Disputing The Court’s Jurisdiction
Entering And Setting Aside Judgment In Default
Discontinuance And Settlement
Time Limits For Responding To A Claim.

Statements Of Case:

Purpose, Structure And Content Of A Claim Form, Particulars Of Claim, Or Defence Relating To A Claim In Contract Or Tort
Purpose, Structure And Content Of A Reply, Part 20 Claim, Or Defence To Part 20 Claim
Requests For Further Information About Statements Of Case
Amendments.

Interim Applications:

Procedure For Making An Application
Purpose, Procedure And Evidence Required For Particular Applications:
Summary Judgment
Interim Payments
Interim Injunctions.

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
Costs And Case Management Conferences.

Evidence:

Relevance, Hearsay And Admissibility
The Burden And Standard Of Proof

Expert Evidence -

Opinion Evidence
Duties Of Experts
Single Joint Experts
Discussion Between Experts

Witness Evidence -

Witness Statements
Affidavitsaffadavits.

Disclosure And Inspection:

Standard Disclosure
Orders For Disclosure
Specific Disclosure
Pre-Action And Non-Party Disclosure
Electronic Disclosure
Privilege And Without Prejudice Communications
Waiver Of Privilege.

Trial:

Summoning Witnesses

Preparations For Trial -

Purpose Of Pre-Trial Checklists And Hearings
Purpose Of Trial Bundles.
Trial Procedure
The Nature And Effect Of Judgment.

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
Fixed And Assessed Costs.

Appeals:

Permission
Destination Of Appeals
Grounds For Appeals.

Enforcement Of Money Judgments:

Oral Examination
Methods Of Enforcement
Procedure And Mechanisms For Effecting Valid Enforcement In Another Jurisdiction.
Core Principles Of Contract Law

Formation:

Offer And Acceptance
Consideration
Intention To Create Legal Relations
Certainty
Capacity.

Parties:

Privity Of Contract
Rights Of Third Parties.

Contract Terms:

Express Terms
Incorporation Of Terms
Terms Implied By Common Law And Statute
Exemption Clauses
The Interpretation Of Contract Terms (Conditions, Warranties And Innominate Terms)
Variation.

Vitiating Factors:
Misrepresentation
Mistake
Unfair Contract Terms
Duress And Undue Influence
Illegality.

Termination:

Expiry Or Other Specified Event
Breach
Frustration
Basic Principles Of Restitution And Unjust Enrichment In The Context Of Termination Of Contract.

Remedies:

Damages
Liquidated Sums And Penalties
Specific Performance
Injunctions
Duty To Mitigate
Indemnities
Guarantees.

Causation And Remoteness

Core Principles Of Tort

Negligence:

Duty Of Care (Standard (General And Professional)) And Breach
Causation (Single And Multiple)
Remoteness And Loss
Principles Of Remedies For Personal Injury And Death Claims
Claims For Pure Economic Loss Arising From Either A Negligent Act Or Misstatement
Claims For Psychiatric Harm
Employers’ Primary Liability (Operation And Effect Of The Common Law Principles).

Defences:

Consent
Contributory Negligence
Illegality
Necessity.

Principles Of Vicarious Liability

Occupiers’ Liability:

Legal Requirements For A Claim Under The Occupiers’ Liability Act 1957 (In Relation To Visitors) And The Occupiers’ Liability Act 1984 (In Relation To Non-Visitors)
Defences
Exclusion Of Liability.

Product Liability:

Principles In Negligence
Principles Of The Consumer Protection Act 1987.

Nuisance:

Public And Private Nuisance
The Rule In Rylands V Fletcher
Remedies (Damages And Injunctions) And Defences.

Core Knowledge Areas Of Freehold Real Estate Law And Practice

Investigation Of A Registered And Unregistered Freehold Title:

Key Elements And Structure Of Freehold Property Transactions
Process Of Analysing Land Registry Official Copy Entries
Process Of Analysing An Epitome Of Title And Deducing Ownership
Issues That Could Arise From An Investigation Of Title And Further Action Required
Purpose And Process Of Reporting To The Client.

Pre-Contract Searches And Enquiries:

Range And Purpose Of Making Searches And Raising Enquiries
Who Would Make The Searches And Raise Enquiries
Results Of Searches And Enquiries.

Law Society Conveyancing Protocol

Finance:

Sources Of Finance For A Property Transaction
Types Of Mortgage.

Acting For A Lender:

Lender’s Requirements
Purpose Of A Certificate Of Title.

Preparation For And Exchange Of Contracts:

Key Conditions Contained In The:

Standard Conditions Of Sale
Standard Commercial Property Conditions.
Purpose Of, And Matters Covered By, Special Conditions

Methods Of Holding A Deposit:

Stakeholder
Agent.
Insurance And Risk
Basics Of Vat In A Contract
Timing For Issuing Certificate Of Title To A Lender
The Practice, Method And Authority To Exchange
Consequences Of Exchange.

Pre-Completion:

Form Of Transfer Deed And Formalities For Execution
Pre-Completion Searches
Pre-Completion Steps.

Completion And Post-Completion:

Methods And Effect Of Completion
Post-Completion Steps.

