Newsletter 139

Monday 18 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.

Join our SQE1 July Prep Livestreams! Join me Wednesdays at 1pm live for our MCQ workshop. Free for the whole community. Our next session will be this Wednesday 20 May on FLK Legal Services https://youtube.com/live/boRpuwVj1uY

This Week’s Question: A solicitor receives £45,000 from a client for the purchase of a property. Completion is scheduled to take place in two weeks. Before completion, the solicitor transfers part of the money from the client account into the firm’s business account in anticipation of future legal fees, even though no bill has yet been delivered to the client. During a compliance inspection, questions are raised about whether the transfer complied with the SRA Accounts Rules. Which of the following best reflects the correct position under the SRA Accounts Rules?

A. The transfer was permitted because the solicitor expected to become entitled to the fees in the near future.
B. The transfer was permitted because client money may be used temporarily to support the firm’s cash flow if the client matter is ongoing.
C. The transfer breached the rules because money may only be withdrawn from client account for costs once the solicitor has become properly entitled to the money.
D. The transfer complied with the rules because funds connected to a conveyancing transaction cease to be client money once contracts are exchanged.
E. The transfer complied with the rules because the money was still being held for the benefit of the same client.

Dig Deeper: Revising FLK1 Legal Services? Watch https://youtu.be/408WKxQCws4 

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Last 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.

Correct answer: 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. Feedback: Under CPR 54.5, a claim for judicial review must be filed promptly, and in any event not later than three months after the grounds first arose. The grounds generally arise when the claimant is notified of the challenged decision. Here, that occurred on 10 January, when the refusal decision was communicated. Importantly: Pursuing an internal complaint or reconsideration process does not automatically suspend or extend time for judicial review; even where a claim is technically within three months, the court may still refuse permission if there has been undue delay and the claimant has not acted promptly. This reflects the strict approach courts take to public law timing because delay can prejudice good administration and third parties.

The other options are incorrect because:

A is wrong: internal complaints do not automatically stop time running.

C is wrong: obtaining legal advice does not determine when time begins to run.

D is wrong: time runs from the original decision, not from when it is challenged.

E is wrong: there is no general six-month period for judicial review claims based on legitimate expectation.

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You will hear from me again soon.

All the best

Dr Ioannis (Yannis) Glinavos

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