Monday 29 December 2025
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
Hope you had a great Christmas break! 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 is the registered proprietor of a freehold house. In 2019, she grants a legal charge to Bank A, which is properly registered. In 2022, she grants a second legal charge to Bank B, which is also registered. In 2023, she grants an equitable charge to a friend to secure a personal loan, but the friend does not enter any notice on the register. The woman later defaults on all loans, and the property is sold.
How will the sale proceeds be distributed?
A. Bank B will be paid first, followed by Bank A, then the friend.
B. Bank A will be paid first, followed by Bank B, then the friend.
C. The friend will be paid first because the equitable charge was created last in time.
D. Bank A and Bank B will share the proceeds equally, followed by the friend.
E. The friend’s interest binds the purchaser as an overriding interest and must be paid first.
Dig Deeper: Learn more about FLK1 Land Law, on https://youtu.be/UH5EqxVKUu8
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Last Week’s Question: An Act of Parliament gives a government minister power to make regulations “as the minister considers appropriate” to implement a new licensing scheme. Using this power, the minister makes regulations that impose criminal penalties and significantly restrict existing commercial activities. A business affected by the regulations seeks advice on how Parliament and the courts may control the use of such delegated legislation.
Which statement best reflects the legal position?
A. Delegated legislation cannot be challenged once it has been laid before Parliament.
B. Delegated legislation may be subject to parliamentary scrutiny and judicial review.
C. Delegated legislation has the same constitutional status as primary legislation.
D. Delegated legislation can only be challenged if Parliament expressly disapproves it.
E. Delegated legislation cannot be challenged if the enabling Act uses broad wording.
✅ Correct Answer: B Delegated legislation may be subject to parliamentary scrutiny and judicial review. Feedback: Delegated legislation is law made by a body or person authorised by Parliament under an enabling Act. It is controlled in two main ways: Parliamentary control, including procedures such as the affirmative and negative resolution procedures. Judicial control, primarily through judicial review, where courts can strike down delegated legislation that is ultra vires the enabling Act. Courts may intervene where delegated legislation exceeds the scope of the power granted or is unreasonable, as in R v Secretary of State for Social Services, ex parte Joint Council for the Welfare of Immigrants [1997].
Why the other options are wrong:
- A is wrong: laying before Parliament does not prevent judicial review.
- C is wrong: delegated legislation is subordinate to primary legislation.
- D is wrong: courts can intervene independently of parliamentary disapproval.
- E is wrong: even broadly worded powers are legally limited by the purpose of the enabling Act.
This question tests FLK1: English Legal System, targeting delegated legislation and constitutional accountability, a topic that appears less frequently than judicial precedent or statutory interpretation but is examinable in SQE1.
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Dr Ioannis (Yannis) Glinavos
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