Remedies For Delayed Completion:

Common Law Damages
Contractual Compensation
Notice To Complete
Rescission.

Core Knowledge Areas Of Leasehold Real Estate Law And Practice

Structure And Content Of A Lease:

Repair
Insurance
Alterations
User And Planning
Rent And Rent Review
Alienation
Options For The Term Of A Lease
Code For Leasing Business Premises.

Procedural Steps For The Grant Of A Lease Or Underlease:

Drafting The Lease
Purpose Of An Agreement For Lease
Deduction Of Title
Pre-Contract Enquiries And Searches
Pre-Completion Formalities
Completion And Post-Completion Steps.

Procedural Steps For The Assignment Of A Lease:

Deduction Of Title
Pre-Contract Enquiries And Searches
Landlord’s Consent
Deed Of Assignment And Covenants For Title
Pre-Completion Formalities
Authorised Guarantee Agreement
Completion And Post-Completion Steps.

Licence To Assign And Licence To Underlet:

Purpose Of And Who Prepares The Draft
Privity Of Contract And How The Licence Deals With This
Key Provisions In The Licence.

Leasehold Covenants:

Liability On Covenants In Leases –
Leases Granted Before 1 January 1996
Leases Granted On Or After 1 January 1996.

Remedies For Breach Of A Leasehold Covenant:

Action In Debt
Forfeiture
Commercial Rent Arrears Recovery
Pursue Guarantors And/Or Rent Deposit
Specific Performance
Damages
Self-Help/Jervis V Harris Clause.

Termination Of A Lease:

Effluxion Of Time
Notice To Quit
Surrender
Merger.

Security Of Tenure Under A Business Lease:

Landlord And Tenant Act 1954 (Part Ii) –

Application Of 1954 Act
Renewal Lease By The Tenant
Termination By The Landlord
Landlord’s Grounds Of Opposition
Terms Of New Lease
Availability Of Compensation.

Core Principles Of Planning Law

Statutory Definition Of “Development”

Matters That Do Not Constitute “Development”

Matters That Do Not Require Express Planning Permission

Building Regulation Control

Enforcement: Time Limits And The Range Of Local Planning Authority’s Enforcement Powers.

Taxation – Property

Stamp Duty Land Tax And Land Transaction Tax:

Basis Of Charge In Both England And Wales For:

Residential Property
Non-Residential Freehold Property.

Value Added Tax:

Basis Of Charge:

What Constitutes A Taxable Supply
Differences Between Standard, Exempt And Zero-Rated Supplies

Reasons Why A Client Would Make An Option To Tax And The Effect That Has.

Capital Gains Tax:

Basis Of Charge
Principal Private Dwelling-House Exemption.

Core Principles Of Land Law

Nature Of Land:

Distinction Between Real Property And Personal Property
How To Acquire And Transfer Legal And Equitable Estates
How To Acquire And Dispose Of Legal And Equitable Interests In Land
Methods To Protect And Enforce Third Party Interests
Different Ways In Which Land Can Be Held
Legal Formalities Required To Create And Transfer Interests And Estates In Land.

Title To Land:

Registration Of Title To Land:

Estates That Can Be Substantively Registered
How To Protect Interests
Interests That Override Registration And Interests That Need To Be Protected On The Register.

Core Principles Of Unregistered Title To Land:

Role Of Title Deeds
Land Charges

Continuing Role Of Doctrine Of Notice.

Co-Ownership And Trusts:

Differences Between Joint Tenants And Tenants In Common In Law And In Equity
Rule Of Survivorship
Severance Of Joint Tenancies
Solving Disagreements Between Co-Owners By Reference To Sections 14 And 15 Of Trusts Of Land & Appointment Of Trustees Act 1996.

Proprietary Rights:

Essential Characteristics Of Easements
Methods For Creation Of Easements
Rules For The Passing Of The Benefit And Burden Of Freehold Covenants
Mortgages, Including Enforceability Of Terms, Priority Of Mortgages, Lender’s Powers And Duties, And Protection Of Mortgagors And Other Third Parties With An Interest In The Land.

Leases:

Relationship Between Landlord And Tenant In A Lease
Essential Characteristics Of A Lease Including The Difference Between A Lease And A Licence
Privity Of Contract And Privity Of Estate
Rules For The Passing Of The Benefit And Burden Of Leasehold Covenants And Enforceability
Purpose And Effect Of An Alienation Covenant
Remedies For Breach Of Leasehold Covenants (Including Forfeiture)
Different Ways A Lease Can Be Terminated.

Wills And Intestacy

Validity Of Wills And Codicils:

Testamentary Capacity
Duress And Undue Influence
Formal Requirements.

Personal Representatives:

The Appointment Of Executors
Renunciation And Reservation Of Power.

Alterations And Amendments To Wills:

Effect Of Alterations Made To Wills Both Before And After Execution
Use Of Codicils.

Revocation Of Wills:

Methods Of Revocation
Effect Of Marriage And Divorce Of A Testator.

The Interpretation Of Wills:

Effect Of Different Types Of Gift
Failure Of Gifts.

The Intestacy Rules:

Section 46 Of The Administration Of Estates Act 1925
The Statutory Trusts.

