QLTT Candidate Handbook

Qualified Lawyers Transfer Test

1 QLTT Candidate Handbook ©The College of Law 2011

Delegate Handbook

Contents

Page Introduction 2 About the Test - The Four Heads - Syllabus and Regulations - Certificate of Eligibility - Reading List - Special Needs - English Proficiency

3

Preparation for the Test - Distance Learning - Face‐to‐face Tuition - Revision Sessions

7

General Instructions to Candidates - Procedure in Test Venue - Applications for Concessions - Requests for Special Facilities - Notification of Results - Feedback - Queries on your Results and the Appeal Procedure

11

Frequently‐Asked Questions - General Test Information - Certificate of Eligibility - Tuition - Enrolling - Concession Applications - Test Results

19

QLTT Assessment Regulations 23



1. Introduction

With the increasing globalisation of legal firms, today’s lawyers often find that being qualified across several jurisdictions enhances both their own practice and their international marketability. Many barristers also derive greater benefits from being dual‐qualified.

The Qualified Lawyers Transfer Test (the QLTT, or simply “the Test”) enables eligible overseas lawyers, Scottish solicitors and UK barristers to practise as solicitors in England and Wales. Following admission by the Solicitors Regulation Authority (the independent regulatory body of the Law Society of England and Wales), a solicitor qualified through the QLTT has the same right to practise as any other solicitor in England and Wales.

The Test covers four subject areas, known as Heads. These Heads, and the ways in which each is assessed, areas follows:

Head I Property : a three‐hour written examination* Head II Litigation (Civil or Criminal) : a three‐hour written examination* Head III Professional Conduct and Accounts : a three‐hour written examination Head IV Principles of Common Law : an oral examination At The College of Law, we offer a range of different ways to prepare for the Test, including face‐to‐face tuition sessions and revision sessions. You can also choose to study at your own pace at home with our distance learning materials.

We deliver the QLTT in London, Mumbai, Sydney and Hong Kong. There are currently six sittings a year in London, and two a year in Mumbai, Sydney and Hong Kong. There is also one sitting a year in Delhi. See Section 5, Frequently‐Asked Questions for more details.

*The Head I and Head II exams also include an additional 30 minutes at the beginning to allow candidates to read advance documentation.



2. About the Test 2.1 THE FOUR HEADS

The Test covers four heads (subject areas): 2.1.1 Property (Head I)

The Property Test is three hours long, and you may take any book, document or other written material into the Test (ie the examination). The question paper covers two related subjects : Conveyancing, and Wills, Probate and Administration. The pass mark is 50%.

The Property Test requires you to comment on, or extract information from, documents given to you at the Test sitting. Candidates are given an additional 30 minutes at the start of the Test to read these documents.

Broad Topic Areas will also be made available to candidates approximately 10 days prior to the Test.

2.1.2 Litigation (Head II)

If you are required to sit the Litigation Head, the Solicitors Regulation Authority will require you to sit either a Civil Litigation or a Criminal Litigation examination. The Civil Litigation test is held at each sitting, but the Criminal Litigation test is held only twice a year, in April and October. The Litigation Test (whether Civil or Criminal) is three hours long, and you may take any book, document or other written material into the Test. The Test requires you to comment on, or extract information from, documents given to you at the Test sitting. Candidates will be given an additional 30 minutes at the start of the Test to read these documents. The Test (whether Civil or Criminal Litigation) tests both evidence and procedure. No fewer than 15% of marks for the Criminal part are attributable to evidence issues. The pass mark for both Civil and Criminal Litigation is 50%.

In April and October, when both Civil and Criminal Litigation are being examined, the question paper is divided into two parts: Civil Litigation and Criminal Litigation.

At these sittings, you must answer one part of the question paper only (i.e. either Criminal Litigation or Civil Litigation).

Broad Topic Areas will be made available to candidates approximately 10 days prior to the Test.



2.1.3 Professional Conduct & Accounts (Head III)

The Professional Conduct & Accounts Test is three hours long, and you may take any book, document or other written material into the Test. You may also take in a calculator provided that it is silent and non‐programmable.

The question paper in Head III is divided into two parts:

(a) Accounts (40%) (b) Professional Conduct, Financial Services and Money Laundering (60%)

Financial Services carries at least 15% of the marks. To pass Head III, you must obtain at least 50% of the marks available in BOTH parts of the paper(ie you must pass both Accounts and Professional Conduct).

