Monday 3 November 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 woman was walking past a building site operated by a construction company when a heavy tool fell from the scaffolding and struck her shoulder. The site had safety nets installed, but they had been removed temporarily while materials were being lifted. The company argues that the injury was an unfortunate accident and that all reasonable precautions had been taken. The woman sues for damages in negligence.
Which statement best describes the legal position?
A. The company is liable, because it owed a duty of care and failed to take reasonable precautions to prevent foreseeable harm.
B. The company is not liable, because it did not intend to cause injury and the accident was unavoidable.
C. The company is not liable, because an independent contractor was responsible for the scaffolding work.
D. The company is liable only if the woman can prove that it breached statutory safety regulations.
E. The company is not liable, because she was not on the construction site and so was outside the duty of care.
Dig Deeper: Update your knowledge of tort law for the 2026 exams, by watching this video
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Last Week’s Question: A local authority introduced a new policy requiring all street performers to obtain a permit costing £200 per year. A musician who performs in public squares objects, arguing that the policy was introduced without public consultation and unfairly limits freedom of expression. She seeks advice on whether she can challenge the decision in court.
Which of the following is the most appropriate ground on which to base her claim?
A. Breach of a legitimate expectation, because the authority failed to consult before changing its policy.
B. Procedural impropriety, because the decision-making process was unfair and consultation was required.
C. Error of fact, because the authority misunderstood the local economic impact of its decision.
D. Substantive unfairness, because the permit fee was too high for some performers to afford.
E. Ultra vires, because the decision affects individuals rather than public bodies.
✅ Correct Answer: B Procedural impropriety, because the decision-making process was unfair and consultation was required. A challenge to a public authority’s decision may be brought by judicial review, available where the decision is unlawful on one or more traditional grounds: illegality, procedural impropriety, or irrationality (Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 – the GCHQ case). Here, the issue is failure to consult or follow fair procedure, which falls under procedural impropriety.
- Option A is wrong: legitimate expectation arises only when there is a specific representation or established practice of consultation, which is not mentioned here.
- Option C is wrong: an error of fact may justify intervention, but only where the fact is objectively verifiable and material to the decision.
- Option D is wrong: courts rarely intervene on substantive fairness unless the decision is Wednesbury unreasonable.
- Option E is wrong: ultra vires means acting beyond legal powers, not that the decision affects individuals.
This question tests FLK2: Public Law, focusing on grounds of judicial review and fairness in decision-making.
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All the best
Dr Ioannis (Yannis) Glinavos
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