Free SQE Mock Test 3 — 20 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 3
applaa-sqe-mock-3.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
The directors of Vanguard Industries plc wish to allot new ordinary shares for cash. The company's articles do not exclude pre-emption rights. Which of the following resolutions of the shareholders is required to disapply the statutory pre-emption rights under the Companies Act 2006?
- A.An ordinary resolution with a simple majority (over 50%).
- B.A special resolution with a 75% majority of votes cast.
- C.A written resolution signed by 100% of the shareholders.
- D.An extraordinary resolution requiring a 90% majority.
- E.No resolution is required; the directors can disapply pre-emption rights by a board resolution.
✓ Worked Explanation
Core Concept: Disapplying Pre-Emption Rights (Sections 570/571 CA 2006) Pre-emption rights protect existing shareholders from dilution by giving them the right to purchase newly allotted shares in proportion to their holdings. To *disapply* these statutory rights requires a special resolution (75% majority). Step-by-Step Resolution: 1. Understand Pre-Emption Rights: Under Section 561 CA 2006, when directors allot equity securities for cash, existing shareholders have a right of first refusal (p
A seller (Katelyn) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Rose), 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 Katelyn to induce Rose to buy. 2. Remedy Under Section 2(1): The innocent party (Rose) may: - Rescind the contrac
A director of Pinnacle Ventures Ltd (a private company limited by shares) wants to allot new shares to a new investor (Arthur) to raise capital of £150,000. 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: Pinnacle Ventures Ltd is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company h
A driver (Emma) crashes into a pedestrian (David) who is crossing the street, causing physical injuries. To establish negligence, the claimant must show that the defendant owed them a duty of care. How does the court establish if a duty of care exists for physical damage caused by positive actions?
- A.By applying the three-stage Caparo test including fair, just, and reasonable criteria in every case.
- B.By finding that the case falls within an established duty category (such as road users to other road users) where a duty is automatically owed (Robinson v Chief Constable of West Yorkshire).
- C.By checking if the defendant signed a voluntary duty registration form.
- D.By proving the defendant intended to cause physical harm.
- E.By allocating the claim to the Fast Track under CPR guidelines.
✓ Worked Explanation
Core Concept: Duty of Care - Established Categories (Robinson v Chief Constable) Not every case requires a full Caparo analysis. The Supreme Court in Robinson v Chief Constable of West Yorkshire Police [2018] confirmed that where a case falls into an *established duty category*, the duty is owed as a matter of precedent. Step-by-Step Resolution: 1. Is this an Established Category?: A driver ('Emma') causing physical injury to a pedestrian (David) through a positive act clearly falls within an e
In a judicial review action, the High Court finds that a section of an Act of Parliament is incompatible with a right protected by the European Convention on Human Rights (ECHR). What is the legal effect of a Declaration of Incompatibility under Section 4 of the Human Rights Act 1998?
- A.The Act of Parliament is immediately struck down and ceases to be law.
- B.It does not affect the validity, continuing operation, or enforcement of the provision, but alerts Parliament to amend the law.
- C.The case is referred automatically to the European Court of Justice in Luxembourg.
- D.The monarch must immediately dissolve Parliament and call an election.
- E.The claimant is automatically awarded £15,000 in damages.
✓ Worked Explanation
Core Concept: Declaration of Incompatibility (Section 4 Human Rights Act 1998) Under the Human Rights Act 1998, UK courts can interpret legislation compatibly with Convention rights where possible (Section 3). Where this is not possible, higher courts can issue a Declaration of Incompatibility - but crucially, this does NOT invalidate the law. Step-by-Step Resolution: 1. Section 3 - Interpret First: Courts must read legislation *as far as possible* compatibly with Convention rights. This is a s
A claimant (David) has brought an action against a defendant (Nora) in the County Court for breach of contract, claiming £12,000 in damages. The defendant has filed a defense. In accordance with the Civil Procedure Rules (CPR), which track will this claim be allocated to?
- A.Small Claims Track
- B.Fast Track
- C.Intermediate Track
- D.Multi-Track
- E.Commercial Court Track
✓ Worked Explanation
Core Concept: CPR Track Allocation The Civil Procedure Rules (CPR) allocate civil claims to one of four procedural tracks based primarily on *financial value* (and sometimes complexity). Each track has different procedural rules, costs caps, and hearing formats. Step-by-Step Resolution: 1. Identify the Claim Value: The claim is for £12,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10,
A claimant (Uma) has applied for summary judgment against a defendant (Liam) 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
A seller (Victor) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Arthur), 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 Victor to induce Arthur to buy. 2. Remedy Under Section 2(1): The innocent party (Arthur) may: - Rescind the cont
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Paper Info
- Exam
- SQE
- Mock number
- 3 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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