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SQE · Free Mock Test 210 of 250

Free SQE Mock Test 21020 Questions + Full Answers

Solicitors Qualifying Examination · Trainee solicitors · SQE1 sits: Jan & Jul

Sections: FLK1 · Applaa proprietary paper — free to download and print

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Applaa SQE Mock Test 210

applaa-sqe-mock-210.pdf · 20 questions

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Sample Questions — SQE Mock 210

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

1
FLK1

A claimant (Fredrick) makes a valid CPR Part 36 settlement offer to the defendant (Katelyn) of £55,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £63,249. What is the primary costs consequence under Part 36?

  • A.The claimant must pay the defendant's costs on the indemnity basis.
  • B.The defendant must pay the claimant's costs on the indemnity basis, plus interest on those costs, from the expiry of the relevant offer period.
  • C.The court will split the trial costs equally between both parties.
  • D.All costs recovery is capped at the Small Claims Track limit.
  • E.The defendant is immune to costs penalties because they defended the claim in good faith.

✓ Worked Explanation

Core Concept: CPR Part 36 Offers and Cost Consequences A Part 36 offer is a formal settlement mechanism under CPR. When a claimant's Part 36 offer is beaten at trial (i.e., judgment exceeds the offer), the defendant faces automatic cost penalties designed to encourage early settlement. Step-by-Step Resolution: 1. Fredrick's Offer: £55,000 - a valid Part 36 offer. 2. Katelyn's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Fredrick wins £63,249 - which *exceeds* the Part

2
FLK1

A director of Summit Logistics Ltd (a private company limited by shares) wants to allot new shares to a new investor (Julia) to raise capital of £500,000. The company has only one class of ordinary shares. Under the Companies Act 2006, which of the following is correct regarding the director's authority to allot these shares?

  • A.The director has automatic statutory authority to allot the shares without shareholder approval under Section 550, unless restricted by the articles.
  • B.The director must always obtain authorization by ordinary resolution of the shareholders under Section 551.
  • C.The director must obtain authorization by special resolution of the shareholders to allot any shares.
  • D.The director requires the approval of the Board of Trade before alloting any class of shares.
  • E.Authority is only required if the allotment would cause the company to exceed its authorised share capital as stated in the memorandum.

✓ Worked Explanation

Core Concept: Director's Authority to Allot Shares (Section 550 CA 2006) The Companies Act 2006 grants directors of private companies with a single class of shares a specific statutory power to allot shares of that class without requiring shareholder approval - unless the articles restrict this. Step-by-Step Resolution: 1. Identify Company Type: Summit Logistics Ltd is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company ha

3
FLK1

Mia offered to sell a delivery van to Sophia for £5,000. Sophia replied: 'I accept your offer, but I will pay £4,500.' Mia did not respond. Two days later, Sophia wrote to Mia saying: 'I accept your original offer of £5,000.' Is there a binding contract between Mia and Sophia?

  • A.Yes, because the second letter constituted a valid acceptance of the original offer.
  • B.Yes, because the original offer remained open and had not been revoked by the offeror.
  • C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
  • D.No, because a contract for sale of goods must be made in writing signed by both parties.
  • E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.

✓ Worked Explanation

Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Mia offers the delivery van for £5,000. 2. Counter-Offer: Sophia replies with £4,500 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original of

4
FLK1

A claimant (Penelope) has applied for summary judgment against a defendant (Victoria) under CPR Part 24. What is the test that the court must apply to determine whether summary judgment should be granted?

  • A.The claimant must prove the case beyond all reasonable doubt.
  • B.The defendant has no real prospect of successfully defending the claim, and there is no other compelling reason why the case should be disposed of at trial.
  • C.The value of the claim must be less than £10,000.
  • D.The defendant has failed to acknowledge service of the claim form within 14 days.
  • E.The dispute involves questions of international law.

✓ Worked Explanation

Core Concept: Summary Judgment under CPR Part 24 Summary judgment allows a party to obtain judgment *without a full trial* where the opposing party's case has no real prospect of success. It is a cost-effective tool that avoids unnecessary litigation. Step-by-Step Resolution: 1. Who Can Apply: Either the claimant or defendant can apply for summary judgment under CPR Part 24.2. 2. The Test: The court will grant summary judgment if: - The defendant has no real prospect of successfully defendin

5
FLK1

A seller (Liam) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Daniel), inducing them to buy it. The buyer subsequently discovers the fraud. Which of the following describes the remedies available under the Misrepresentation Act 1967?

