Monday 16 March 2026
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.
Livestreams coming up! Join me Wednesday at 1pm live for our MCQ workshop. Check the lives tab for the next available stream. This week’s stream is for our channel members and we will be going through the SRA’s sample set of FLK2 MCQs.
This Week’s Question: A claimant issues proceedings for £85,000 arising out of an alleged breach of contract. Six months before trial, the defendant sends a written offer for £83,500 stating that it is made pursuant to Part 36, that it relates to the whole of the claim, and that it will remain open for acceptance for 21 days. The claimant does not accept. At trial, the claimant is awarded £82,000 plus interest. The claimant argues that she has effectively succeeded because she recovered most of what she claimed and therefore should receive her costs throughout. What is the most likely effect of the defendant’s offer on costs?
A. The claimant will recover her costs in full because she obtained judgment for a substantial sum and succeeded on the main issue.
B. The claimant will recover her costs up to the date of the offer, and thereafter each party will usually bear its own costs because the claimant still obtained judgment.
C. The claimant will recover all of her costs unless the defendant can show that the claimant acted unreasonably in refusing the offer.
D. The claimant will usually be ordered to pay the defendant’s costs from the end of the relevant period, unless the court considers that outcome unjust.
E. The defendant will usually be ordered to pay the claimant’s costs throughout because the judgment was only slightly below the amount claimed.
Dig Deeper: Learn more Part36 offers on https://youtu.be/G0YAmrSVstk
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Last Week’s Question: A man is arrested on suspicion of burglary and taken to a police station. Before the police begin questioning him about the alleged offence, he asks to speak to a solicitor. The custody officer notes the request but the investigating officer suggests starting the interview immediately because the evidence is strong and delaying the interview may allow the suspect time to change his story. The interview begins without a solicitor present and the man makes several incriminating statements. Under the rules governing police questioning of suspects in England and Wales, which of the following best reflects the correct legal position?
A. The police may proceed with the interview immediately if they believe the suspect is likely to change his story after speaking to a solicitor.
B. The police may interview the suspect without a solicitor if the custody officer considers the evidence against the suspect to be strong.
C. The police should normally delay the interview until the suspect has had the opportunity to consult a solicitor, unless a recognised exception applies.
D. The police must cancel the interview entirely once the suspect asks for legal advice.
E. The police may continue the interview provided the suspect confirms he understands the questions being asked.
✅ Correct Answer: C. The police should normally delay the interview until the suspect has had the opportunity to consult a solicitor, unless a recognised exception applies. Feedback: Under section 58 of the Police and Criminal Evidence Act 1984 (PACE), a person detained at a police station has the right to consult a solicitor privately at any time. As a general rule, if a suspect requests legal advice, interviewing should not proceed until the suspect has had the opportunity to obtain that advice. Only limited and specific exceptions allow the police to delay access to legal advice, typically in serious offences and where delay is authorised by a senior officer because access might lead to consequences such as interference with evidence or harm to others. In this scenario: The suspect requested legal advice before the interview began. The police proceeded with questioning without waiting for a solicitor. This would normally be considered a breach of the suspect’s right to legal advice, and the court may consider excluding the statements under section 78 PACE if their admission would have an adverse effect on the fairness of the proceedings. Other options are incorrect because:
- A and B wrongly suggest the police may ignore the request based on investigative convenience.
- D is incorrect because interviews may proceed once legal advice has been provided or properly waived.
- E is incorrect because understanding questions does not replace the statutory right to legal advice.
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All the best
Dr Ioannis (Yannis) Glinavos
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