Property Passing Outside The Estate:

Joint Property
Life Policies
Pension Scheme Benefits
Trust Property.

Probate And Administration Practice

Grants Of Representation:

Need For Grant
The Relevant Provisions Of The Non-Contentious Probate Rules
Application Procedure
Valuation Of Assets And Liabilities
Excepted Estates
Methods Of Funding The Initial Payment Of Inheritance Tax
Burden And Incidence Of Inheritance Tax.

Administration Of Estates:

Duties Of Personal Representatives
Liabilities Of Personal Representatives And Their Protection
The Sale Of Assets To Raise Funds To Pay Funeral Expenses, Tax, Debts And Legacies
Distribution Of The Estate.

Claims Against Estates Under The Inheritance (Provision For Family And Dependants) Act 1975:

Time Limit
Applicants
Ground.

Taxation – Wills And The Administration Of Estates

Inheritance Tax:

Lifetime Transfers That Are Immediately Chargeable And Those That Are Potentially Exempt
Transfers On Death
Exemptions And Reliefs
The Scope Of Anti-Avoidance Provisions.

Income And Capital Gains Tax In Respect Of The Period Of The Administration Of An Estate:

The Personal Representatives’ Liability To Income Tax And Capital Gains Tax
The Beneficiaries’ Liability To Capital Gains Tax On Inherited Assets.

Core Principles Of Trust Law

Creation And Requirements Of Express Trusts:

The Three Certainties Of Intention, Subject Matter And Objects:

Fixed Interest Trusts
Discretionary Trusts
Formalities To Create Express Inter Vivos Trusts
Constitution Of Express Inter Vivos Trusts And Exceptions To The Rule That Equity Will Not Assist A Volunteer.

Beneficial Entitlement:

Fixed, Discretionary, Vested, Contingent Interests
The Rule In Saunders V Vautier.

The Distinction Between Charitable Trusts And Non-Charitable Purpose Trusts

Resulting Trusts:

How They Arise And When They Are (Or Are Not) Presumed.

Trusts Of The Family Home:

Establishment Of A Common Intention Constructive Trust:
Legal Title In The Name Of Both Parties/Sole Party
Express Declaration Or Agreement As To Equitable Ownership
Direct And Indirect Contributions
Requirements To Establish Proprietary Estoppel.

Liability Of Strangers To The Trust:

Establishing Recipient Liability
Establishing Accessory Liability.

The Fiduciary Relationship And Its Obligations:

Duty Not To Profit From Fiduciary Position
Trustees Not To Purchase Trust Property
Fiduciary Not To Put Himself In A Position Where His Interest And Duty Conflict.

Trustees:

Who Can Be A Trustee; Appointment, Removal And Retirement Of Trustees
Trustees’ Duty Of Care
Trustees’ Duty To Invest (And Powers In Relation To Investment)
Trustees’ Statutory Powers Of Maintenance And Advancement.

Trustees’ Liability:

Breach Of Trust
Measure Of Liability
Protection Of Trustees
Limitation Period.

The Nature Of Equitable Remedies And The Availability Of Tracing In Equity.

Business Organisations, Rules And Procedures

(Excluding The Listing, Prospectus, Disclosure Guidance And Transparency Rules And Any Other Fca, London Stock Exchange, Market Rules Or Codes)

Business And Organisational Characteristics (Sole Trader/Partnership/Llp/Private And Unlisted Public Companies).

Legal Personality And 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
Companies House Filing Requirements.

Finance:

Funding Options: Debt And Equity
Types Of Security
Distribution Of Profits And Gains
Financial Records, Information And Accounting Requirements.

Corporate Governance And Compliance:

Rights, Duties And Powers Of Directors And Shareholders Of Companies
Company Decision-Making And Meetings: Procedural, Disclosure And Approval Requirements
Documentary, Record-Keeping, Statutory Filing And Disclosure Requirements
Appointment And Removal Of Directors
Minority Shareholder Protection.

Partnership Decision-Making And Authority Of Partners:

Procedures And Authority Under The Partnership Act 1890
Common Provisions In Partnership Agreements.

Insolvency (Corporate And Personal):

Options And Procedures - Cva/Iva, Bankruptcy, Administration, Fixed Asset Receivership, Voluntary And Compulsory Liquidation
Claw-Back Of Assets For Creditors – Preferences, Transactions At An Undervalue, Fraudulent And Wrongful Trading, Setting Aside A Floating Charge
Order Of Priority For Distribution To Creditors.

Taxation - Business

Income Tax:

Chargeable Persons/Entities (Employees, Sole Traders, Partners, Shareholders, Lenders And Debenture Holders)
Basis Of Charge (Types Of Income/Main Reliefs And Exemptions)
The Charge To Tax: Calculation And Collection
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)
The Charge To Tax: Calculation And Collection
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
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
Returns/Payment Of Vat And Record Keeping.

Inheritance Tax:

Business Property Relief.

Money Laundering And Financial Services

Money Laundering

Purpose And Scope Of Anti-Money Laundering Legislation, Including The International Context
Circumstances Encountered In The Course Of Practice Where Suspicion Of Money Laundering Should Be Reported In Accordance With The Legislation
The Appropriate Person Or Body To Whom Suspicions Should Be Reported, The Appropriate Time For Such Reports To Be Made And The Appropriate Procedure To Be Followed
Direct Involvement And Non-Direct Involvement Offences, And Defences To Those Offences Under Proceeds Of Crime Act 2002
Due Diligence Requirements.