2.1.4 Principles of Common Law – The Oral Head (Head IV)

The Oral Head is designed to test both knowledge and understanding of the principles of Common Law and competence in the English language. In the Oral Head, you will be asked questions about the English Legal System and the principal statutes and substantive law of Contract and Tort(for more details, see the General Instructions to Candidates in Section 4 of this Handbook).

You are questioned by a panel of assessors, and your assessment is recorded on a DVD in case it is necessary to review your performance later.

Part of the questioning which you will receive in Head IV will be on the Advance Topic; this will require you to prepare one part of the syllabus in more detail. You will be notified of the Advance Topic approximately two weeks before the Test.

Immediately before the start of the Test, you are given a document containing a law report, an extract from a law report or some statutory provision relating to the Advance Topic. You are given 30 minutes to study the document and make notes on paper provided by the College, and may use any book, document or other written material you have as reference. You must not communicate with anyone during this time. You may only bring into the Test the notes you have made during the reading time and the material provided to you by the College at the start of the reading time.

You are asked questions on both the Advance Topic and the document during the Test. The questions are designed to show that you can study and assimilate an area of common law and deal with any problems in that area of the law. Note that you will also be asked questions on the other parts of the syllabus as well as the part into which the Advance Topic falls(eg if the Advance Topic is in Contract, you will also be asked questions on the law of Tort and the English Legal System): see the General Instructions to Candidates as noted above.



2.1.5 More information about the written heads

The QLTT is a test of aptitude rather than memory, and so for the three written heads (I, II and III) you are (as noted above) allowed to take into the examination room any book, document or other written material. You will be examined on the law as it is in force on the day of the Test, so you will need to ensure that your knowledge and study materials are up‐to‐date. You are not required to draft letters, statements of case or other documents in any of the Heads.

2.1.6 Determining which Heads to sit

In order to establish how many of the Heads of the QLTT you must sit, you will need to have from the Solicitors Regulation Authority a Certificate of Eligibility (see 2.1.3 below for more information). Depending on your primary professional qualification and your jurisdiction, the Solicitors Regulation Authority determines the QLTT Head(s) that you must successfully complete.

NB IMPORTANT: In 2010, the Solicitors Regulation Authority introduced the Qualified Lawyers Transfer Scheme (QLTS), which will gradually replace the QLTT. If you do not currently have a Certificate of Eligibility, you will need to apply for a certificate of eligibility for the QLTS; no new Certificates of Eligibility to sit the QLTT are now issued.

2.2 SYLLABUS AND REGULATIONS

The College of Law strictly adheres to the QLTT syllabus and QLTT Assessment Regulations. These are accessible from our website at www.college‐of‐law.co.uk; the QLTT Assessment Regulations can also be found at the end of this handbook.

2.3 CERTIFICATE OF ELIGIBILITY

Before sitting the Test, you must have a Certificate of Eligibility to sit the QLTT from the Solicitors Regulation Authority. This will confirm which Heads of the Test you must pass, and any requirement for further training. We require a copy of your Certificate when making an application for a Test sitting. However, you do not need to hold a Certificate of Eligibility to enrol for tuition or revision courses. If you need to get in touch with the Solicitors Regulation Authority about your QLTT Certificate of Eligibility, please contact Information Services, The Solicitors Regulation Authority, Ipsley Court, Redditch, Worcestershire B98 0TD, UK Tel: +44 (0)20 7242 1222 Fax: +44 (0)20 7320 5964 E‐mail: [email protected] or visit: www.sra.org.uk or www.lawsociety.org.uk Please note that, as indicated above, no new Certificates of Eligibility for the QLTT are



now issued. All new applicants will need to apply for a certificate to sit the QLTS. For more information about this, please visit the Solicitors Regulation Authority’s website at www.sra.org.uk or the Law Society’s website at www.lawsociety.org.uk

2.4 READING LIST We include a reading list for each Head on our website at www.college‐of‐law.co.uk For Head III, a copy of the Solicitors Regulation Authority’s latest edition of the ‘Solicitors’ Code of Conduct’ should be taken into the Test. The Code is available free on their website at rules.sra.org.uk, or is available to purchase as a book from the Law Society’s bookshop. For further information, please go to www.lawsociety.org.uk

2.5 SPECIAL NEEDS

If you require specific Test arrangements, please enclose full details of your needs with your booking form, together with supporting medical or other evidence. We will contact you to discuss what facilities can be arranged for you. See the “Requests for Special Facilities” section in the General Instructions to Candidates (Section 4 below) for more information

2.6 PROFICIENCY IN ENGLISH

To pass the Test, you will need to satisfy the examiners that your knowledge of English is at the standard needed to practise as a solicitor in England and Wales.



