SQE1 FLK1: Complete Guide to Functioning Legal Knowledge 1

Go SQE1 Team24 February 202610 min read

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Introduction

FLK1 is the first of two Functioning Legal Knowledge assessments that make up SQE1. It consists of 180 single best answer multiple-choice questions sat over approximately five hours and twenty minutes, split into two sessions with a break.

FLK1 covers six subject areas that span core areas of civil and public law, along with business law. For many candidates, FLK1 is the first SQE assessment they sit, and performing well here builds confidence for FLK2 the following day.

This guide covers each of the six FLK1 subject areas in detail, explaining what is tested, how to approach your study, and where to focus your efforts.

The Six FLK1 Subject Areas

1. Business Law and Practice

Business Law and Practice is one of the broadest and most heavily tested areas in FLK1. It covers the law and practice relating to business organisations, with a particular focus on companies.

Key topics include:

Company formation and constitution: The process of incorporating a company, the memorandum and articles of association, the Model Articles, and the legal effects of incorporation
Directors' duties: The seven statutory duties under sections 171 to 177 of the Companies Act 2006, including the duty to promote the success of the company, the duty to exercise independent judgment, and the duty to avoid conflicts of interest
Shareholders' rights and remedies: Ordinary and special resolutions, the unfair prejudice petition under section 994, derivative claims, and the just and equitable winding-up petition
Corporate finance: Share capital, dividends, loan capital, charges, and the rules on financial assistance
Partnerships: The Partnership Act 1890, the Limited Partnerships Act 1907, and the Limited Liability Partnerships Act 2000
Insolvency: Company voluntary arrangements, administration, liquidation (compulsory and voluntary), and wrongful and fraudulent trading
Business transactions: Sale and purchase of shares and assets, due diligence, and warranties

Study approach: Business Law and Practice requires you to be comfortable with the Companies Act 2006 and the Insolvency Act 1986. Focus on the practical application of directors' duties and shareholder remedies, as these are commonly tested through scenario-based questions. Understand the differences between share sales and asset sales, and be able to advise on the appropriate structure for a business transaction.

2. Dispute Resolution

Dispute Resolution covers civil litigation procedure in England and Wales, from pre-action conduct through to enforcement of judgments and appeals.

Key topics include:

The overriding objective: The duty of the court and the parties to deal with cases justly and at proportionate cost under CPR Part 1
Pre-action protocols: The requirement to exchange information and attempt settlement before issuing proceedings
Issuing and serving proceedings: Claim forms, particulars of claim, service rules, and time limits
Case management and allocation: The small claims track, fast track, intermediate track, and multi-track
Interim applications: Summary judgment, interim injunctions, disclosure, and unless orders
Trial procedure: Witness evidence, expert evidence, burden and standard of proof
Costs: The general rule that costs follow the event, qualified one-way costs shifting, and Part 36 offers
Appeals: Routes of appeal, permission to appeal, and grounds of appeal
Alternative dispute resolution: Mediation, arbitration, and the court's encouragement of ADR
Enforcement: Methods of enforcement including writs of control, third-party debt orders, charging orders, and attachment of earnings

Study approach: Dispute Resolution is procedural and detail-heavy. You need to know the Civil Procedure Rules (CPR) well enough to identify which rule applies to a given scenario. Focus on time limits (for issuing claims, serving proceedings, filing defences, and bringing appeals), the allocation criteria for each track, and the rules on costs and offers to settle. Practise with scenario-based questions that ask you to advise a client on the next procedural step.

3. Contract Law

Contract Law is a foundational subject that underpins many of the other areas tested in SQE1. The questions tend to test the application of established principles to factual scenarios.

Key topics include:

Formation: Offer, acceptance, consideration, intention to create legal relations, and capacity
Terms: Express terms, implied terms (by statute, custom, and the courts), conditions, warranties, and innominate terms
Exemption clauses: Incorporation, construction, and the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015
Vitiating factors: Misrepresentation (innocent, negligent, and fraudulent), mistake, duress, undue influence, and illegality
Discharge: Performance, breach (repudiatory and anticipatory), frustration, and agreement
Remedies: Damages (expectation interest, reliance interest, and restitution interest), specific performance, injunctions, and the duty to mitigate

Study approach: Contract law questions often present a factual scenario and ask you to identify the correct legal outcome. The key is understanding the elements of each doctrine and applying them carefully to the facts. Pay particular attention to the rules on formation (especially where there are problems with acceptance or consideration), the difference between conditions and warranties and the consequences of each, and the calculation of damages. Practise reading scenarios carefully — the correct answer often depends on a single factual detail.

4. Tort Law

Tort Law focuses primarily on the law of negligence, but also covers other torts that arise in practice.

