Newsletter 145

Monday 29 June 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.

Join our SQE1 July Prep Livestreams! Join me weekly live for our MCQ workshop. Free for the whole community. Our next session will be this Wednesday 1 July on FLK2 Criminal Law and Practice https://youtube.com/live/C066YUqT3_8

This Week’s Question: A man is charged with an either-way assault. The prosecution opposes bail because the complainant lives nearby, the man has previously failed to attend court, and there is evidence that he contacted the complainant after arrest. The defence proposes bail conditions requiring him to live with a relative, obey a curfew, avoid the complainant, and stay outside the complainant’s street. The magistrates must decide whether to remand him in custody or grant bail. Which of the following best reflects the correct approach to bail?

A. Bail must be refused because the offence is either-way and the defendant has previously failed to attend court.

B. Bail must be granted unconditionally because an unconvicted defendant has a general right to bail.

C. Bail may be refused only if there are substantial grounds for believing a statutory exception applies and conditions would not sufficiently manage the risk.

D. Bail may be refused simply because the prosecution objects and the alleged offence involves violence.

E. Bail must be granted if the defendant offers any conditions, even where the complainant may still be at risk.

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Last Week’s Question: A solicitor acts for a buyer purchasing a commercial property. The firm receives one payment of £362,500 into client account, comprising £350,000 for completion, £10,000 for SDLT, £2,000 to settle an interim bill already delivered, and £500 to reimburse a search fee already paid from the firm’s business account. The engagement letter explained that paid disbursements would be reimbursed from money received. Completion is due in one week. Which of the following is the correct treatment of the payment under the SRA Accounts Rules?

A. The firm should retain the entire £362,500 in client account until completion and transfer the costs afterwards.

B. The firm should transfer £12,500 to business account because the SDLT, fees and search cost relate to the matter.

C. The firm should promptly transfer £2,500 to business account and retain the remaining £360,000 in client account.

D. The firm should transfer only the £2,000 billed fees and retain the search reimbursement in client account until separately billed.

E. The firm should transfer the entire payment to business account because an interim bill has already been delivered.

Correct answer: C. The firm should promptly transfer £2,500 to business account and retain the remaining £360,000 in client account. Feedback: The payment is a mixed payment containing both client money and money belonging to the firm. Under SRA Accounts Rule 4.2, the firm must promptly allocate the different elements to the correct client or business account. The £350,000 completion money and £10,000 SDLT money must remain in client account. They are being held for purposes connected with the transaction and have not yet been applied. In particular, the SRA warns against placing advance SDLT funds in business account because the client remains liable for the tax until it is paid and the money must continue to be safeguarded.

The £2,000 relates to an interim bill already delivered. Money received in settlement of a delivered bill may properly be treated as business money. Where money already held in client account is used for costs, Rule 4.3 requires the firm first to deliver a bill or other written notification identifying the relevant sum. The £500 may also be transferred to business account because it reimburses the firm for a search fee that the firm has already paid from its own funds. The SRA guidance confirms that reimbursement of a paid disbursement may be transferred under Rule 5.1(a), provided the client understands how the money will be used and has authorised that arrangement. Therefore:

  • £350,000 completion funds: client account
  • £10,000 SDLT funds: client account
  • £2,000 billed fees: business account
  • £500 paid search reimbursement: business account

The other answers are incorrect because:

  • A fails to allocate the business-money element promptly.
  • B wrongly treats the unpaid SDLT as money belonging to the firm.
  • D overlooks the rule permitting reimbursement of a disbursement already paid by the firm.
  • E wrongly assumes that one interim bill converts unrelated transaction funds into business money.

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You will hear from me again soon.

All the best

Dr Ioannis (Yannis) Glinavos

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