Monday 22 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.
Coffee Break! Join me this Wednesday at 1pm for our MCQ coffee break. I will be going through the SRA’s sample questions with you. Click here to register.
This Week’s Question: A company brings a claim for breach of contract. At trial, it seeks to rely on a written witness statement from a former employee who has since moved abroad and is unwilling to attend court. The other party objects, arguing that the statement is hearsay and should be excluded. How should the court deal with the company’s attempt to rely on this evidence?
A. The statement must be excluded because hearsay is never admissible in civil proceedings.
B. The statement is admissible, but the company must give notice of intention to rely on hearsay.
C. The statement is admissible without notice, as civil courts cannot exclude relevant evidence.
D. The statement is inadmissible unless the former employee provides live video-link evidence.
E. The statement is admissible only if both parties consent to its use at trial.
Dig Deeper: Learn more about the law of evidence, by watching this video
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Last 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A. All retained EU law was repealed automatically on 1 January 2024 and has no effect in the UK.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.
✅ Correct Answer: C. Under the Retained EU Law (Revocation and Reform) Act 2023, from 1 January 2024 “retained EU law” was re-named “assimilated law.” The change is mainly terminological: the body of law continues as part of UK domestic law, but without the supremacy of EU law, the general principles of EU law, or the special interpretation rules (ss. 3–5 of the 2023 Act).
- Option A is wrong: not all retained law was repealed—only specific instruments listed for “sunset.”
- Option B is wrong: the terminology “retained EU law” has been replaced, and EU supremacy no longer applies.
- Option D is wrong: UK courts may still consider CJEU case law, but they are not bound to follow it.
- Option E is wrong: assimilated law covers both EU-derived primary and secondary legislation.
This is a key update to FLK1: EU Law and Brexit, ensuring candidates understand the transition from “retained” to “assimilated” law and its practical effects.
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All the best
Dr Ioannis Glinavos
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