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Attendance Note - SQE2 - Coggle Diagram

- - - - Don't do more than 5 minutes on this because you don't have time to rewrite
- - - - Whether there is an existing breach of the covenant or whether your client is planning to breach the covenant.
      - Whether it is possible to identify the current owner of the property which benefits from the land.
      - Whether the client would buy the property with the covenant or would look to walk away or reduce the price offered.
    - - Explaining the effect of a restrictive covenant and the appropriate solution – in this case, risk of breaching the covenant, obtaining consent from the person who owns the property which benefits from the covenant, and taking out insurance.
      - Which is relevant here – e.g., if you cannot identify the owner, it will not be possible to obtain consent.
- - - - A solicitor’s professional duty based on the SRA Principles is to provide a proper standard of service to – and act in the best interests of – the client. This means that a solicitor should raise with the client whether the potential outcomes are likely to justify the expense or risk involved, including the risk of having to pay their neighbour’s legal costs should they lose.
      - Therefore, the attendance note should record that you have considered this and advised the client that to pursue the claim may well not be in their best interests for the reasons stated above.