Updated SQE Assessment Specifications published following FLK review

Apr 30, 2024

Summary

We have completed the annual review of the Functioning Legal Knowledge (the FLK) for SQE1 and SQE2. Following this, we have now published updated versions in the SQE1 and SQE2 Assessment Specifications.

Most of these changes are minor.

Updated FLK

The updated FLK will apply to SQE assessments that take place after 1 September 2024. Therefore, the first time it will apply will be the SQE2 assessment in October 2024.

The updated specifications are:

Current FLK

The current FLK will continue to apply for all assessments taking place before September 2024, namely April 2024 SQE2, July 2024 SQE1 and July 2024 SQE2. This can be found in the Assessment Specifications as follows:

Aims of the FLK annual review

The aims were to:

  • update the FLK to reflect changes in the law and practice and make any other essential changes
  • offer clarification in the light of feedback from stakeholders where necessary.

Information on the process was published in January 2024.

What has changed

Almost all the changes to the FLK are made by way of clarification or to reflect changes to law and practice. After careful consideration, two changes have been made to the area of Dispute Resolution by removing two elements of the FLK that could be considered beyond the level expected of a newly qualified solicitor of England and Wales without reference to books and notes. The changes are set out below.

SQE1 FLK1 changes

Practice areaLocation Change Reason for change
Business law and practiceCorporation tax

The following words have been removed from: tax treatment of company distributions or deemed distributions to shareholders:

or deemed distributions

Company distributions are referred to on the FLK separately. Deemed distributions are not and so tax treatment relating to deemed distributions has been removed.
Dispute ResolutionJurisdiction

The following has been removed:

mechanisms to determine jurisdiction over an international contractual or tortious claim

Could be considered beyond the level expected of a newly qualified solicitor of England and Wales without reference to books and notes.
Dispute ResolutionCase management

The word shown in bold has been added:

case management directions for cases proceedings on the fast, intermediate or multi-track

Intermediate track introduced in October 2023.
Dispute ResolutionEnforcement of money judgments

The following has been removed:

procedure and mechanisms for effecting valid enforcement in another jurisdiction

Could be considered beyond the level expected of a newly qualified solicitor of England and Wales without reference to books and notes.
Contract Law  No changes 
TortDefences

The following has been removed:

necessity

Trespass torts are not included in the FLK so the defence of necessity has been removed.
TortDefences

Rename: consent

with:
volenti non fit injuria

To provide clarity to candidates.
Legal System of England and Wales and Sources of Law No changes.
Please note the change made to EU Law in January 2024.
 
Legal Services Funding options for legal services

Rename: conditional fee arrangements

with:
conditional fee agreements

The industry term and the term provided by the originating legislation.

SQE1 FLK2 changes

Practice areaLocation Change Reason for change
Property PracticeCore knowledge areas of leasehold real estate law and practice

The words shown in bold have been added:

options for the term of a lease, including break clauses

To provide clarity to candidates.
Property PracticeCore principles of planning law in England and Wales

The words shown in bold have been added:

Matters that do and do not constitute “Development”

To provide clarity to candidates.
Property PracticeCore principles of planning law in England and Wales

Rename: Building regulation control

with:
Building regulations control

To be consistent with the originating legislation.
Property PracticeTaxation – property Capital Gains Tax

Replace: principal private dwelling-house exemption

with:
Private Residence Relief

To reflect HMRC’s change to the naming of this relief.
Wills and Intestacy No changes 
Solicitors Accounts No changes 
Land Law No changes 
Core principles of trusts law No changes 
Core principles of criminal liability No changes 
Advising clients, procedure and processes at the police station and involved in criminal litigation No changes 

SQE2 FLK

The same changes made to the SQE1 FLK, referred to above, have also been made to the SQE2 FLK (where applicable).

Sample questions

We have sample questions available for SQE1 and SQE2.

Learn more: FLK Annual Review