The Solicitors Qualifying Examination (SQE) has reshaped the path to becoming a solicitor in England and Wales. The first stage, SQE1, tests your Functioning Legal Knowledge (FLK) through two multiple-choice assessments. This guide provides a detailed breakdown of the second of these, FLK2, covering its core subjects, their respective weightings, and key principles you need to master.
💡 Key Takeaway
SQE1 FLK2 assesses your ability to apply fundamental legal principles in the context of private client and property matters. It covers six core areas: Property Practice, Wills & Administration, Solicitors Accounts, Criminal Law & Practice, Land Law, and Trusts. A balanced understanding across all subjects is crucial for success.
Understanding the FLK2 Assessment Structure
FLK2 is a computer-based, multiple-choice exam consisting of 180 single best answer questions. The assessment is closed-book and covers the six subject areas mentioned above. The SRA provides a percentage weighting for each subject to indicate its prominence in the exam.
Exam Weighting
| Subject Area | Approximate Weighting | Number of Questions (Approx.) |
|---|---|---|
| Property Practice | 14% - 20% | 25 - 36 |
| Wills and the Administration of Estates | 14% - 20% | 25 - 36 |
| Solicitors Accounts | 14% - 20% | 25 - 36 |
| Land Law | 14% - 20% | 25 - 36 |
| Trusts | 14% - 20% | 25 - 36 |
| Criminal Law and Practice | 14% - 20% | 25 - 36 |
1. Property Practice
This area tests the practical application of land law in the context of conveyancing transactions. You'll need to understand the key stages of a freehold and leasehold transaction, from pre-contract searches to post-completion formalities. The Law of Property Act 1925 and the Land Registration Act 2002 are foundational statutes.
Key Topics in Property Practice
- Standard Conditions of Sale and Standard Commercial Property Conditions.
- Pre-contract searches and enquiries.
- Financing a transaction and acting for a lender.
- Drafting and exchanging contracts.
- Completion and post-completion steps, including Stamp Duty Land Tax (SDLT) and Land Registry applications.
In P&P Property Ltd v Owen White & Catlin LLP [2018] EWCA Civ 1082, the Court of Appeal considered a solicitor's duty of care in a fraudulent property transaction, highlighting the importance of identity checks.
2. Wills and the Administration of Estates
This section focuses on the creation of valid wills, the rules of intestacy, and the process of administering an estate. You must be familiar with the Wills Act 1837 and the Administration of Estates Act 1925.
Core Concepts
Understanding the requirements for a valid will is crucial. This includes capacity, intention, and the formal requirements of signing and witnessing. The case of Banks v Goodfellow [1870] LR 5 QB 549 established the classic test for testamentary capacity.
You should also be able to advise on the effect of marriage, divorce, and the birth of children on a will, and the claims that can be made against an estate under the Inheritance (Provision for Family and Dependants) Act 1975, as explored in Ilott v The Blue Cross [2017] UKSC 17.
📝 Exam Tip
Pay close attention to the rules of intestacy. SQE questions often present complex family structures, requiring you to accurately distribute the estate according to the statutory rules. Be methodical and trace the distribution step-by-step.
3. Solicitors Accounts
This is often considered one of the most challenging parts of the SQE. It requires a precise understanding of the SRA Accounts Rules. You will be tested on your ability to correctly record transactions involving client money and the firm's own money.
Key Rules and Ledgers
You must be able to distinguish between client money and firm money, and understand the rules for paying money into and withdrawing money from a client account. Key cases like Re a Solicitor [1975] QB 475, although older, establish the principles of how client money should be treated. You will need to be proficient in maintaining double-entry bookkeeping records, including client ledger accounts, business ledger accounts, and cash books.
⚠️ Common Mistake
A frequent error is incorrectly dealing with mixed payments. If you receive a payment that includes both client money (e.g., purchase price) and firm money (e.g., your legal fees), you must allocate it to the correct account promptly. Failure to do so is a breach of the SRA Accounts Rules.
4. Criminal Law and Practice
While FLK1 covers substantive criminal law, FLK2 focuses on criminal practice and procedure. This includes advising clients at the police station, the funding of criminal cases, and the procedures for summary and indictable offences.
From Arrest to Trial
You need to understand the powers of the police under the Police and Criminal Evidence Act 1984 (PACE), a client's rights in custody, and the procedure for bail applications. Key cases on evidence, such as the admissibility of confessions (R v Fulling [1985] QB 426) and character evidence (R v Hanson [2005] EWCA Crim 824), are essential.
5. Land Law
Land law provides the theoretical foundation for property practice. It covers the nature of land, the distinction between registered and unregistered land, and the creation and transfer of legal and equitable interests. The concept of overriding interests, as defined in the Land Registration Act 2002, is a core topic.
Co-ownership and Trusts of Land
A significant portion of land law involves co-ownership. You must be able to distinguish between joint tenancies and tenancies in common, and understand the process of severance. The principles governing trusts of land, established by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), are frequently tested. The case of Stack v Dowden [2007] UKHL 17 is a landmark authority on determining beneficial interests in a family home.
6. Trusts
This area covers the creation and administration of express and implied trusts. You need to understand the 'three certainties' required to create a valid express trust, as established in Knight v Knight [1840] 49 ER 58: certainty of intention, subject matter, and objects.
Trustee Duties and Liabilities
A key focus is on the duties of trustees, including their duty of care (Speight v Gaunt [1883] 22 ChD 727), duty to invest, and the fiduciary duty to avoid conflicts of interest. You should also be familiar with the remedies for breach of trust, such as tracing and accounting for profits.
FAQs for SQE1 FLK2
- How are ethics assessed in FLK2?
- Ethical questions are pervasive and integrated throughout the FLK2 paper. You will be expected to identify and resolve ethical issues in the context of the scenarios presented in any of the six subject areas.
- Is it better to focus on high-weighting subjects?
- No, the weightings are broad and can vary between sittings. All six subjects are equally important, and a poor performance in one area can jeopardise your overall result. A balanced revision strategy is essential.
- How much detail of case law is required?
- You are not expected to remember the full citation of every case. However, you must understand the legal principle established by key cases and be able to apply it to a new set of facts. Knowing the case name helps to demonstrate the authority for the principle you are applying.
- Are calculators allowed for Solicitors Accounts?
- No, calculators are not permitted in the SQE1 exam. The calculations required for Solicitors Accounts are designed to be manageable without a calculator. The focus is on applying the rules correctly, not complex arithmetic.