Financial Services

The Financial Services Regulatory Framework, Including Authorisation, And How It Applies To Solicitors' Firms
Recognition Of Relevant Financial Services Issues, Including The Identification Of Specified Investments, Specified Activities And Relevant Exemptions
Application Of The Financial Services And Markets Act 2000 And Related Secondary Legislation To The Work Of A Solicitor
Appropriate Sources Of Information On Financial Services.

Ethics And Professional Conduct

Candidates Are Required To Demonstrate Their Ability To Act Honestly And With Integrity, And In Accordance With The Sra Standards And Regulations As Follows:

The Purpose, Scope And Content Of The Sra Principles
The Purpose, Scope And Content Of The:
Sra Code Of Conduct For Solicitors, Rels And Rfls
Sra Code Of Conduct For Firms In Relation To:
Managers In Authorised Firms
Compliance Officers.

Syllabus

Writing Assessment

Case And Matter Analysis On Each Theme

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Drafting

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Research

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Legal Writing

Theme-Wise Assignments For This Skill- 10 Assignments (Indicative)

Oral Assessments

Client Interview And Attendance Note/Legal Analysis

Theme 1: Property Practice
Theme 2: Wills And Intestacy, Probate Administration And Practice)
Theme-Wise Oral Mocks For This Skill- 5 Assignments (Indicative)

Advocacy

Theme 1: Dispute Resolution
Theme 2: Criminal Litigation
Theme-Wise Oral Mocks For This Skill- 5 Assignments (Indicative)

Functioning Legal Knowledge For Sqe2

Core Principles Of Criminal Liability

The Core Principles Of Criminal Liability Relating To The Specified Criminal Offences Listed Below:

Specified Criminal Offences:

Offences Against The Person:
Assault And Battery

S. 47 Offences Against The Person Act 1861
S. 20 Offences Against The Person Act 1861
S. 18 Offences Against The Person Act 1861

Theft Offences:

S. 1 Theft Act 1968
S. 8 Theft Act 1968
S. 9 Theft Act 1968
S. 10 Theft Act 1968

Criminal Damage:

Simple Criminal Damage
Aggravated Criminal Damage
Arson

Homicide:

Murder
Voluntary Manslaughter
Involuntary Manslaughter (Unlawful Act Manslaughter, Manslaughter By Gross Negligence)

Fraud:

By False Representation
By Abuse Of Position
By Failing To Disclose.

Definition Of The Offence:

Actus Reus
Mens Rea.

General Defences:

Intoxication
Self-Defence/Defence Of Another.

Partial Defences:

Loss Of Control
Diminished Responsibility.

Parties:

Principal Offender
Accomplices
Joint Enterprise.

Inchoate Offences:

Attempt To Commit An Offence.

Advising Clients, Including Vulnerable Clients, About The Procedure And Processes At The Police Station

Rights Of A Suspect Being Detained By The Police For Questioning:

Right To Legal Advice
Right To Have Someone Informed Of Arrest
Reviews And Detention Time Limits Under Pace 1984, Code C.

Identification Procedures:

When An Identification Procedure Must Be Held
Different Types Of Identification Procedure
Procedure For Carrying Out An Identification Procedure Pace 1984, Code D.

Advising A Client, Including Vulnerable Clients, Whether To Answer Police Questions:

Right To Silence
Adverse Inferences.

Procedure For Interviewing A Suspect Under Pace 1984:

Role And Appropriate Conduct By Defence Legal Representative/ Solicitor, Including Representation Of Vulnerable Client
Role Of Appropriate Adult And Who Can Be An Appropriate Adult.
The Procedures And Processes Involved In Criminal Litigation

Bail Applications:

The Right To Bail And Exceptions
Conditional Bail
Procedure For Applying For Bail
Further Applications For Bail
Appeals Against Decisions On Bail
Absconding And Breaches Of Bail.

First Hearings Before The Magistrates’ Court:

Classification Of Offences
Applying For A Representation Order
Procedural Overview – What Will Happen At The Hearing
The Role Of The Defence Solicitor At The Hearing.

Plea Before Venue:

Procedure On Defendant Entering Plea
Advising The Client On Trial Venue.

Allocation Of Business Between Magistrates' Court And Crown Court:

Procedure Ss. 19–20 And S. 22a Magistrates' Courts Act 1980
Sending Without Allocation S. 50a Crime And Disorder Act 1998.

Case Management And Pre-Trial Hearings:

Magistrates' Court Case Management Directions
Plea And Trial Preparation Hearing
Disclosure – Prosecution, Defence And Unused Material.

