Newsletter 96

Monday 21 July 2025

Your weekly SQE Prep Quiz has arrived

Dear Subscriber,

Good luck to everyone sitting SQE1 FLK2 this week! 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 man pushes another during an argument. The other person falls, hits their head on a sharp surface, and dies. The man claims he only meant to push, not to cause serious harm. The prosecution charges him with unlawful act manslaughter. The defence argues that the death was an accident.

What must the prosecution prove to establish unlawful act manslaughter in this case?

A. That the man foresaw the death and intended to cause serious injury.
B. That the man intended to kill or cause grievous bodily harm.
C. That the man committed an unlawful act that was dangerous and caused the death.
D. That the man was reckless as to whether death or serious harm would occur.
E. That the man breached a duty of care owed to the other person.

Dig Deeper: Learn more about criminal law, by watching this video.

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Last Week’s Question:

A solicitor at a law firm is advising a man on the sale of his business. The solicitor learns that another solicitor at the same firm is acting for the buyer in an unrelated matter. The firm keeps client files separate but has not yet informed either client of this connection. The solicitor is unsure whether the firm can keep acting for both clients without breaching ethical rules.

Under the Solicitors Regulation Authority (SRA) Code of Conduct, what should the firm do in this situation?

A. Act for both clients if they keep files separate and do not disclose the connection to either client.
B. Automatically stop acting for both clients because conflicts are never allowed under SRA rules.
C. Check if there is a significant risk of conflict and only act for both clients with informed consent and safeguards in place.
D. Continue acting for both clients because the work for the buyer is on a different legal matter.
E. Act for the man only, as solicitors must choose to represent sellers over buyers in a business transaction.

✅ Correct Answer: C. Check if there is a significant risk of conflict and only act for both clients with informed consent and safeguards in place.

Under the SRA Code of Conduct, a solicitor must not act if there is a conflict of interest or a significant risk of one arising. However, the rules allow solicitors to act for clients with potentially competing interests if:

  • The clients give informed consent;
  • Acting is reasonable in the circumstances; and
  • Effective safeguards (e.g. information barriers) protect client confidentiality.

This ensures solicitors act with integrity and preserve trust in legal services.

Other options are incorrect because:

  • A is wrong: secrecy alone does not resolve conflict risks.
  • B is wrong: conflicts are not automatically prohibited but can be managed in certain cases.
  • D is wrong: acting in unrelated matters does not remove the duty to assess conflict risks.
  • E is wrong: there is no rule preferring sellers over buyers.

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You will hear from me again soon.

All the best

Dr Ioannis Glinavos

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