SQE1 sample questions

Question 3

A company is the claimant in an action for negligence against a defendant accountancy practice. The claimant seeks damages for allegedly negligent professional advice provided by the defendant to the claimant. Standard disclosure has been ordered.

A two page letter sent to the claimant’s managing director by a financial adviser is included in the claimant’s list of documents. The financial adviser is independent of both parties to the litigation. The letter was found in the office of the claimant’s managing director, and the only copy is in the possession of the claimant’s solicitor. It is clear that the letter was written with the sole purpose of giving advice about drafting the letter before claim in the present litigation.

On what basis can the claimant claim a right to withhold inspection of the letter?

A. The letter is no longer in the control of the party disclosing it.

B. The letter is subject to legal advice privilege.

C. It would be disproportionate to the issues in the case to permit inspection of the letter.

D. The letter is subject to litigation privilege.

E. The letter was written after the cause of action accrued.