In the Solicitors Qualifying Examination (SQE), candidates are expected to navigate and apply legal authorities effectively. Legal authorities refer to case names, statutory provisions, or other legal references that encapsulate legal principles, areas of law, rules, or procedural steps. Understanding and utilising these authorities are essential for a comprehensive grasp of legal practice.
In specific instances where a case name, statutory provision, or regulatory reference is conventionally used to describe a legal principle, an area of law, or a procedural step, candidates are required to know and apply such references. For example, the case of Rylands v Fletcher or statutory provisions like CPR Part 36 and Section 25 notice. Candidates should be able to use these legal authorities appropriately in the context of legal practice. This includes understanding the implications of specific cases or statutes and their relevance to the legal issues at hand.
In all other circumstances, candidates are not required to recall specific case names or cite statutory or regulatory authorities. The emphasis is on practical application rather than rote memorisation. Instead of memorising a laundry list of cases or statutes, candidates are encouraged to focus on understanding the legal principles, concepts, and their practical application in various scenarios.
In real legal practice, professionals often refer to well-known cases or statutory provisions to succinctly express legal concepts. Therefore, candidates are assessed on their ability to leverage these authorities effectively when needed. The SQE encourages a balanced approach, where candidates can use legal authorities appropriately in relevant situations without the burden of memorising an exhaustive list of references.
In summary, the SQE examination acknowledges the practical use of legal authorities in legal practice. While candidates are expected to know and apply specific case names or statutory provisions in certain instances, the overall focus is on the application of legal principles and their effective use in addressing client-based and ethical problems. This approach aligns with the realities of legal practice, where a nuanced understanding of legal concepts takes precedence over memorisation of specific references.
