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SQE1 – Functional Legal Knowledge
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Course
Materials
SQE 1 programme content
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Course Content
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Welcome
Introduction to Functioning Legal Knowledge
1 Topic
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Introduction to functioning legal knowledge
Statement of Solicitor Competence
2 Topics
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About the competence statement
Statement of solicitor competence
Ethics and Professional Conduct
17 Topics
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1 Assessment
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SLK: Ethics and Professional Conduct
SRA standards and regulations
SRA Code of Conduct for Solicitors, Registers European Lawyer’s (REL’s) and Registered Foreign Lawyer’s (RFL’s)
Conflicts of interest
Managers and compliance officers in authorised firms
SRA badge – the “clickable logo”
SRA enforcement strategy
Undertakings
Client care and costs
SRA price transparency rules
Money laundering
The general prohibition – section 19 FSMA
Financial promotions – section 21 FSMA
Duties
Reporting
Obtaining Instructions
The Retainer
Ethics and Professional Conduct Assessment
Criminal Law and Practice
15 Topics
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2 Assessments
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SLK: Criminal Law and Practice
Core principles of criminal liability
Participation
Law, procedure and processes involved in advising a client at the police station
Evidence
Law, procedure and processes involved in pre-trial considerations
Law, procedure and processes involved to meet the client’s objectives
Court Bail
Law, procedure and processes involved in magistrates’ court and Crown Court trials
Sentencing
Youth Courts
Appeals
Key offences
Road Traffic Offences
Fraud Act offences
Criminal Law Assessment
Criminal Practice Assessment
Legal System of England and Wales
3 Topics
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1 Assessment
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SLK: The Legal System of England and Wales
The Legal System of England and Wales
Sources of Law
Legal Systems Assessment
Constitutional and Administrative Law
15 Topics
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1 Assessment
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SLK: Constitutional and Administrative Law
Core Institutions of the State
Parliament and parliamentary sovereignty
Central government and accountability
The devolved institutions and their relationship with Westminster
Monarch and the Crown
Constitutional conventions
Prerogative powers
Parliamentary privilege
Legitimacy, separation of powers and the rule of law
Powers and procedures for the enactment of primary and secondary legislation
Powers and procedures for the implementation of primary and secondary legislation
Powers and procedures for the repeal of primary and secondary legislation
Public order: Processions, Assemblies, and Breach of the Peace
Human Rights and EU Law
Constitutional & Administrative Law Assessement
Judicial Review
11 Topics
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Judicial review
Nature, process and limits of judicial review
supervisory nature
Remedies
Decisions which may be challenged
Standing
Time limits
Grounds: illegality, irrationality, procedural impropriety, and legitimate expectation
Human Rights Act 1998 and the European Convention on Human Rights
ss.2, 3, 4, 6, 7, 8, 10 Human Rights Act 1998
Schedule 1 Human Rights Act 1998 the “Convention Rights”
EU Law
5 Topics
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SLK: EU Law
Sources of retained EU law
Categories/status/interpretation of retained EU law
Modification/withdrawal of retained EU law
Parliamentary sovereignty and retained EU law
Legal Services
27 Topics
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SLK: Legal services
The regulatory role of the SRA
Principles and risk-based regulation
Reserved legal activities
Professional indemnity insurance
Other regulated providers of legal services
Overriding legal obligations
The Equality Act 2010
Money laundering
Purpose and scope of anti-money laundering legislation including the international context
Circumstances encountered in the course of practice where suspicion of money laundering should be reported in accordance with the legislation
The appropriate person or body to whom suspicions should be reported, the appropriate time for such reports to be made and the appropriate procedure to be followed
Direct involvement and non-direct involvement offences, and defences to those offences under Proceeds of Crime Act 2002
Due diligence requirements
Financial services
The financial services regulatory framework including authorisation, and how it applies to solicitors’ firms
Recognition of relevant financial services issues, including the identification of specified investments, specified activities and relevant exemptions
Application of the Financial Services and Markets Act 2000 and related secondary legislation to the work of a solicitor