Key topics include:

Negligence: Duty of care (the Caparo test from Caparo Industries v Dickman [1990]), breach of duty (the standard of the reasonable person), causation (factual and legal), remoteness of damage (The Wagon Mound [1961]), and defences (contributory negligence, volenti non fit injuria, illegality)
Occupiers' liability: The Occupiers' Liability Act 1957 (duty to visitors) and the Occupiers' Liability Act 1984 (duty to trespassers)
Nuisance: Private nuisance (unreasonable interference with the use and enjoyment of land) and public nuisance
The rule in Rylands v Fletcher: Strict liability for the escape of dangerous things from land
Vicarious liability: When an employer is liable for the torts of employees committed in the course of employment
Defamation: The Defamation Act 2013, the requirement for serious harm, and available defences
Remedies in tort: Damages (general and special), injunctions, and the relationship between damages and contributory negligence

Study approach: Negligence dominates tort law questions. You must be able to apply the three-stage Caparo test for duty of care, assess breach using the reasonable person standard, and work through causation and remoteness methodically. Practise applying the "but for" test for factual causation and the foreseeability test for remoteness. Be comfortable with the defences, particularly contributory negligence under the Law Reform (Contributory Negligence) Act 1945 and consent. For occupiers' liability, know the key differences between the 1957 and 1984 Acts.

5. The Legal System of England and Wales

This subject covers the structure and operation of the legal system, including courts, sources of law, and the legal profession.

Key topics include:

Court structure: The hierarchy of courts from the Supreme Court down to the magistrates' courts and tribunals
Sources of law: Primary and secondary legislation, common law, equity, the doctrine of precedent (stare decisis), and the relationship between Parliament and the courts
Statutory interpretation: The literal rule, the golden rule, the mischief rule, and the purposive approach
The rule of law: Constitutional principles underpinning the English legal system
The legal profession: The roles and regulation of solicitors and barristers, the SRA, and the BSB
Legal aid and funding: The availability of public funding for legal services and conditional fee arrangements

Study approach: The Legal System is less heavily weighted than subjects like contract or tort, but it is pervasive — knowledge of court structure and the doctrine of precedent is relevant to many other subjects. Focus on understanding the hierarchy of courts and the binding effect of decisions at different levels. Be able to identify which court hears which type of case, and understand the rules of statutory interpretation well enough to apply them to unfamiliar provisions.

6. Constitutional and Administrative Law and EU Retained Law

This subject covers the constitutional framework of the United Kingdom and the principles of administrative law, including the impact of retained EU law following Brexit.

Key topics include:

Constitutional principles: The sovereignty of Parliament, the separation of powers, the rule of law, and constitutional conventions
Human rights: The Human Rights Act 1998, the European Convention on Human Rights, key Convention rights (Articles 2, 3, 5, 6, 8, 10, 11, 14), and the obligation on public authorities to act compatibly with Convention rights
Judicial review: Standing, grounds of review (illegality, irrationality, procedural impropriety), remedies (quashing orders, mandatory orders, prohibiting orders, declarations, injunctions), and the requirement for permission
Retained EU law: The European Union (Withdrawal) Act 2018, the status of retained EU law in the domestic legal system, and the Retained EU Law (Revocation and Reform) Act 2023
Devolution: The legislative competence of the devolved legislatures in Scotland, Wales, and Northern Ireland
Public bodies: The distinction between public and private bodies for the purposes of judicial review and human rights claims

Study approach: Constitutional and administrative law questions often test your understanding of judicial review. Be able to identify the grounds of review in a given scenario and advise on the appropriate remedy. Understand the relationship between the Human Rights Act 1998 and domestic legislation, including the court's power to make declarations of incompatibility under section 4. For retained EU law, focus on the current status of retained EU law and how it interacts with domestic legislation.

How to Prepare for FLK1

Build a Subject-by-Subject Study Plan

Allocate your study time across all six subjects. Do not spend all your time on the subjects you find interesting — your overall score depends on performing adequately across the board. A suggested allocation might weight more time towards Business Law and Practice, Contract, and Tort (as broader subjects), while still ensuring sufficient coverage of Dispute Resolution, the Legal System, and Constitutional Law.

Practise, Practise, Practise

There is no substitute for question practice. Research confirms that practice testing is the most effective study method. Complete hundreds of practice questions for each subject area. Track your scores, identify weak topics, and focus your revision accordingly.

Understand the Question Format

FLK1 uses single best answer questions with five options. This means there may be multiple options that contain an element of truth, but only one is the best answer to the specific question asked. Practise reading questions carefully, identifying exactly what is being asked, and selecting the most precise answer.

Manage Your Time

With 180 questions in approximately five hours and twenty minutes, you have roughly 1 minute and 47 seconds per question. Practise under timed conditions to develop the pace you need. Flag difficult questions and return to them after completing the rest of the paper.

Start Preparing for FLK1

FLK1 is the first hurdle on your journey to qualifying as a solicitor. With thorough preparation, consistent practice, and a disciplined approach, you can pass with confidence.