The Solicitors Qualifying Examination (SQE) is the centralised assessment for all aspiring solicitors in England and Wales. SQE1 tests your Functioning Legal Knowledge (FLK) through two multiple-choice exams: FLK1 and FLK2. This guide provides a detailed breakdown of the SQE1 FLK1 syllabus, offering insights into the subject matter, exam weighting, and key topics you need to master.
💡 Key Takeaway
SQE1 FLK1 assesses your ability to apply fundamental legal principles across a broad range of practice areas. Success requires not just rote memorisation, but a deep understanding of how these subjects interconnect and apply in practical scenarios. The exam consists of 180 single-best-answer multiple-choice questions.
Business Law and Practice (BLP)
BLP is a cornerstone of the FLK1 assessment. It covers the lifecycle of various business mediums, from their formation to their winding up. You will need to understand the distinctions between sole traders, partnerships, Limited Liability Partnerships (LLPs), and companies.
Key Topics in BLP:
- Business Structures: Understanding the formation, liability, and administrative requirements for different business types. The concept of separate legal personality, established in Salomon v A Salomon & Co Ltd [1897] AC 22, is fundamental.
- Corporate Governance: The roles, duties, and powers of directors, and the decision-making processes within a company. The Companies Act 2006 is the primary statute here.
- Finance and Insolvency: Knowledge of debt vs. equity finance, security types, and procedures for corporate and personal insolvency, such as administration and liquidation.
Dispute Resolution
This subject area tests your knowledge of the civil litigation process, from pre-action steps to enforcement of judgments. It also includes alternative dispute resolution (ADR) methods like mediation and arbitration.
The Litigation Process:
You must be familiar with the Civil Procedure Rules (CPR). Key stages include pre-action protocols, issuing and serving proceedings, case management, disclosure, and trial. The overriding objective of the CPR, to deal with cases justly and at proportionate cost, is a recurring theme.
In R (on the application of Unison) v Lord Chancellor [2017] UKSC 51, the Supreme Court emphasised the constitutional right of access to justice, a principle underpinning the entire dispute resolution framework.
📝 Exam Tip
Pay close attention to time limits and procedural deadlines within the CPR. Many MCQ questions are designed to test your knowledge of specific timeframes for actions like acknowledging service or filing a defence.
Contract Law
Contract law forms the basis of countless legal transactions. The FLK1 assessment requires a thorough understanding of contract formation, terms, vitiating factors, and remedies for breach.
Core Contractual Principles:
| Concept | Key Elements & Cases |
|---|---|
| Formation | Offer, Acceptance, Consideration (Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1), Intention to Create Legal Relations. |
| Terms | Express vs. Implied terms, Conditions, Warranties, Innominate Terms (Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26). |
| Vitiating Factors | Misrepresentation, Mistake, Duress, Undue Influence. |
| Remedies | Damages (Hadley v Baxendale [1854] 9 Exch 341), Specific Performance, Injunctions. |
Tort Law
The law of tort is primarily concerned with civil wrongs. For SQE1, the focus is heavily on the tort of negligence, but you should also be aware of other torts like nuisance and defamation.
The Elements of Negligence:
The classic test for negligence was established in Donoghue v Stevenson [1932] AC 562. You must be able to analyse:
- Duty of Care: When does one person owe a duty to another? See Caparo Industries plc v Dickman [1990] 2 AC 605.
- Breach of Duty: Has the defendant fallen below the required standard of care?
- Causation: Did the breach cause the claimant's loss? (Factual and Legal causation).
- Remoteness: Was the type of harm reasonably foreseeable?
⚠️ Common Mistake
A frequent error is confusing the tests for psychiatric harm for primary and secondary victims. Remember the strict control mechanisms for secondary victims established in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310.
The Legal System of England and Wales
This area covers the structure and hierarchy of the courts, the sources of law (legislation, common law, and retained EU law), and the roles of legal professionals. You should also understand the principles of statutory interpretation and the doctrine of precedent.
Constitutional and Administrative Law
This topic examines the fundamental principles of the UK's constitution, including the rule of law, separation of powers, and parliamentary sovereignty. A key area is judicial review, the mechanism by which the courts hold the executive to account. The grounds for judicial review were famously categorised by Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374.
Retained EU Law
Following Brexit, you are required to understand the status and effect of retained EU law in the UK legal system as governed by the European Union (Withdrawal) Act 2018. This includes the principles of direct effect and the supremacy of certain EU-derived domestic laws.
Frequently Asked Questions (FAQ)
How are the subjects weighted in FLK1?
The SRA does not provide an exact question-by-question breakdown, but the subjects are generally given broadly equal weight. Expect a significant number of questions from the larger topics like BLP, Dispute Resolution, Contract, and Tort.
Is it a negative marking exam?
No, the SQE1 exams are not negatively marked. You get one point for a correct answer and zero for an incorrect one. Therefore, you should always attempt every question.
How much detail is required for case law?
You are not expected to know the full facts of every case. The key is to understand the legal principle that each case establishes and how it applies to a given scenario.
What's the best way to prepare for FLK1?
A combination of understanding the core legal principles and extensive practice with multiple-choice questions is crucial. Identify your weaker areas and focus your revision accordingly. Timed practice is essential to get used to the pace of the exam.