Monday 11 May 2026
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. Please note there is no livestream this week. I’ll be back next week!
This Week’s Question: A local authority adopts a new licensing policy affecting street food traders. Under the policy, existing traders operating near schools will no longer be eligible for licence renewal. A woman who has traded lawfully for several years receives written notice on 10 January that her renewal application has been refused under the new policy. On 25 February, she submits a formal complaint to the authority arguing that the decision is unfair and contrary to the authority’s previous assurances. The authority rejects the complaint on 20 April. She then seeks legal advice on 15 May about bringing judicial review proceedings challenging the original refusal decision. Which of the following best reflects the likely position regarding time limits for judicial review?
A. Time runs from the rejection of the complaint on 20 April because the internal complaint process suspended the judicial review time limit.
B. Time runs from 10 January, and although the claim may still fall within three months, the court will also consider whether the claimant acted promptly.
C. Time runs from 15 May because the claimant could not reasonably assess the merits of judicial review before obtaining legal advice.
D. Time runs from 25 February because the claimant first formally disputed the decision on that date.
E. Time runs from 10 January, but judicial review claims may always be brought within six months where legitimate expectation is alleged.
Dig Deeper: Revising FLK1 English Legal System? Watch https://youtu.be/D6bveskZAMU
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Last Week’s Question: A company challenges a regulatory decision based on rules originally derived from EU law. The rules were in force in the UK before the end of the transition period. The company argues that the court must interpret the rules consistently with pre-Brexit case law of the Court of Justice of the European Union. The regulator responds that the rules are now part of domestic law and may be interpreted differently. Which of the following best reflects the current legal position?
A. All EU-derived rules remain directly applicable in the UK and must be interpreted in line with all CJEU case law, past and future.
B. EU-derived rules automatically ceased to have effect after Brexit and cannot be relied on in UK courts.
C. EU-derived rules form part of domestic law, and while earlier CJEU decisions may still be relevant, UK courts are no longer strictly bound by them in the same way.
D. EU-derived rules continue to apply only where both parties agree to rely on them in litigation.
E. EU-derived rules can only be applied by UK courts if Parliament expressly re-enacts each provision after Brexit.
Correct answer: C. EU-derived rules form part of domestic law, and while earlier CJEU decisions may still be relevant, UK courts are no longer strictly bound by them in the same way. Feedback: Following Brexit, EU law that was operative in the UK at the end of the transition period was preserved as part of domestic law. This body of law was originally referred to as retained EU law and has since been reclassified as assimilated law under more recent legislation. The key features are: EU-derived rules continue to have effect as part of UK domestic law unless changed or repealed. Pre-Brexit decisions of the Court of Justice of the European Union may still be considered when interpreting those rules. However, UK courts are no longer bound to follow those decisions in the same way as before, and higher courts may depart from them. The other options are incorrect because:
A is wrong: future CJEU decisions are not binding on UK courts.
B is wrong: EU-derived rules were preserved, not abolished entirely.
D is wrong: applicability does not depend on agreement between parties.
E is wrong: no general re-enactment requirement applies; preservation occurred automatically through legislation.
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Dr Ioannis (Yannis) Glinavos
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