Monday 17 March 2025
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
I 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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Question: Julia operates a small catering business and enters into a contract with FreshFarm Ltd. to supply fresh produce weekly. FreshFarm Ltd. repeatedly fails to deliver goods as agreed, causing Julia to lose customers and profits totalling £8,000. Julia decides to bring a claim for breach of contract in court to recover her losses. She seeks legal advice on the appropriate court and procedural track that will handle her case. Under the Civil Procedure Rules (CPR), which court and track are most likely appropriate for Julia’s claim?
1. County Court, Small Claims Track – Because Julia’s claim is less than £10,000 and involves a straightforward contractual dispute.
2. High Court, Multi-track – Because the dispute involves a business-to-business contract dispute.
3. County Court, Fast Track – Because Julia’s claim exceeds £5,000 and is a business dispute, requiring formal procedures and expert evidence.
4. Magistrates’ Court, Small Claims Track – Because the claim is small and straightforward.
5. High Court, Fast Track – Because contractual disputes involving commercial businesses must always be heard in the High Court.
Resource: Learn more about civil procedure by watching this video. Pick up a copy of our free study planner here.
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Answer and feedback to last week’s question: Daniel is a recent law graduate in England and is considering his career options. He is unsure whether to qualify as a solicitor or a barrister and wants to understand the key differences between the two professions. He is particularly interested in advocacy, advising clients, and understanding the ethical obligations of legal practitioners. While researching, Daniel learns that both solicitors and barristers must adhere to professional codes of conduct and that their ethical duties can sometimes differ, particularly in their obligations towards clients, the court, and confidentiality.
Which of the following best describes the key differences between solicitors and barristers, including their ethical responsibilities?
1. Barristers specialize in advocacy and have a duty to the court to remain independent, while solicitors focus on legal advice and client representation, with a duty to act in the client’s best interests while upholding the law.
2. Solicitors and barristers have identical ethical duties, with no distinction in their obligations towards clients or the court.
3. Solicitors are only responsible for acting in their client’s best interests, while barristers have an overriding duty to win cases, regardless of ethical concerns.
4. Barristers can only act if instructed by solicitors, meaning they do not owe independent ethical duties towards clients.
5. Solicitors and barristers are not subject to professional regulation, as ethical considerations in law are purely discretionary.
Correct Answer: 1. Barristers specialize in advocacy and have a duty to the court to remain independent, while solicitors focus on legal advice and client representation, with a duty to act in the client’s best interests while upholding the law. The legal profession in England and Wales is divided into solicitors and barristers, each with distinct ethical duties: Barristers specialize in advocacy and courtroom representation; Have an overriding duty to the court, meaning they must act independently and with integrity, even if it conflicts with client instructions; Cannot mislead the court or act dishonestly (Barristers’ Code of Conduct, Bar Standards Board); Must follow the “cab-rank rule”, which means they cannot refuse a case if they are available and it is within their area of expertise. Solicitors provide legal advice, manage cases, and act as the first point of contact for clients; Owe a duty to act in the best interests of their clients while also complying with their duty to the court and the Solicitors Regulation Authority (SRA) Code of Conduct; Have stricter client confidentiality obligations but must not mislead the court or assist in dishonest conduct.
Why the Other Options Are Incorrect: Option 2 is incorrect because although solicitors and barristers share some ethical duties (e.g., integrity and honesty), their specific obligations to clients and the court differ. Option 3 is incorrect because barristers must act with independence and cannot prioritize winning at all costs—they have a duty to the court first. Option 4 is incorrect because while barristers are often instructed by solicitors, they still owe ethical obligations to the court and their clients. Option 5 is incorrect because both solicitors and barristers are heavily regulated by professional bodies (SRA for solicitors, BSB for barristers). Ethical compliance is mandatory, not discretionary.
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Dr Ioannis Glinavos
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