Monday 8 September 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:
A company is served with a claim form alleging breach of contract. The claim form is deemed served on 1 March. The company’s directors immediately instruct a solicitor, who is preparing advice on liability and possible settlement. The company wishes to ensure that the claim is properly defended if settlement is not reached. What must the company’s solicitor do to protect the company’s position?
A. File and serve a defence by 15 March without filing any other document first.
B. File an acknowledgment of service by 15 March, giving until 29 March to serve the defence.
C. File an acknowledgment of service by 22 March, giving until 5 April to serve the defence.
D. File a defence by 22 March without filing an acknowledgment of service.
E. Take no action until disclosure, as the claim form itself does not require a defence.
Dig Deeper: Learn more about claims and defences, by watching this video
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Last Week’s Question: A man leaves a written note before his death stating: “I want my friend to take care of some of my savings. She should use them as she thinks best for my grandchildren.” After his death, a dispute arises. The grandchildren claim a valid trust exists in their favour, while the friend argues she is free to use the money as she wishes.
Which of the following best reflects the likely legal position?
A. A valid trust exists because the grandchildren are identified as beneficiaries.
B. A valid trust exists because the man clearly intended to create legal obligations.
C. No trust exists because the words used express only a wish rather than a binding intention.
D. No trust exists because money cannot be the subject of a trust.
E. The note is invalid unless it was witnessed and executed as a formal deed.
✅ Correct Answer: C. No trust exists because the words used express only a wish rather than a binding intention. For an express trust to be valid, the three certainties must be satisfied:
- Certainty of intention – a clear intention to create a binding trust obligation.
- Certainty of subject matter – clear identification of the property held on trust.
- Certainty of objects – clear identification of the beneficiaries.
Here, the words “as she thinks best” are precatory language, expressing a wish rather than a binding intention. This fails the requirement of certainty of intention, as in cases like Lambe v Eames (1871). Therefore, no trust arises, and the friend takes the money absolutely.
- A is wrong: Identifying beneficiaries is not enough without intention.
- B is wrong: The wording does not show intention to impose legal obligations.
- D is wrong: Money can be trust property.
- E is wrong: Trusts of personalty do not require a deed.
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All the best Dr Ioannis Glinavos
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