3. Preparation for the Test At The College of Law, we offer a range of different ways to prepare for the Test, including face‐to‐face tuition sessions and revision sessions (sessions are mostly held at the weekend, and are held in London only). You can also choose to study at your own pace at home with our distance learning materials. 3.1 DISTANCE LEARNING

The Distance Learning study packs contain: • specific study manuals designed by experienced College of Law tutors. These

manuals highlight the most important topics and give you a structured framework to your study. They also contain advice on study and Test techniques

• ‘test your knowledge’ questions to aid progress • assignments marked by an expert in the subject and returned with comments. We

suggest that you attempt the assignment under examination conditions (i.e. within the time allowed and in a quiet environment on your own.) If you then return your answers to us, we will have them marked and return them to you with the marker’s comments and points to note which will give you an indication of your progress with your studies. Submission of the assignment is not compulsory and forms no part of the Examination itself.

• specimen Test papers • answers to specific subject academic queries.

Specimen assignments are not provided for the Oral Test. However, the study pack contains guidance on how to prepare for the Test.

3.2 FACE‐TO‐FACE TUITION

We offer tuition courses, designed and based on the distance learning materials, which reinforce key syllabus topics. The tuition not only adds to your overall learning, but also to the study process. If you enrol on a tuition course, you will also be supplied with a study manual. The tuition sessions build on the content of the manuals and are therefore recommended. The standard tuition courses are held in London and run over two consecutive Saturdays (see 3.2.5 below for details of our Head III Fast‐Track tuition courses). The dates for all tuition sessions can be viewed on our website at www.college‐of‐law.co.uk Please see below for more information on the tuition courses for each Head: 3.2.1 Head I – Tuition Session : Conveyancing/Probate and Trusts

On the one‐day tuition session, the day is split up into 4 x 1.5 hour blocks. The course covers basic land law, trusts and leases. Delegates receive a booklet with some exercises to work through. The tutor gives an overview and key points and also covers areas that delegates often have difficulty with. During



the second half of the day, the tutor covers registered and unregistered land and then runs through the conveyancing procedure.

The Probate and Trusts part of the session primarily takes the form of the tutor lecturing to delegates, but also includes about five exercises for the delegates to work on at various points throughout the day, the answers to which are discussed in plenary. As far as possible, the course takes the delegates through the main areas on the syllabus e.g. Trusts, Intestacy, Inheritance Tax (delegates get to work on several calculations), Capital Gains Tax, Inheritance (Provision for Family and Dependents) Act 1975, Wills, obtaining a grant of probate and administering an estate.

3.2.2 Head II ‐ Tuition session : Litigation

The six‐hour tuition session is based upon two case studies (one fast‐track, the other multi‐track) and takes delegates through the five stages of the litigation process. Delegates undertake a number of relevant exercises, and receive feedback on them.

3.2.3 Head III – Tuition session : Professional Conduct & Accounts

The days are very full, and the tutors like to get through as much as possible on each day to fully equip delegates for the Test. In the Professional Conduct and Accounts revision session, the tutor fully covers the FSMA element of the paper during the Conduct section. The section covering Accounts is also intensive, and delegates are encouraged to read the manual before hand to get the most from the session.

3.2.4 Head IV ‐ Tuition Session : Tort, Contract and the English Legal System

The tuition session is a full‐day course. The tutor lectures on the main areas of the tort and contract syllabus but this is interspersed with activities where delegates are given the opportunity to consider various relevant scenarios. These scenarios are then discussed in plenary sessions. Delegates receive full handouts covering these presentations. The course also explores the likely subject‐matter and phrasing of the exam questions, as well as good exam technique. Additionally, it affords delegates the opportunity to ask the tutor questions about what to expect from the exam to ensure that they are fully prepared.

3.2.5 Fast‐Track Tuition

For Head III, we also offer an intensive Fast‐Track session; this is held over three days and is made up of 12 hours of tuition. You can obtain more information from the QLTT Bookings team (see 3.2.6 below).



