Monday 22 December 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.
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This Week’s Question: An Act of Parliament gives a government minister power to make regulations “as the minister considers appropriate” to implement a new licensing scheme. Using this power, the minister makes regulations that impose criminal penalties and significantly restrict existing commercial activities. A business affected by the regulations seeks advice on how Parliament and the courts may control the use of such delegated legislation.
Which statement best reflects the legal position?
A. Delegated legislation cannot be challenged once it has been laid before Parliament.
B. Delegated legislation may be subject to parliamentary scrutiny and judicial review.
C. Delegated legislation has the same constitutional status as primary legislation.
D. Delegated legislation can only be challenged if Parliament expressly disapproves it.
E. Delegated legislation cannot be challenged if the enabling Act uses broad wording.
Dig Deeper: Learn more about FLK1 English Legal System, on https://youtu.be/jwefUtefXrU
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Last Week’s Question: A company issues a claim in the High Court alleging that a former director has misappropriated substantial company funds. The company has evidence that the director has begun transferring assets to overseas accounts and is planning to relocate abroad within days. The company wishes to prevent the dissipation of assets before trial and asks its solicitor about immediate court action.
Which option best explains the legal basis on which the court may grant the relief sought?
A. The court will grant the order automatically because allegations of fraud justify immediate asset preservation.
B. The court may grant the order if there is a good arguable case and a real risk of dissipation of assets.
C. The court may grant the order only if the claimant proves the claim on the balance of probabilities.
D. The court may grant the order only after the defence has been filed and disclosure completed.
E. The court will refuse the order because interim remedies cannot restrict dealings with personal property.
✅ Correct Answer: B. The court may grant the order if there is a good arguable case and a real risk of dissipation of assets. Feedback: A freezing injunction is an interim remedy designed to prevent a defendant from dissipating assets so as to frustrate enforcement of a future judgment. The key requirements, established in Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft mbH [1983] and reflected in CPR Part 25, are: a good arguable case on the merits, and a real risk of dissipation of assets. The court also requires full and frank disclosure and will usually order a cross-undertaking in damages, though these are not tested explicitly here.
Why the other options are wrong:
- A is wrong: allegations of fraud alone do not justify automatic relief.
- C is wrong: the claimant does not need to prove the case on the balance of probabilities at this stage.
- D is wrong: freezing injunctions are often sought urgently and without notice, before pleadings close.
- E is wrong: the court has power to restrict dealings with assets on an interim basis to protect justice.
This question tests FLK1: Dispute Resolution, specifically interim remedies and procedural safeguards, an area candidates often overlook but which appears regularly in SQE1 as applied civil litigation knowledge.
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Dr Ioannis (Yannis) Glinavos
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