Principles And Procedures To Admit And Exclude Evidence:

Burden And Standard Of Proof
Visual Identification Evidence And Turnbull Guidance
Inferences From Silence Ss. 34, 35, 36, 37, 38 Criminal Justice And Public Order Act 1994

Hearsay Evidence:

Definition
Grounds For Admitting Hearsay Evidence

Confession Evidence:

Definition
Admissibility
Challenging Admissibility Ss. 76 And 78 Pace 1984

Character Evidence:

Definition Of Bad Character
The 7 Gateways S. 101(1) Criminal Justice Act 2003
Procedure For Admitting Bad Character Evidence
Court’s Powers To Exclude Bad Character Evidence

Exclusion Of Evidence:

Scope And Application Of S. 78 Pace And The Right To A Fair Trial.

Trial Procedure In Magistrates’ Court And Crown Court:

Burden And Standard Of Proof
Stages Of A Criminal Trial, Including Submission Of No Case To Answer
Modes Of Address And Ccourt Room Etiquette
Difference Between Leading And Non-Leading Questions
Competence And Compellability
Special Measures
Solicitor’s Duty To The Court.

Sentencing:

Role Of Sentencing Guidelines
Determining Seriousness (Aggravating And Mitigating Facts)
Concurrent And Consecutive Sentences
Mitigation

Types Of Sentence:

Custodial Sentences
Suspended Sentences
Community Orders

Newton Hearings.

Appeals Procedure:

Appeals From The Magistrates’ Court:
Procedure For Appeal Against Conviction And/Or Sentence
Powers Of The Crown Court
Appeal To The High Court By Way Of Case Stated

Appeals From The Crown Court:

Grounds Of Appeal
Procedure For Making The Appeal
Powers Of The Court Of Appeal.

Youth Court Procedure:

Jurisdiction And Grave Crimes

Allocation

Youths Jointly Charged With Adult

Sentencing:

Role Of The Sentencing Children And Young People – Definitive Guidelines
Referral Orders
Detention And Training Orders
Youth Rehabilitation Orders.

The Principles, Procedures And Processes Involved In Dispute Resolution

Different Options For Dispute Resolution:

The Characteristics Of Arbitration, Mediation And Litigation Which Make Them An Appropriate Mechanism To Resolve A Dispute.

Resolving A Dispute Through A Civil Claim:

Preliminary Considerations: Limitation, Pre-Action Protocols:
Parties And Causes Of Action
Calculating Limitation Periods For Claims In Contract And Tort
Practice Direction – Pre-Action Conduct
Principles And Purpose Of Pre-Action Protocols Governing Particular Claims And Consequences For Failure To Follow Their Terms
Applicable Law: Mechanisms To Determine Which Country’s Laws Apply To A Contractual Or Tortious Claim Issued In The Courts Of England And Wales
Jurisdiction: Mechanisms To Determine Jurisdiction Over An International Contractual Or Tortious Claim.

Where To Start Proceedings:

Allocation Of Business Between The High Court And The County Court
Jurisdiction Of The Specialist Courts.

Issuing And Serving Proceedings:

Issuing A Claim Form
Adding, Removing Or Substituting Parties
Service Of A Claim Form Within The Jurisdiction
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
Service By An Alternative Method.

Responding To A Claim:

Admitting The Claim
Acknowledging Service And Filing A Defence And/Or Counterclaim
Disputing The Court’s Jurisdiction
Entering And Setting Aside Judgment In Default
Discontinuance And Settlement
Time Limits For Responding To A Claim.

Statements Of Case:

Purpose, Structure And Content Of A Claim Form, Particulars Of Claim, Or Defence Relating To A Claim In Contract Or Tort
Purpose, Structure And Content Of A Reply, Part 20 Claim, Or Defence To Part 20 Claim
Requests For Further Information About Statements Of Case
Amendments.

Interim Applications:

Procedure For Making An Application
Purpose, Procedure And Evidence Required For Particular Applications:
Summary Judgment
Interim Payments
Interim Injunctions.

Evidence:

Relevance, Hearsay And Admissibility
The Burden And Standard Of Proof

Expert Evidence -

Opinion Evidence
Duties Of Experts
Single Joint Experts
Discussion Between Experts

Witness Evidence -

Witness Statements
Affidavitsaffadavits.

Disclosure And Inspection:

Standard Disclosure
Orders For Disclosure
Specific Disclosure
Pre-Action And Non-Party Disclosure
Electronic Disclosure
Privilege And Without Prejudice Communications
Waiver Of Privilege.

Trial:

Summoning Witnesses

Preparations For Trial -

Purpose Of Pre-Trial Checklists And Hearings
Purpose Of Trial Bundles.
Trial Procedure
The Nature And Effect Of Judgment.

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
Fixed And Assessed Costs.

Appeals:

Permission
Destination Of Appeals
Grounds For Appeals.

Enforcement Of Money Judgments:

Oral Examination
Methods Of Enforcement
Procedure And Mechanisms For Effecting Valid Enforcement In Another Jurisdiction.
Core Principles Of Contract Law

Formation:

Offer And Acceptance
Consideration
Intention To Create Legal Relations
Certainty
Capacity.

Parties:

Privity Of Contract
Rights Of Third Parties.

Contract Terms:

Express Terms
Incorporation Of Terms
Terms Implied By Common Law And Statute
Exemption Clauses
The Interpretation Of Contract Terms (Conditions, Warranties And Innominate Terms)
Variation.

Vitiating Factors:
Misrepresentation
Mistake
Unfair Contract Terms
Duress And Undue Influence
Illegality.

