Monday 6 July 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 this week for our final MCQ workshop for this session. Free for the whole community. Wednesday 8 July on FLK2 Property Law and Practice https://youtube.com/live/1nC4NXSs7a0
This Week’s Question: A solicitor acts for a buyer purchasing the whole of a registered freehold title. The solicitor obtains an OS1 official search with priority before completion, and completion takes place within the priority period. After completion, but before the solicitor applies to register the transfer, a creditor of the seller lodges an application to protect an adverse interest against the title. The solicitor then realises that the buyer’s registration application was not lodged until after the OS1 priority period expired. Which of the following best reflects the likely conveyancing position?
A. The buyer is protected because completion took place within the OS1 priority period, even though registration was delayed.
B. The buyer is protected if the solicitor lodges a second OS1, because it extends the original priority period.
C. The buyer may have lost priority because the transfer application was not lodged within the OS1 priority period.
D. The creditor’s application is invalid because the seller ceased to own the property once completion occurred.
E. The buyer automatically takes free of the creditor’s interest because the transfer deed was executed first.
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Last 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.
Correct answer: 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. Feedback: Under section 4 Bail Act 1976, a defendant has a prima facie right to bail. Because this is an imprisonable offence (either-way assault), the relevant exceptions to this right are found in Schedule 1, Part 1 of the Bail Act 1976. A defendant may be remanded in custody if the court is satisfied there are substantial grounds for believing that, if released on bail, they would: fail to surrender to custody, commit an offence on bail, or interfere with witnesses/obstruct the course of justice.
When assessing these risks, the court must consider factors under paragraph 9, which include the defendant’s previous record (such as previous failures to attend court) and the nature of the evidence. However, under section 3(6) Bail Act 1976, bail conditions may be imposed to mitigate these risks. Crucially, a remand in custody is a measure of last resort; if the court is satisfied that the proposed conditions (such as a curfew, residence requirement, and exclusion zone) sufficiently manage the risks, conditional bail must be granted.
Therefore, custody is only justified if there are substantial grounds for believing an exception applies and that conditions would not sufficiently manage that risk.
A is incorrect because a previous failure to surrender is a relevant factor but does not automatically mandate a refusal of bail.
B is incorrect because the general right to bail is not absolute and is subject to the Schedule 1 exceptions.
D is incorrect because neither a prosecution objection nor the seriousness of the offence is sufficient on its own without substantial grounds for believing a specific statutory exception applies.
E is incorrect because proposed conditions must actually be sufficient to manage the identified risks; offering conditions does not guarantee bail.
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Dr Ioannis (Yannis) Glinavos
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