Monday 17 August 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.
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This Week’s Question: A solicitor acts for a buyer purchasing the whole of a registered freehold title. An OS1 search with priority is obtained, but completion is substantially delayed. Before the first priority period expires, the solicitor obtains a second OS1 search. However, another registrable disposition affecting the title was lodged after the first search but before the second search. The buyer completes only after the first priority period has expired and then applies for registration within the second priority period. Which of the following best describes the buyer’s position?
A. The second OS1 automatically extends the first priority period, so the buyer retains priority over the intervening application.
B. The second OS1 replaces the first search retrospectively, so the buyer retains priority provided registration occurs within the second period.
C. The buyer loses priority over the intervening application because the second OS1 creates a new priority period and does not protect against an application lodged before it.
D. The buyer retains priority because any OS1 obtained before completion protects the transfer against all applications lodged before registration.
E. The buyer loses all priority protection because only one OS1 search may be made in relation to the same transaction.
Dig Deeper: Revising Property Law and Practice? See https://youtu.be/DYaD-1NPDaE
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Last Week’s Question: A company brings a contractual claim for £100,000. During proceedings, it makes a valid Part 36 offer to accept £80,000, allowing a 21-day relevant period. The defendant rejects the offer and the case proceeds to trial. The company is awarded exactly £80,000. The claim is not subject to fixed recoverable costs, the offer was not withdrawn, and the court considers that applying the normal Part 36 consequences would not be unjust. Which of the following best describes the costs consequences?
A. The company receives its costs on the standard basis throughout because it did not obtain a judgment more advantageous than its own offer.
B. The company receives its costs until expiry of the relevant period but must pay the defendant’s costs incurred after that date.
C. The company receives indemnity costs from the date the offer was made and automatically receives interest at 10% above base rate.
D. The company benefits from the enhanced Part 36 consequences because the judgment is at least as advantageous as its own offer.
E. The Part 36 offer has no special costs consequences because the company had to obtain more than £80,000 at trial.
Correct answer: D. The company benefits from the enhanced Part 36 consequences because the judgment is at least as advantageous as its own offer. Feedback: Under CPR 36.17(1)(b), the enhanced consequences of a claimant’s Part 36 offer apply where the judgment against the defendant is at least as advantageous to the claimant as the proposals contained in the offer. For a money claim, CPR 36.17(2) confirms that this includes a judgment equal to the claimant’s offer. The company therefore does not have to beat £80,000: recovering exactly £80,000 is sufficient. Unless the court considers it unjust, the claimant is entitled from the expiry of the relevant period to indemnity-basis costs, interest on those costs at a rate of up to 10% above base rate, enhanced interest on the damages at a rate of up to 10% above base rate, and an additional amount. On an £80,000 award, the additional amount would ordinarily be £8,000 because CPR 36.17 provides for 10% of an award up to £500,000.
The other options are incorrect because:
- A incorrectly assumes that the claimant must obtain more than its own Part 36 offer.
- B describes, broadly, the adverse costs position that can arise where a claimant fails to beat a defendant’s Part 36 offer, not where the claimant matches its own offer.
- C is wrong because the enhanced consequences generally run from expiry of the relevant period, not from the date the offer was made, and the enhanced interest rate is discretionary up to the prescribed maximum rather than automatically 10%.
- E overlooks the deliberate distinction in CPR 36.17 between a claimant needing to obtain a result “at least as advantageous” as its own offer and the test applicable to a defendant’s offer. Justice.gov.uk
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Dr Ioannis (Yannis) Glinavos
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