  • A.The contract is automatically void, and the seller must be prosecuted criminally.
  • B.Rescission of the contract and/or damages under Section 2(1) of the Act.
  • C.The buyer can only recover damages and has no right to rescind the contract under any circumstances.
  • D.The contract is binding, and no remedy is available since the buyer should have checked the accounts (caveat emptor).
  • E.The seller is required to perform specific performance of the turnover projection.

✓ Worked Explanation

Core Concept: Misrepresentation Act 1967 - Remedies The Misrepresentation Act 1967 classifies misrepresentation into three types (fraudulent, negligent, innocent) and provides different remedies for each. A negligent misrepresentation under Section 2(1) is the most commonly tested in SQE. Step-by-Step Resolution: 1. Identify the Type: A *negligent* false statement of fact made by Liam to induce Daniel to buy. 2. Remedy Under Section 2(1): The innocent party (Daniel) may: - Rescind the contra

6
FLK1

Fredrick offered to sell a delivery van to Georgia for £150,000. Georgia replied: 'I accept your offer, but I will pay £135,000.' Fredrick did not respond. Two days later, Georgia wrote to Fredrick saying: 'I accept your original offer of £150,000.' Is there a binding contract between Fredrick and Georgia?

  • A.Yes, because the second letter constituted a valid acceptance of the original offer.
  • B.Yes, because the original offer remained open and had not been revoked by the offeror.
  • C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
  • D.No, because a contract for sale of goods must be made in writing signed by both parties.
  • E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.

✓ Worked Explanation

Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Fredrick offers the delivery van for £150,000. 2. Counter-Offer: Georgia replies with £135,000 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the o

7
FLK1

A builder (Victoria) contractually agreed to construct a wall for a customer (Daniel) for £5,000. Halfway through the job, the builder states they cannot finish unless the customer pays an extra £1,000. The customer agrees. After completion, the customer refuses to pay the extra £1,000. Under Williams v Roffey Bros, is the promise to pay the extra £1,000 binding?

  • A.No, because performing an existing contractual duty can never be good consideration.
  • B.Yes, if the customer obtained a practical benefit (such as avoiding a penalty clause to a third party) and there was no economic duress.
  • C.No, because a promise to pay more must be approved by the County Court under CPR regulations.
  • D.Yes, because oral contracts are automatically binding regardless of consideration.
  • E.No, because it violates Section 52 of the Law of Property Act 1925.

✓ Worked Explanation

Core Concept: Consideration and Practical Benefit (Williams v Roffey Bros) The traditional rule (Stilk v Myrick) held that performing an existing contractual duty cannot be good consideration. Williams v Roffey Bros [1990] modified this rule: performing an existing duty CAN be valid consideration if the promisee obtains a 'practical benefit'. Step-by-Step Resolution: 1. Traditional Rule: A builder promising to finish what they're already contractually bound to do provides nothing new - no consi

8
FLK1

Benjamin offered to sell a sports car to Noah for £5,000. Noah replied: 'I accept your offer, but I will pay £4,500.' Benjamin did not respond. Two days later, Noah wrote to Benjamin saying: 'I accept your original offer of £5,000.' Is there a binding contract between Benjamin and Noah?

  • A.Yes, because the second letter constituted a valid acceptance of the original offer.
  • B.Yes, because the original offer remained open and had not been revoked by the offeror.
  • C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
  • D.No, because a contract for sale of goods must be made in writing signed by both parties.
  • E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.

✓ Worked Explanation

Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Benjamin offers the sports car for £5,000. 2. Counter-Offer: Noah replies with £4,500 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original o

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Paper Info

Exam
SQE
Mock number
210 of 250
Questions
20
Format
Multiple Choice (MCQ)
Sections
1
Audience
Trainee solicitors
Timing
SQE1 sits: Jan & Jul
Copyright
Applaa Proprietary

Sections Covered

  • FLK1

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