Newsletter 116

Monday 8 December 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.

This Week’s Question: A man visits a privately owned art gallery open to the public. A temporary exhibition is being installed, and signs at the entrance state: “Areas under refurbishment – please follow marked walkways.” The man ignores the marked route and cuts through a partially lit side corridor to take a shortcut. An independent contractor working for the gallery has left a loose electrical cable trailing across that corridor. The man trips over the cable and suffers a serious ankle injury. The gallery argues that it took reasonable steps to ensure visitor safety and that the man’s own behaviour contributed to the accident. If the man brings a claim against the gallery, how is a court most likely to assess liability?

A. The gallery is fully liable because lawful visitors cannot be contributorily negligent under the Occupiers’ Liability Act 1957.
B. The gallery is not liable because a contractor created the hazard, and the man chose to ignore the designated route.
C. The gallery is liable, but damages may be reduced for contributory negligence.
D. The gallery is not liable because the posted warning sign automatically discharges the occupier’s duty.
E. The gallery is fully liable because warnings cannot affect the duty owed under the 1957 Act.

Dig Deeper: Learn more about FLK1 on the law of Tort, and figure out why you should not chase peacocks around London, on https://youtu.be/MEyL7K86yDc

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3) Use code “IOANNIS” to get 15% off any of the Pro Plans of AI tutor LawDrills at https://www.lawdrills.com/

Last Week’s Question: A solicitor in a small firm acts for both a landlord and a tenant in negotiating the grant of a commercial lease. Both clients have agreed in writing that they are content for the same solicitor to act for them, as the transaction appears straightforward. During negotiations, however, a dispute arises about the rent review clause. The solicitor realises that continuing to act for both may place her in breach of her professional obligations. What should the solicitor do to comply with the SRA Code of Conduct?

A. Continue to act for both clients because they gave informed consent at the outset.
B. Cease to act for one client only and continue to represent the other to completion.
C. Cease acting for both clients immediately because an actual conflict of interest has arisen.
D. Continue acting for both clients but advise them to seek independent financial advice.
E. Proceed with the transaction but record the conflict in the firm’s compliance file for audit purposes.

✅ Correct Answer:  C. Cease acting for both clients immediately because an actual conflict of interest has arisen. Feedback: Under the SRA Code of Conduct for Solicitors, RELs and RFLs (2019), a solicitor must not act for two or more clients where there is a conflict of interest or a significant risk of one (Rule 6.2). Even if the clients initially consented, once an actual conflict arises (here, over the rent clause), the solicitor must cease acting for both.

  • Option A is wrong: informed consent cannot override a current conflict.
  • Option B is wrong: unless exceptional circumstances apply, the solicitor must stop acting for both, as continuing for one risks misuse of confidential information.
  • Option D is wrong: independent advice does not cure a professional conflict.
  • Option E is wrong: recording the conflict does not satisfy the duty to withdraw.

This question tests FLK1: Legal Services and Ethics, a topic less frequently covered but regularly assessed through realistic solicitor–client scenarios involving conflicts, confidentiality, and professional integrity.

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 (Yannis) Glinavos

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