Newsletter 104

Monday 15 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.

Meeting: Join me this Thursday at 1pm for an informal get-together. I’ll be sharing some best practice advice on how to prepare for the January 2026 sitting of SQE1. Click here to register.

This Week’s Question: A solicitor is advising a client about the continuing effect of EU-derived rules in England and Wales. The client is confused about the change in terminology introduced by the Retained EU Law (Revocation and Reform) Act 2023, which came into force on 1 January 2024. The client wants to know how these laws are now classified and whether they remain distinct from purely domestic legislation.

Which statement most accurately reflects the current legal position?

A. All retained EU law was repealed automatically on 1 January 2024 and has no effect in the UK.
B. Retained EU law continues indefinitely under that label, with EU principles of supremacy still applying.
C. Retained EU law has been re-labelled as assimilated law, but it still forms part of domestic law.
D. Assimilated law must be interpreted in line with the decisions of the Court of Justice of the European Union.
E. Assimilated law is secondary legislation only and excludes former EU-derived primary legislation.


Dig Deeper: Learn more about EU law and its relevance post Brexit, by watching this video

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Last 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.

✅ Correct Answer: B File an acknowledgment of service by 15 March, giving until 29 March to serve the defence.

Under CPR Part 15 and CPR 10.3, a defendant must respond within 14 days of service of the particulars of claim. Here, service was deemed 1 March, so the deadline is 15 March. If the defendant files an acknowledgment of service within that period, the time for serving the defence extends to 28 days after service (CPR 15.4(1)(b)), i.e. 29 March in this scenario.

Option A is wrong because filing a defence by 15 March allows no time to consider the case and ignores the acknowledgment mechanism.

Option C is wrong: acknowledgment must be filed within 14 days (not 21 days).

Option D is wrong: while a defence can be filed within 14 days, acknowledgment is the safer step when advice is still being prepared.

Option E is wrong: the defence must be served within the time limit; disclosure comes later in proceedings.

This reflects the Civil Procedure Rules as they apply in England and Wales, a core part of SQE1 FLK1: Dispute Resolution.

Thank you for subscribing and let me know how you are getting on in your preparation through our Facebook Group or on Reddit! Feel free to forward this email to anyone you think will benefit.

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You will hear from me again soon.

All the best

Dr Ioannis Glinavos

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