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All SQE mocks

Mock 235 Mock 237

SQE · Free Mock Test 236 of 250

Free SQE Mock Test 236 — 20 Questions + Full Answers

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

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Applaa SQE Mock Test 236

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Sample Questions — SQE Mock 236

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

FLK1

A claimant (Evelyn) makes a valid CPR Part 36 settlement offer to the defendant (Penelope) of £180,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £206,999. 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. Evelyn's Offer: £180,000 - a valid Part 36 offer. 2. Penelope's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Evelyn wins £206,999 - which *exceeds* the Part 3

FLK1

A claimant (Rose) makes a valid CPR Part 36 settlement offer to the defendant (Thomas) of £5,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £5,750. 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. Rose's Offer: £5,000 - a valid Part 36 offer. 2. Thomas's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Rose wins £5,750 - which *exceeds* the Part 36 offer. T

FLK1

A claimant (Alice) makes a valid CPR Part 36 settlement offer to the defendant (Uma) of £35,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £40,250. 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. Alice's Offer: £35,000 - a valid Part 36 offer. 2. Uma's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Alice wins £40,250 - which *exceeds* the Part 36 offer.

FLK1

A builder (Bob) contractually agreed to construct a wall for a customer (Victoria) 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

FLK1

A claimant (Alice) has applied for summary judgment against a defendant (Julia) 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

FLK1

A director of Vanguard Industries plc (a private company limited by shares) wants to allot new shares to a new investor (Amelia) to raise capital of £35,000. 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: Vanguard Industries plc is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company

FLK1

A claimant (James) has applied for summary judgment against a defendant (Xavier) 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

FLK1

A claimant (Sophia) makes a valid CPR Part 36 settlement offer to the defendant (Wendy) of £25,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £28,749. 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. Sophia's Offer: £25,000 - a valid Part 36 offer. 2. Wendy's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Sophia wins £28,749 - which *exceeds* the Part 36 off

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