3.2.6 Booking onto a Tuition Course

To book either standard or fast‐track tuition, please download a booking form from our web‐site and send it to the QLTT Bookings team. Alternatively, please call or e‐mail the QLTT Bookings team on 01483 216216 / [email protected]) and a hard copy of the booking form will be sent to you.

3.3 REVISION SESSIONS

We also offer revision sessions during the build‐up to the Test. The revision sessions will help you refine your examination technique and perform to the best of your ability. Our revision sessions are open to everyone; you do not have to attend a programme of tuition to take part in a revision session. Dates for revision sessions can be viewed on our website at www.college‐of‐law.co.uk Please see below for more information on the revision sessions for each Head: 3.3.1 Head I –Revision session : Conveyancing/Probate and Trusts

This covers: introduction to the exam, technique, main topics, how to organise your file, how to approach the reading time, work through some sample questions.

The conveyancing part of the revision session is made as practical as possible. Delegates are given a written case structure to follow for each type of question and then spend a good deal of the session going through the paper, identifying the issues they need to advise on, explaining why it's a problem or potential problem for the client in the case by reference to the client's specific facts and then advising on available options. The tutor can then identify specific areas where further tuition is needed and advise on how to correctly assess the paper in preparation for the actual Test.

The Probate and Trusts part of revision session is highly interactive, in that delegates are given the opportunity to work through one long and one short probate question. The answers are discussed fully in plenary. Delegates receive copies of all slides used by the tutors and these give detailed answers to the questions. Delegates also receive a second set of handouts which provide revision notes on the main areas of the subject.

3.3.2 Head II – Revision session : Litigation

The session is based upon two case studies (one fast‐track, the other multi‐track) and takes delegates through the five stages of the litigation process. The session highlights particularly Test‐relevant issues and looks at how they might come up and how they would have to be dealt with in the Test. All issues are put into the context of a case study and the session illustrates how issues delegates will have covered during their study will arise during the litigation process.



During the session, delegates get to look at various documents which are central to litigation, and go through significant drafting points of which they need to be aware.

3.3.3 Head III: Revision session : Professional Conduct & Accounts

The revision course includes two‐hour revision classes for each part of the paper. The tutor aims to fully prepare delegates for the Test and will advise on areas which are likely to arise in the Test.

3.3.4 Head IV – Revision Session : Tort, Contract and the English Legal System

The revision session is a four‐hour course that covers exam technique and the main topics of the syllabus. It is practical, interactive and specifically aimed at preparing candidates to pass the oral exam. Delegates receive two handouts containing advice on exam technique, knowledge‐based questions, scenarios and specimen extracts and questions which they work through during the course. There are tutor‐led plenary discussions of these questions and scenarios. Delegates are given a further handout containing points to note in tort law. There is plenty of opportunity for delegates to ask the tutor any questions that will help them prepare for and pass the oral exam.

3.3.5 Booking onto a Revision Course

To book, please download a booking form from our web‐site and send it to the QLTT Bookings team. Alternatively, please call or e‐mail the QLTT Bookings team (01483 216216/ [email protected] ) and a hard copy of the booking form will be sent to you.



4. General Instructions to Candidates 4.1 PROCEDURE IN THE TEST VENUE

4.1.1 Proof of Identity

Candidates are required to bring photographic proof of identity (e.g. passport or driving licence) with them to the Test. This ID will be checked during the examination by an invigilator.

4.1.2 Procedure for Heads I (Property), II (Litigation), and III (Professional Conduct and Accounts) ‐ “the Written Heads”

(a) You may be required, before entering the Test Hall (ie the examination room), to deposit outdoor clothing/other materials not specifically listed in (b) below in the cloakroom or other area set aside for the purpose. Articles are left at your own risk, and no responsibility or liability is accepted by the College for loss.

(b) (i) You may bring into the Test Hall for use during the Written Head(s) copies of any relevant book, document or other written material. It is your responsibility to provide at the commencement of the examination writing materials (pens etc) and any book, document or other written material you intend to use during the examination. At the end of the examination, you may take away with you only those materials which you have brought in. The question paper, the book in which you have written your answer (the answer book) and the advance reading booklet (for Head I and Head II) must be left on the desk for collection by an invigilator.

(ii) You must not obstruct the gangways or inconvenience other candidates

in any way with the books, documents or other written materials which you have brought into the Test Hall. You may not leave your desk for the purpose of referring to such books, documents or other written material. You should be aware that space for each individual in the hall is limited, and you will normally be assigned one examination desk only.

