SQE2 advocacy legal tests

SQE2 advocacy legal tests are the rules a judge applies to your application, such as American Cyanamid for an interim injunction or Bail Act 1976 Schedule 1 for bail. Know the test, its source and what you must prove. See the advocacy guide and an annotated bail application.

Civil advocacyDispute Resolution

Criminal advocacyCriminal Litigation

Rule extractsIf the task gives one, use it

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Table of common tests

This table is a revision aid. It states each test in short form. Read the source before you rely on it in a real case, and check for amendments. If the task gives you a rule extract, use the extract.

Application	Test	Authority	What to prove
Interim injunction	Serious issue to be tried; damages not an adequate remedy; balance of convenience, usually preserving the status quo. Cross-undertaking in damages is normally required.	American Cyanamid Co v Ethicon Ltd [1975] AC 396; CPR r 25.1(1)(a)	Real dispute, harm that money cannot repair, greater risk of injustice if refused
Set aside default judgment (mandatory)	Judgment was wrongly entered because the conditions for default judgment were not met.	CPR r 13.2; r 12.3	The defendant had filed in time, or had applied to strike out or for summary judgment, or the claim had been satisfied
Set aside default judgment (discretionary)	Real prospect of successfully defending the claim, or some other good reason; the court must consider whether the application was made promptly. Courts also apply the Denton approach.	CPR r 13.3	A defence that is more than fanciful, and prompt action once the judgment was known
Summary judgment	No real prospect of succeeding or defending, and no other compelling reason for a trial.	CPR r 24.3	The case is fanciful, not just weak, and nothing needs full evidence
Relief from sanctions	Three stages: seriousness and significance of the breach; why it happened; all the circumstances, giving weight to efficient litigation and compliance with rules and orders.	CPR r 3.9; Denton v TH White Ltd [2014] EWCA Civ 906	Breach not serious, good reason, and relief fair in all circumstances
Security for costs	The court must be satisfied it is just to make the order and that a listed condition applies, for example the claimant is resident outside the jurisdiction or is a company with reason to believe it will be unable to pay the defendant's costs.	CPR r 25.26 (application) and r 25.27 (conditions), in the current Part 25; older books cite r 25.12 and r 25.13	A listed condition, and evidence that an order is just
Bail (defendant)	General right to bail; no bail only if substantial grounds for believing the defendant would fail to surrender, offend on bail or interfere with witnesses, or another listed ground.	Bail Act 1976, s 4 and Sch 1, Part I	Facts that answer each exception, plus suggested conditions
Adjournment	A case management decision made in line with the overriding objective, weighing fairness to both sides, the reason, prejudice and delay.	CPR r 3.1(2)(b); Magistrates' Courts Act 1980, s 10	A good reason, supported by evidence, and a short proposed new date
Plea before venue and allocation	The defendant indicates a plea to an either-way offence. If not guilty, the court decides whether summary trial is suitable, using the allocation guideline.	Magistrates' Courts Act 1980, ss 17A to 21; Criminal Procedure Rules; Sentencing Council allocation guideline	The offence fits summary trial or sentence, or does not, on its facts
Bad character of the defendant	Admissible only through a gateway in s 101(1). Under gateways (d) and (g), on the defendant's application, the court must not admit it if it would have such an adverse effect on fairness that it ought not to be admitted (s 101(3)).	Criminal Justice Act 2003, ss 101 to 103	The gateway relied on and relevance, or unfairness for exclusion
Hearsay	Admissible if a statutory category applies, a preserved common law rule applies, all parties agree, or the court is satisfied it is in the interests of justice.	Criminal Justice Act 2003, s 114 (and ss 116 to 118)	The category, the reason the witness is not called, and reliability
Exclusion of evidence	The court may refuse to allow evidence if its admission, having regard to all the circumstances including how it was obtained, would have such an adverse effect on fairness that it ought not to be admitted.	Police and Criminal Evidence Act 1984, s 78	Unfairness in the proceedings, often from a significant and substantial breach of the PACE Codes
Sentencing and mitigation	The court must follow the relevant guideline unless contrary to the interests of justice; purposes of sentencing; credit for a guilty plea.	Sentencing Act 2020, ss 57, 59 and 73; Sentencing Council guidelines	Lower culpability or harm, previous record, remorse, personal circumstances, early plea

Where you are not sure of the detail, state the test generally and name the source. A correct general test with a correct source beats a detailed test that is wrong.

How to use a test in a submission

Say the test once, early. Break it into limbs. Then take each limb and give a fact from the papers. The judge then sees that you have met every part.

Example for relief from sanctions: 'The breach was a missed deadline of two days (stage one). The reason was a failure of the firm's diary, which I accept is not a good reason, but the delay did not affect the trial date (stage two). In all the circumstances, relief is fair, because the other side has lost nothing (stage three).' Notice that you do not hide the weak point. You deal with it.

Typical judge questions

Which limb of the test is hardest for you?
What happens to the other side if I grant this?
What evidence do you have for that?
Are you asking for something that the rules do not allow?
What are the terms of the order you want?

Prepare short answers to each of these for every test you use.

Ethics in advocacy

Do not mislead the court (SRA Code of Conduct for Solicitors, para 1.4). Only make assertions that are properly arguable (para 2.4). Draw the court's attention to relevant cases and statutory provisions you know of that are likely to have a material effect on the outcome, even if they are against you (para 2.7). Do not take unfair advantage of an unrepresented opponent (para 1.2). Ethics points in SQE2 are unflagged, so look for them in every brief.

Checklist

I can state each test in two sentences.
I can name the source for each.
I know which limb is weakest and how I will meet it.
I know what order I will ask for.

Rehearse them in timed practice before an AI judge. Related pages: dispute resolution, criminal litigation, interim injunctions and bail.

Questions

sqe2 advocacy legal tests list?

Common ones are interim injunction, setting aside default judgment, summary judgment, relief from sanctions, security for costs, bail, adjournment, allocation, bad character, hearsay, exclusion of evidence and mitigation.

What is the test for setting aside a default judgment?

Under CPR r 13.2 it is mandatory where judgment was wrongly entered. Under r 13.3 the court may set it aside if the defendant has a real prospect of successfully defending, or there is some other good reason, and it looks at promptness.

What is the test for bail in England and Wales?

There is a general right to bail under the Bail Act 1976, s 4. Bail can be refused only on a ground in Schedule 1, such as substantial grounds that the defendant would fail to surrender, commit an offence on bail or interfere with witnesses.

What is the Denton test?

Courts assess the seriousness of the breach, the reason for it, and all the circumstances, including the need for efficient litigation and compliance with rules and orders.

Sources: Civil Procedure Rules; Bail Act 1976; Criminal Justice Act 2003; Police and Criminal Evidence Act 1984; Sentencing Act 2020; Denton v TH White Ltd [2014] EWCA Civ 906; American Cyanamid Co v Ethicon Ltd [1975] UKHL 1. Checked 10 November 2026.