Termination:

Expiry Or Other Specified Event
Breach
Frustration
Basic Principles Of Restitution And Unjust Enrichment In The Context Of Termination Of Contract.

Remedies:

Damages
Liquidated Sums And Penalties
Specific Performance
Injunctions
Duty To Mitigate
Indemnities
Guarantees.

Causation And Remoteness

Core Principles Of Tort

Negligence:

Duty Of Care (Standard (General And Professional)) And Breach
Causation (Single And Multiple)
Remoteness And Loss
Principles Of Remedies For Personal Injury And Death Claims
Claims For Pure Economic Loss Arising From Either A Negligent Act Or Misstatement
Claims For Psychiatric Harm
Employers’ Primary Liability (Operation And Effect Of The Common Law Principles).

Defences:

Consent
Contributory Negligence
Illegality
Necessity.

Principles Of Vicarious Liability

Occupiers’ Liability:

Legal Requirements For A Claim Under The Occupiers’ Liability Act 1957 (In Relation To Visitors) And The Occupiers’ Liability Act 1984 (In Relation To Non-Visitors)
Defences
Exclusion Of Liability.

Product Liability:

Principles In Negligence
Principles Of The Consumer Protection Act 1987.

Nuisance:

Public And Private Nuisance
The Rule In Rylands V Fletcher
Remedies (Damages And Injunctions) And Defences.

Core Knowledge Areas Of Freehold Real Estate Law And Practice

Investigation Of A Registered And Unregistered Freehold Title:

Key Elements And Structure Of Freehold Property Transactions
Process Of Analysing Land Registry Official Copy Entries
Process Of Analysing An Epitome Of Title And Deducing Ownership
Issues That Could Arise From An Investigation Of Title And Further Action Required
Purpose And Process Of Reporting To The Client.

Pre-Contract Searches And Enquiries:

Range And Purpose Of Making Searches And Raising Enquiries
Who Would Make The Searches And Raise Enquiries
Results Of Searches And Enquiries.

Law Society Conveyancing Protocol

Finance:

Sources Of Finance For A Property Transaction
Types Of Mortgage.

Acting For A Lender:

Lender’s Requirements
Purpose Of A Certificate Of Title.

Preparation For And Exchange Of Contracts:

Key Conditions Contained In The:

Standard Conditions Of Sale
Standard Commercial Property Conditions.
Purpose Of, And Matters Covered By, Special Conditions

Methods Of Holding A Deposit:

Stakeholder
Agent.
Insurance And Risk
Basics Of Vat In A Contract
Timing For Issuing Certificate Of Title To A Lender
The Practice, Method And Authority To Exchange
Consequences Of Exchange.

Pre-Completion:

Form Of Transfer Deed And Formalities For Execution
Pre-Completion Searches
Pre-Completion Steps.

Completion And Post-Completion:

Methods And Effect Of Completion
Post-Completion Steps.

Remedies For Delayed Completion:

Common Law Damages
Contractual Compensation
Notice To Complete
Rescission.

Core Knowledge Areas Of Leasehold Real Estate Law And Practice

Structure And Content Of A Lease:

Repair
Insurance
Alterations
User And Planning
Rent And Rent Review
Alienation
Options For The Term Of A Lease
Code For Leasing Business Premises.

Procedural Steps For The Grant Of A Lease Or Underlease:

Drafting The Lease
Purpose Of An Agreement For Lease
Deduction Of Title
Pre-Contract Enquiries And Searches
Pre-Completion Formalities
Completion And Post-Completion Steps.

Procedural Steps For The Assignment Of A Lease:

Deduction Of Title
Pre-Contract Enquiries And Searches
Landlord’s Consent
Deed Of Assignment And Covenants For Title
Pre-Completion Formalities
Authorised Guarantee Agreement
Completion And Post-Completion Steps.

Licence To Assign And Licence To Underlet:

Purpose Of And Who Prepares The Draft
Privity Of Contract And How The Licence Deals With This
Key Provisions In The Licence.

Leasehold Covenants:

Liability On Covenants In Leases –
Leases Granted Before 1 January 1996
Leases Granted On Or After 1 January 1996.

Remedies For Breach Of A Leasehold Covenant:

Action In Debt
Forfeiture
Commercial Rent Arrears Recovery
Pursue Guarantors And/Or Rent Deposit
Specific Performance
Damages
Self-Help/Jervis V Harris Clause.

Termination Of A Lease:

Effluxion Of Time
Notice To Quit
Surrender
Merger.

Security Of Tenure Under A Business Lease:

Landlord And Tenant Act 1954 (Part Ii) –

Application Of 1954 Act
Renewal Lease By The Tenant
Termination By The Landlord
Landlord’s Grounds Of Opposition
Terms Of New Lease
Availability Of Compensation.

Core Principles Of Planning Law

Statutory Definition Of “Development”

Matters That Do Not Constitute “Development”

Matters That Do Not Require Express Planning Permission

Building Regulation Control

Enforcement: Time Limits And The Range Of Local Planning Authority’s Enforcement Powers.

Taxation – Property

Stamp Duty Land Tax And Land Transaction Tax:

Basis Of Charge In Both England And Wales For:

Residential Property
Non-Residential Freehold Property.

