Newsletter 110

Monday 27 October 2025

Your weekly SQE Prep Quiz has arrived

Dear Subscriber,

Hope you had a great weekend! Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.

This Week’s Question: A local authority introduced a new policy requiring all street performers to obtain a permit costing £200 per year. A musician who performs in public squares objects, arguing that the policy was introduced without public consultation and unfairly limits freedom of expression. She seeks advice on whether she can challenge the decision in court.

Which of the following is the most appropriate ground on which to base her claim?

A. Breach of a legitimate expectation, because the authority failed to consult before changing its policy.
B. Procedural impropriety, because the decision-making process was unfair and consultation was required.
C. Error of fact, because the authority misunderstood the local economic impact of its decision.
D. Substantive unfairness, because the permit fee was too high for some performers to afford.
E. Ultra vires, because the decision affects individuals rather than public bodies.

Dig Deeper: Update your knowledge of public law for the 2026 exams, by watching this video

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Last Week’s Question: A small business brings a claim in the County Court for £25,000 against a supplier for defective goods. The claim is allocated to the fast track. The case proceeds to trial, where the claimant succeeds and is awarded full damages. The claimant’s solicitor seeks to recover costs on the standard basis, arguing that the case involved complex technical evidence and several witness statements. How is the court most likely to deal with the claimant’s request for costs?

A. The court will award costs on the standard basis because the case involved unusual complexity for its value.
B. The court will award fixed recoverable costs in accordance with the CPR, regardless of complexity, unless there are exceptional circumstances.
C. The court will allow the solicitor to recover full costs because expert evidence automatically disapplies the FRC regime.
D. The court will transfer the case to the multi-track and assess costs in full because the damages exceeded £10,000.
E. The court will award no costs, as each party must bear its own expenses in fast-track claims.

✅ Correct Answer: B The court will award fixed recoverable costs in accordance with the CPR, regardless of complexity, unless there are exceptional circumstances.

Since 1 October 2023, the Fixed Recoverable Costs (FRC) regime applies to most civil cases in the fast track and the new intermediate track (CPR Part 45 Sections VI & VII). For fast-track claims up to £25,000, costs are fixed according to the stage reached and complexity band, not by assessment. The court may depart from fixed costs only in exceptional circumstances (CPR 45.29J), such as gross misconduct or serious procedural abuse.

• Option A is wrong: mere complexity within the track does not justify standard-basis assessment.
• Option C is wrong: the presence of expert evidence does not automatically disapply FRC.
• Option D is wrong: allocation determines costs regime, not the damages figure alone.
• Option E is wrong: successful parties can recover fixed costs, not nothing.

This tests FLK1: Dispute Resolution (Civil Litigation) — specifically, knowledge of the post-2023 FRC reforms, scope of application, and limited grounds for departure.

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All the best

Dr Ioannis (Yannis) Glinavos