Amendment to the SQE1 Functioning Legal Knowledge (FLK) and SQE1 Sample Questions

Jan 31, 2024

There are provisions contained in the Retained EU Law (Revocation and Reform) Act 2023 (the Act) that came into force at the end of 2023. These include provisions relating to the revocation and assimilation of retained EU law. A helpful summary of the Act has also been published.

As a result of the provisions, the part of FLK1 covering EU Law requires amendment which is set out below.

For the avoidance of doubt, the weightings contained in Annex 4 of the SQE1 Assessment Specification remain unchanged. EU Law is not examined in SQE2.

Amendment to FLK1

Practice areaLocationChange
Constitutional and Administrative Law and EU LawThe place of EU law in the UK constitutionThe following has been removed.
  • Sources of retained EU law
  • Categories/status/interpretation of retained EU law
  • Modification/withdrawal of retained EU law
  • Parliamentary sovereignty and retained EU law.

The part of FLK1 covering EU Law will now read as follows:

The place of EU law in the UK constitution.

Effective date

This change will come into effect immediately and will apply to the July 2024 SQE1 assessment.

The timing of this change comes earlier than the usual date for implementing changes to the FLK via the FLK annual review (see further below). The departure from the usual timeline is due to the timing of the changes made by the Act coming into force, the consequent change in the impact of EU law in the UK, and the specific reference in the FLK to “retained EU law”.

The effective date of the change has been made after the completion of the January 2024 SQE1 assessments to avoid any confusion for candidates sitting those assessments. Guidance in relation to the law applicable for an SQE1 assessment can be found in the SQE1 Assessment Specification.

FLK annual review

The FLK is subject to annual review. Any changes resulting from the 2024 annual review will be published in April 2024 and will come into effect at the beginning of September 2024.

Amendment to SQE1 sample question

There have also been some recent changes to the Civil Procedure Rules (CPR). These necessitate an amendment to SQE1 Sample Question 33 (FLK1) which will be made shortly.