SQE1 sample questions

Question 8

In March 2023, a claimant brought a claim against his plumber for a breach of contract alleged to have taken place in June 2017. The plumber operated as a sole trader.

In August 2023, the plumber died. The plumber’s assets are being dealt with by her personal representatives.

In October 2023, the claimant applied to substitute the plumber’s personal representatives for the deceased plumber in the claim, so that the claim could continue.

What powers does the court have to make a substitution for the plumber as a deceased party in the claim?

A. The court can order a new party to be substituted because the relevant limitation period was current when the claimant applied for the substitution.

B. The court cannot order a new party to be substituted because the relevant limitation period has expired.

C. The court can order a new party to be substituted because the relevant limitation period was current when the proceedings were started.

D. The court can order a new party to be substituted because the relevant limitation period was current when the plumber died.

E. The court cannot order a new party to be substituted because liability remains with the plumber’s business.