(iii) You may not borrow any book, document or other written material from any other candidate during the course of the examination.

(iv) These provisions do not restrict the right of the College itself to issue other books, documents or material to candidates in the Test Hall.

(v) Only answers written in the answer book itself or on the supplementary pages supplied by the College/the College’s invigilators will be marked.

(vi) Mobile telephones and other electronic devices must be switched off on

entry to the Test Hall. If you fail to turn off your telephone or other



device, and, in the view of the invigilator, disturb other candidates during the examination, you will be asked to leave the Test Hall and will not be readmitted.

(c) You may enter the Test Hall up to 30 minutes after the start of a Written Head, but no compensatory time will be given at the close of the examination in that Head. After 30 minutes from the start of the examination, you cannot enter the Test Hall except with the express authorisation of the Chief Invigilator.

(d) In Head I & Head II : You will not be allowed to leave the Test Hall before 90 minutes have passed from the start of the examination. In Head III : you will not be allowed to leave the Test Hall before 60 minutes have passed from the start of the examination.

(e) If you finish and wish to leave before the close of an examination, you must

leave the completed answer book and question paper on your desk before leaving the Test Hall. If you leave in such circumstances, you may not subsequently return during the remainder of that examination. You may not leave during the last ten minutes of an examination.

(f) If you wish to leave the Test Hall temporarily during an examination, you

must obtain the prior permission of an Invigilator; if you leave without permission, you will not be allowed to return. No compensatory time will be given at the close of that examination.

(g) You will be known only by your candidate number (which is the same as your

delegate number) throughout the marking of the Test, and so you should not give any other indication of your identity on or inside your answer book(s). You must sit at the desk bearing your number.

During the course of the Test, it is your responsibility to:

(i) enter your correct candidate number on the front of your answer book(s)

(ii) complete the desk documentation accompanying the answer book(s) and follow any instructions on the question paper

(iii) securely attach any additional sheet(s) of paper supplied by the College/College invigilators to the answer book(s) with the treasury tags provided.

(h) The answers are to be written only in the answer book(s) provided and/or on additional paper supplied you by the invigilators in the Test Hall. Answers should be written in ink, concisely and clearly. It is your responsibility to write answers legibly, and you may lose marks because of illegible handwriting. In



extreme cases, a transcript may be called for at your expense.

(i) Pencils should only be used as a last resort (but NB : see exception below*). If you have written your answer(s) in pencil, you must draw this to the attention of the invigilator when the question paper and answer book(s) are collected at the end of the Head.

*NB The Head III: (Professional Conduct & Accounts) exam contains multiple‐choice questions, and candidates are expected to supply their own HB pencil and eraser to deal with answering these questions.

(j) Smoking is not permitted in any Test Hall.

(k) Calculators may only be used during Head III: (Professional Conduct and

Accounts). If a calculator is used, it must be silent (i.e. it must not bleep or make any other sound) and non‐programmable. Candidates are expected to provide their own calculators for this exam. Mobile telephones MAY NOT be used as calculators.

(l) You may be disqualified from the Test if you:

(i) open the Test documentation before the start of the Head has been

announced;

(ii) communicate with or receive assistance from another candidate;

(iii) copy from the answer book or additional paper of another candidate;

(iv) remove a test paper, answer book or additional paper from the Test Hall.

(m) You are advised to plan your time when answering questions according to the allocation of marks. Answers given should be to questions asked.

4.1.3 Procedure for Head IV (Principles of Common Law) – “the Oral Head”

(a) In the Head IV examination, you will be questioned individually by at least two assessors, and the assessment will be recorded on a DVD in case it is necessary to review your performance later.

(b) Your understanding of the principles of common law will be tested by

the assessors asking you questions about different areas covered by the syllabus. This part of the Head IV examination is essentially a test of knowledge.

(c) In addition, you will be required to prepare one part of the syllabus (the “Advance Topic”) in more detail. Notification of what the Advance Topic is will be sent to you before the examination. You will be asked questions on



the Advance Topic during the examination. These questions will be designed to ensure that you are able to study and assimilate an area of common law and to deal with problems arising out of that area of law.

(d) On the day of the examination, you will be required to arrive at a specified time. The College will send you an appointment letter indicating the correct arrival time and the venue of your appointment.