Value Added Tax:

Basis Of Charge:

What Constitutes A Taxable Supply
Differences Between Standard, Exempt And Zero-Rated Supplies

Reasons Why A Client Would Make An Option To Tax And The Effect That Has.

Capital Gains Tax:

Basis Of Charge
Principal Private Dwelling-House Exemption.

Core Principles Of Land Law

Nature Of Land:

Distinction Between Real Property And Personal Property
How To Acquire And Transfer Legal And Equitable Estates
How To Acquire And Dispose Of Legal And Equitable Interests In Land
Methods To Protect And Enforce Third Party Interests
Different Ways In Which Land Can Be Held
Legal Formalities Required To Create And Transfer Interests And Estates In Land.

Title To Land:

Registration Of Title To Land:

Estates That Can Be Substantively Registered
How To Protect Interests
Interests That Override Registration And Interests That Need To Be Protected On The Register.

Core Principles Of Unregistered Title To Land:

Role Of Title Deeds
Land Charges

Continuing Role Of Doctrine Of Notice.

Co-Ownership And Trusts:

Differences Between Joint Tenants And Tenants In Common In Law And In Equity
Rule Of Survivorship
Severance Of Joint Tenancies
Solving Disagreements Between Co-Owners By Reference To Sections 14 And 15 Of Trusts Of Land & Appointment Of Trustees Act 1996.

Proprietary Rights:

Essential Characteristics Of Easements
Methods For Creation Of Easements
Rules For The Passing Of The Benefit And Burden Of Freehold Covenants
Mortgages, Including Enforceability Of Terms, Priority Of Mortgages, Lender’s Powers And Duties, And Protection Of Mortgagors And Other Third Parties With An Interest In The Land.

Leases:

Relationship Between Landlord And Tenant In A Lease
Essential Characteristics Of A Lease Including The Difference Between A Lease And A Licence
Privity Of Contract And Privity Of Estate
Rules For The Passing Of The Benefit And Burden Of Leasehold Covenants And Enforceability
Purpose And Effect Of An Alienation Covenant
Remedies For Breach Of Leasehold Covenants (Including Forfeiture)
Different Ways A Lease Can Be Terminated.

Wills And Intestacy

Validity Of Wills And Codicils:

Testamentary Capacity
Duress And Undue Influence
Formal Requirements.

Personal Representatives:

The Appointment Of Executors
Renunciation And Reservation Of Power.

Alterations And Amendments To Wills:

Effect Of Alterations Made To Wills Both Before And After Execution
Use Of Codicils.

Revocation Of Wills:

Methods Of Revocation
Effect Of Marriage And Divorce Of A Testator.

The Interpretation Of Wills:

Effect Of Different Types Of Gift
Failure Of Gifts.

The Intestacy Rules:

Section 46 Of The Administration Of Estates Act 1925
The Statutory Trusts.

Property Passing Outside The Estate:

Joint Property
Life Policies
Pension Scheme Benefits
Trust Property.

Probate And Administration Practice

Grants Of Representation:

Need For Grant
The Relevant Provisions Of The Non-Contentious Probate Rules
Application Procedure
Valuation Of Assets And Liabilities
Excepted Estates
Methods Of Funding The Initial Payment Of Inheritance Tax
Burden And Incidence Of Inheritance Tax.

Administration Of Estates:

Duties Of Personal Representatives
Liabilities Of Personal Representatives And Their Protection
The Sale Of Assets To Raise Funds To Pay Funeral Expenses, Tax, Debts And Legacies
Distribution Of The Estate.

Claims Against Estates Under The Inheritance (Provision For Family And Dependants) Act 1975:

Time Limit
Applicants
Ground.

Taxation – Wills And The Administration Of Estates

Inheritance Tax:

Lifetime Transfers That Are Immediately Chargeable And Those That Are Potentially Exempt
Transfers On Death
Exemptions And Reliefs
The Scope Of Anti-Avoidance Provisions.

Income And Capital Gains Tax In Respect Of The Period Of The Administration Of An Estate:

The Personal Representatives’ Liability To Income Tax And Capital Gains Tax
The Beneficiaries’ Liability To Capital Gains Tax On Inherited Assets.

Core Principles Of Trust Law

Creation And Requirements Of Express Trusts:

The Three Certainties Of Intention, Subject Matter And Objects:

Fixed Interest Trusts
Discretionary Trusts
Formalities To Create Express Inter Vivos Trusts
Constitution Of Express Inter Vivos Trusts And Exceptions To The Rule That Equity Will Not Assist A Volunteer.

Beneficial Entitlement:

Fixed, Discretionary, Vested, Contingent Interests
The Rule In Saunders V Vautier.

The Distinction Between Charitable Trusts And Non-Charitable Purpose Trusts

Resulting Trusts:

How They Arise And When They Are (Or Are Not) Presumed.

Trusts Of The Family Home:

Establishment Of A Common Intention Constructive Trust:
Legal Title In The Name Of Both Parties/Sole Party
Express Declaration Or Agreement As To Equitable Ownership
Direct And Indirect Contributions
Requirements To Establish Proprietary Estoppel.

