What will SQE1 assess?

Jan 05, 2024

Written By Helena Kudiabor

The SQE1 is the first part of the SQE exam and aims to assess what is known as functioning legal knowledge. The exam is given in the form of computerised multiple choice questions at an assessment centre. It is divided into two parts - FLK1 and FLK2.

What exactly is functioning legal knowledge?

Functioning legal knowledge is the process of applying one’s knowledge of the law to demonstrate the abilities required of any newly qualified solicitor of England and Wales. Questions may ask the candidate to identify and apply to a legal principle, demonstrate if a client can legally achieve a desired outcome, or what legal rule resulted in a given result.

Some of the skills required to answer these questions include: the ability to understand and assess a client’s commercial and personal circumstances; drafting documents from scratch; and assessing, communicating and managing potential risks.

What will FLK1 assess?

- Business Law and practice. This includes things like starting a business, financing a business and corporate insolvency

- Dispute Resolution. Analysis of merits of claim or defence, progressing a claim and preparing a case for trial

- Contract. The formation of a contract, contents of a contract and issues relating to discharge of contract

- Tort. Negligence, product liability and the rule in Rylands vs Fletcher

- The Legal System of England and Wales

- Constitutional and Administrative Law and EU Law and Legal Services

What will FLK2 assess?

-Property Practice. Taxation of property transactions, key elements of a freehold or leasehold property transactions and security of tenure under the Landlord and Tenant Act 1954.

- Wills and the Administration of Estates. Validity of a will and interpretation of its contents, law and practice of Inheritance tax and progression of the administration of an estate.

- Solicitors Accounts. Breaches of the SRA’s account rules, operation of ledgers and bank accounts and transactions involving client money.

- Land Law. Registered and unregistered land, landlord and tenant relationship and co-ownership.

- Trusts- expressed and implied trusts, the fiduciary relationship and equitable remedies.

- Criminal Law and Practice. Core principles such as mens rea, advising a client at the police station and processes involved in magistrates’ and Crown Court trials.

The subcategories included here are not exhaustive. Further information can be found on the SQE1 assessment specification.

How will ethics and professional conduct be assessed?

Ethics and professional conduct will be assessed throughout FLK1 and FLK2. Candidates will need to show that they can act honestly and according to the SRA Standards and Regulations. Examples of this include: recognising ethical issues, acting fairly and inclusively and resisting pressure to ignore ethical behaviour. If you would like to learn more about the SQE1, as well as practice some sample questions, these can be found on the official SRA website.

SQE