(e) 15 minutes after the arrival time indicated in the appointment letter, you will

be given a law report (or an extract from a law report) or some statutory provisions to study. This printed material (“the Extracted Documents”) will relate to the Advance Topic. You will be allowed a preparatory period of 30 minutes in which to study the Extracted Documents under supervision by an invigilator. During the preparatory period, you may make notes only on paper provided by the College. These notes, together with the Extracted Documents, may be taken into the examination room. The College strongly recommends that the notes you make should be brief. Constant reference to lengthy notes may prevent you from demonstrating your understanding of the principles of common law.

(f) During the preparatory period, you may also refer to your own books or

notes, but you will not be allowed to refer to them in the examination room. During the preparatory period, you will not be allowed to communicate with anyone.

(g) At the end of the preparatory period, you will be escorted to the examination room. The Test itself will last about 30‐40 minutes. You will be asked questions on the Advance Topic and on the Extracted Documents relating to it. In addition, questions will also be asked on other aspects of the syllabus (i.e. the English legal system, contract, tort and land law). Although you should be prepared to answer questions on ALL these topics, it is not always possible in the available time for the assessors to examine every topic in the syllabus.

(h) Whilst the syllabus requires you to have acquired a “general working

knowledge” of the English legal system, questions on this component of the syllabus most commonly centre on the doctrine of precedent and the hierarchy of the courts, the difference between common law and equitable remedies, the difference between ratio decidendi and obiter dictum, the rules and presumptions used by the courts when interpreting statutes and, finally, the structure, composition and jurisdiction of the courts in the modern English legal system.

(i) A typical percentage breakdown of the time allocated to particular components in the Head IV examination (where the Advance Topic is on contract) might be: Advance Topic/Extract 40%, other contract topics 10%; tort 25%; English legal system 25%.



(j) Competence in the English language will be tested throughout.

(k) On completion of the Head IV examination, you must hand back the Extracted Documents, together with any notes you made during the preparatory period, and must leave the examination venue as directed.

4.2 APPLICATIONS FOR CONCESSIONS

4.2.1 Introduction

The discretion of the QLTT Board of Examiners to grant concessions is governed by Regulation 19 of the QLTT Assessment Regulations. You should read Regulation 19 carefully so that you understand clearly when and how it operates. In addition, you should read Rule 21, which governs the procedure for making a concession application.

Please note that College academic and administrative staff (this includes the invigilators in the examination) cannot advise you whether to make a concession application or on the likely outcome of a concession application. Decisions on concessions applications are made by the Board of Examiners and are final.

4.2.2 Absence from an Examination

If you miss an examination, you will forfeit your Test fee (in accordance with Regulation 18), unless the Board of Examiners exercises its discretion under Regulation 19 to grant you an additional attempt at no charge.

Under Regulation 19, if you are absent from an examination because of illness or other valid cause, this does allow you to make a concession application. Your application will be considered at the meeting of the Board of Examiners which is held following the sitting of the examination. The Board of Examiners retains discretion to deem a candidate who falls ill during an examination (e.g. a candidate who suffers an epileptic episode) to have been absent from the examination for the purposes of this regulation.

4.2.3 Impaired performance

It is very important to realise that attendance at an examination means that you will be deemed to have been “fit to sit”.

This means that if you choose to sit the examination, you may not submit a concession application form on the basis of impaired performance because of illness or any other reason.

4.2.4 Procedural defect in the conduct of the examination



As a result of Regulation 19, the only situation in which you may make a concession application if you choose to sit the examination is if there is a procedural defect in the conduct of the examination. This will be rare, but would cover matters such as prolonged interruption of the examination by a fire alarm, a gas or water leak affecting the Test Hall or a bomb scare requiring evacuation of the Test Hall.

4.2.5 Concession application form

Any application for a concession must be made on the prescribed application form. Copies of this form are available from the Assessments Officer (Professional Development) at The College of Law’s Moorgate Centre. You may also obtain a form through the Customer Contact Centre QLTT Admin Team. Any application for a concession must be received by the College within 10 days after the sitting of the examination to which it relates (see Regulation 21). There will be no extension of this time limit other than where the Board is satisfied that there are exceptional circumstances.

Receipt of a concession application form will be acknowledged by the College. It is your responsibility to ensure that the concession form has been received.