Liability Of Strangers To The Trust:

Establishing Recipient Liability
Establishing Accessory Liability.

The Fiduciary Relationship And Its Obligations:

Duty Not To Profit From Fiduciary Position
Trustees Not To Purchase Trust Property
Fiduciary Not To Put Himself In A Position Where His Interest And Duty Conflict.

Trustees:

Who Can Be A Trustee; Appointment, Removal And Retirement Of Trustees
Trustees’ Duty Of Care
Trustees’ Duty To Invest (And Powers In Relation To Investment)
Trustees’ Statutory Powers Of Maintenance And Advancement.

Trustees’ Liability:

Breach Of Trust
Measure Of Liability
Protection Of Trustees
Limitation Period.

The Nature Of Equitable Remedies And The Availability Of Tracing In Equity.

Business Organisations, Rules And Procedures

(Excluding The Listing, Prospectus, Disclosure Guidance And Transparency Rules And Any Other Fca, London Stock Exchange, Market Rules Or Codes)

Business And Organisational Characteristics (Sole Trader/Partnership/Llp/Private And Unlisted Public Companies).

Legal Personality And 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
Companies House Filing Requirements.

Finance:

Funding Options: Debt And Equity
Types Of Security
Distribution Of Profits And Gains
Financial Records, Information And Accounting Requirements.

Corporate Governance And Compliance:

Rights, Duties And Powers Of Directors And Shareholders Of Companies
Company Decision-Making And Meetings: Procedural, Disclosure And Approval Requirements
Documentary, Record-Keeping, Statutory Filing And Disclosure Requirements
Appointment And Removal Of Directors
Minority Shareholder Protection.

Partnership Decision-Making And Authority Of Partners:

Procedures And Authority Under The Partnership Act 1890
Common Provisions In Partnership Agreements.

Insolvency (Corporate And Personal):

Options And Procedures - Cva/Iva, Bankruptcy, Administration, Fixed Asset Receivership, Voluntary And Compulsory Liquidation
Claw-Back Of Assets For Creditors – Preferences, Transactions At An Undervalue, Fraudulent And Wrongful Trading, Setting Aside A Floating Charge
Order Of Priority For Distribution To Creditors.

Taxation - Business

Income Tax:

Chargeable Persons/Entities (Employees, Sole Traders, Partners, Shareholders, Lenders And Debenture Holders)
Basis Of Charge (Types Of Income/Main Reliefs And Exemptions)
The Charge To Tax: Calculation And Collection
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)
The Charge To Tax: Calculation And Collection
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
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
Returns/Payment Of Vat And Record Keeping.

Inheritance Tax:

Business Property Relief.

Money Laundering And Financial Services

Money Laundering

Purpose And Scope Of Anti-Money Laundering Legislation, Including The International Context
Circumstances Encountered In The Course Of Practice Where Suspicion Of Money Laundering Should Be Reported In Accordance With The Legislation
The Appropriate Person Or Body To Whom Suspicions Should Be Reported, The Appropriate Time For Such Reports To Be Made And The Appropriate Procedure To Be Followed
Direct Involvement And Non-Direct Involvement Offences, And Defences To Those Offences Under Proceeds Of Crime Act 2002
Due Diligence Requirements.

Financial Services

The Financial Services Regulatory Framework, Including Authorisation, And How It Applies To Solicitors' Firms
Recognition Of Relevant Financial Services Issues, Including The Identification Of Specified Investments, Specified Activities And Relevant Exemptions
Application Of The Financial Services And Markets Act 2000 And Related Secondary Legislation To The Work Of A Solicitor
Appropriate Sources Of Information On Financial Services.

Ethics And Professional Conduct

Candidates Are Required To Demonstrate Their Ability To Act Honestly And With Integrity, And In Accordance With The Sra Standards And Regulations As Follows:

The Purpose, Scope And Content Of The Sra Principles
The Purpose, Scope And Content Of The:
Sra Code Of Conduct For Solicitors, Rels And Rfls
Sra Code Of Conduct For Firms In Relation To:
Managers In Authorised Firms
Compliance Officers.

Faculty

ARPANA SACHDEVA

Principal Associate at SkillArbitrage (Course Anchor - Solicitors Qualifying Examination) and Academician with 11 Years of experience combining Litigation and Teaching.

ANJALA PARVEEN

Anjala graduated in B.A. LLB (Hons.) from the National University of Advanced Legal Studies, Kochi, in the year 2015. She enrolled as an advocate with the Bar Council of Maharashtra & Goa in August 2015 and obtained her Certificate of Practice from the All India Bar Council in 2017. Currently, Anjala resides in Singapore and works remotely for Vidhii Partners, Advocates, in Mumbai. She is also a legal consultant to an Insolvency Professional registered with IBBI. After successfully giving the S

RAVEENA RANI

Dual-qualified lawyer (India and England & Wales) with over 5 years of experience in Dispute Resolution and IPR, Patent and Trademark Attorney in India, working in a Swiss law firm

Note: This is an indicative list of our guest faculty members and not an exhaustive list. We may change the faculty members at any point based on availability.

Course Plan

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Crack The Solicitors Qualifying Examination (SQE 2)(Global)

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