Appropriate sources of information on financial services
Funding options for legal services
Solicitors Accounts
10 Topics
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SLK: Solicitors Accounts
Transactions involving client money and money belonging to the authorised body
Operation of ledgers and bank accounts
Basic transactions, including Bills
Payment of interest
Accounting for VAT
Breaches of the SRA Accounts Rules
Accounting entries required
Obtaining and delivery of accountants’ reports
Obligations regarding record-keeping
Contract
7 Topics
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1 Assessment
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SLK: Contract
Existence/formation of a contract
Contents of a contract
Causation and remoteness
Vitiating elements
Discharge of contract and remedies
Unjust enrichment
Contract Assessment
Tort
5 Topics
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1 Assessment
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SLK: Tort
Employer’s Liability
Occupier’s liability
Product liability
Case law
Tort and Negligence Assessment
Negligence
8 Topics
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Negligence
Breach of Duty
Damages
Causation
Remoteness
Defences
Pure Economic Loss
Pure Psychiatric Harm
Dispute Resolution
33 Topics
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2 Assessments
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SLK: Dispute Resolution
Analysis of Merits of Claim
Analysis of merits of defence
Introduction to ADR
Mediation
Arbitration
Arbitration, mediation and litigation as an appropriate mechanism to resolve a dispute
Other types of ADR
ADR and professional conduct
Limitation
Jurisdiction
Pre-action considerations and steps
Choice of court
Funding and fee arrangements
Commencing, responding to or progressing a claim
Judgment in default
Discontinuance and settlement
Statements of case
Allocation
Interim applications
Business Law and Practice
21 Topics
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1 Assessment
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SLK: Business Law and Practice
Business structures
Choosing a structure
Setting up a limited company
Joint ventures
Partnerships
Company decision making to ensure compliance with legal and statutory requirements
Business management to ensure compliance with legal and statutory requirements
Interests in proposed or existing transactions
Substantial property transactions
Loans to directors
Quasi-loans and credit transactions
Share capital
Allotment of shares and pre-emption rights
Own share purchase and redemption
Share transfers
Equity finance and debt finance
Taxation of a business and its stakeholders
Termination of a solvent business
Corporate insolvency
Property Law and Practice
16 Topics
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SLK: Property Law and Practice
Key elements of a freehold and/or leasehold residential or commercial property transaction
Investigation of registered and unregistered freehold and/or leasehold title
Pre-contract searches and enquiries undertaken when acquiring a freehold and/or leasehold property
Steps to progress a freehold and/or leasehold transaction to exchange of contracts
Pre-completion steps in relation to freehold and/or leasehold property transactions
Completion and post-completion steps in relation to freehold and/or leasehold property transactions
Remedies for delayed completion
Grant and the assignment of a commercial lease and the law relating to their breach
Key lease covenants in a commercial lease and the law relating to their breach
Security of tenure under the Landlord and Tenant Act 1954 Part II
Taxation of property transactions
Stamp Duty Land Tax
Land Transaction Tax
Value Added Tax
Capital Gains Tax
Land Law
7 Topics
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1 Assessment
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SLK: Land Law
Registered and unregistered land
Freehold and leasehold estates
Legal interests in land
Equitable interests in land
Landlord and tenant
Co-ownership
Land Law Assessment
Wills and the Administration of Estates
10 Topics
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SLK: Wills and the Administration of Estates
Will basics and property establishment
Distribution and validation of testate, intestate and partially intestate estates
Distribution under intestacy rules
Law and practice in connection with an application for a grant of representation
Law and practice of Inheritance Tax in relation to lifetime gifts and transfers on death
Planning, management and progression of the administration of an estate
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Law and Practice relating to personal representatives and trustees in the administration of estates and consequent trusts
Rights, powers, and remedies of beneficiaries of wills and consequent trusts
Trusts
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SLK: Trusts
Express trusts
Implied trusts
Fiduciary relationships/duties
Trustees’ duties
Trustees’ powers
Trustees’ liability
Equitable remedies
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