Why Reading Case Law Matters for SQE1 Preparation

When preparing for the SQE1, especially for subjects like Property Practice, it’s not enough to simply memorise rules and procedures. Understanding how those rules are applied in real situations is essential for developing legal judgment and answering situational questions effectively. This is why reading case law is such a vital part of Solisitors Qualifuing Examination (SQE 1) preparation. It is also a great help for foreign lawyers, as it will enrich your vocabulary and legal language. Don’t forget that successfully passing the SQE1 requires strong reading speed, which can put overseas candidates at a disadvantage. Reading case transcripts is therefore also important from this perspective.

What you will read in this post

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    The author of this article is one of the candidates currently preparing with the Academy’s Ukrainian Study Group for the SQE1 in January 2026. Through this series of articles, I aim to support fellow aspiring solicitors by outlining the most important legal cases and drawing comparisons with my home jurisdiction.

    There are times when I need to understand, for example, how to protect a seller in a failed property transaction, or what happens when an agent acts beyond their authority. For these types of questions, landmark cases such as Johnson v Agnew [1980] and Raineri v Miles [1981] offer clear, practical guidance.

    Johnson v Agnew [1980]: Protecting the Seller’s Position

    This House of Lords case is a leading authority on contractual remedies, particularly in the context of property transactions. It explains what options are available to a seller when a buyer fails to complete a contract for the sale of land.

    Key points: Johnson v Agnew

    Specific performance: This equitable remedy may be granted when monetary compensation is not enough, for example, in the sale of unique property.

    Rescission: The contract can be terminated only where there has been a fundamental breach, and the seller must act promptly to rescind.

    Damages: These are typically calculated using the market rule – the difference between the agreed contract price and the market value at the time of the breach.

    Courts will also consider foreseeability, causation, and whether the seller took steps to mitigate their losses.

    This case helps SQE candidates understand that contract law – especially in property is not just about fixed rules. Courts apply principles of fairness and commercial reasonableness, balancing the parties’ interests in a way that reflects the real-world impact of a breach.

    Raineri v Miles [1981]: Authority and Risk in Agency Relationships

    In Raineri v Miles, the House of Lords dealt with the question of agency – an important issue in property law where many actions are taken by solicitors or other representatives.

    Key principles from the case: Raineri v Miles

    • Authority: An agent must act within the limits of their actual or apparent authority. If they exceed it, their actions may not bind the principal.

    • Liability: A contract signed by someone without proper authority may be unenforceable, even if the third party acted in good faith.

    • Third-party protection: The case shows how important it is to clearly communicate and verify authority to avoid legal uncertainty.

    For SQE candidates, this case highlights the practical risks in property transactions, especially when relying on others to act on a client’s behalf. It reinforces the need for due diligence and proper procedure to ensure that agreements are legally valid.

    A Real Shift in Perspective: From Civil Law to Common Law

    As someone who studied law in a civil law system, I was used to focusing primarily on legislation. Judicial decisions were useful, but not central. However, through preparing for the SQE in England and Wales, I’ve come to realise that case law is fundamental, it’s where the law comes alive, where theory meets real outcomes, and where practical understanding is developed.

    Final Takeaway: How These Cases Help SQE Candidates

    Reading cases like Johnson v Agnew and Raineri v Miles is not about memorising dates or names. It’s about learning how legal principles work in context. When revising, focus on:

    • In Johnson v Agnew: the use of equitable remedies, the role of timing in rescission, and the logic behind how damages are assessed.

    • In Raineri v Miles: the risks of unauthorised actions in agency law, and the importance of confirming legal authority in every transaction.The key message is this: success in the SQE1 requires more than knowledge, it requires insight. And insight comes from seeing how the law is applied by real courts in real disputes.

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