4.2.6 Supporting Evidence

Full details of the specific ground(s) on which the concession is sought, together with independent supporting evidence you wish to have considered must accompany the application. Independent supporting evidence includes medical certificates if your application relates to illness which has prevented you sitting the examination, and/or any other relevant documentary material (eg a death certificate in the case of a bereavement which has prevented you sitting). You must submit all documentation to be considered as part of the concession application no later than 28 days after the sitting of the examination to which it relates.

All medical certificates submitted must indicate details of the nature and severity of the illness, injury or other condition; when the problem started, its duration (if it has ended), the effect of the condition on you and the possible effects of any medication prescribed. All medical certificates must be on official headed notepaper from the surgery or hospital department of the medical practitioner concerned. English translations must accompany any document submit to the College for any purpose if such documents are not in the English language.

4.2.7 Powers of the Board of Examiners

The Board cannot award a condoned pass : i.e. they cannot treat a failed assessment as a pass because of special circumstances. They can, however, grant a candidate an additional attempt at the examination at no extra charge, but only if the Board is satisfied that non‐attendance was because of illness or



other valid cause, or if impaired performance was because of a procedural defect in the conduct of the examination.

4.3 REQUESTS FOR SPECIAL FACILITIES

If you wish special examination arrangements to be made for you, or if you suffer from any disability which may affect your ability to sit the examination in any Head(s) with other candidates, you must inform the QLTT Team at the College’s Customer Contact Centre in writing as soon as possible. We will contact you to discuss what facilities can be arranged for you, and prepare a learning contract. You are strongly advised to contact the College as early as you can, as it may not be possible to make certain adjustments if you do not give sufficient prior notice of your needs. Full details of your disability or special needs must be sent to the Customer Contact Centre QLTT Team, and must be accompanied by supporting documents including medical certificates. Medical certificates must be on official headed notepaper from the surgery or hospital department of the medical practitioner concerned.

English translations must accompany any document which you submit to the College for any purpose if such documents are not in the English language.

4.4 NOTIFICATION OF RESULTS

You will be notified of your results by letter. A copy of the pass list will also be posted on the College website (www.college‐of‐law.co.uk). Results will be posted six to eight weeks after the examinations

4.5 FEEDBACK

If you fail a written Head (ie I, II, III), you will receive a copy of the examiner’s comments on the general performance of candidates in that written Head. The general feedback indicates the main subject areas which the questions required to be discussed, and may also indicate where weak candidates lost marks. It is neither a marking scheme nor a model answer, and should not be treated as such.

Please note that you will NOT be given feedback on your individual exam performance, and it is not possible to apply for individual feedback on your script.

Your original answer book(s) (including any additional pages), copies of your answer book(s) (including any additional pages), question papers or advance reading will not be provided to you under any circumstances.

4.6 QUERIES ON YOUR RESULTS AND THE APPEAL PROCEDURE

4.6.1 Marking procedure and confirmation of results

For background information, you should be aware that marks are gained from a



starting point of zero rather than lost from a starting point of 100 marks. Scripts are marked using a strict marking scheme, and you are awarded marks for correct answers. Marks are not deducted for wrong answers.

All scripts that do not reach the required pass mark are sent to the External Examiner in the relevant Head for consideration as part of the normal marking procedure. The External Examiner will also review all borderline scripts, and a selection of pass scripts at various levels of achievement. All totals are arithmetically checked prior to being presented to the Board of Examiners for confirmation. Once confirmed by the Board, all results are final.

4.6.2 Appealing against your mark

Regulations 22‐25 of the QLTT Assessment Regulations cover appeals. You should read this part of the Regulations in particular, Regulation 23) carefully so that you understand clearly when and how it operates. Apart from the procedure indicated, no discussion with regard to your result will be entered into.

From time to time, candidates who are disappointed with their QLTT result(s) wish to appeal against their marks. You need to be aware that Regulation 23 does not allow for any appeal to be submitted if it relates to the academic judgment of the Board or of an External Examiner.

The appeal procedure mentioned above does not entitle you, therefore, to have an examination script “looked at again”, “re‐examined”, “re‐counted” or “re‐marked”.

4.6.3 Compensation

Please note that each Head of the QLTT is marked in isolation and there is no compensation permitted between Heads. This means that performance in other Head(s) of the QLTT in earlier sitting(s) or performance in different examinations does not affect the results of other Head(s).



5. Frequently‐Asked Questions 5.1 GENERAL TEST INFORMATION

When and where do you hold the QLTT?

We offer the Test in London six times a year. London Test dates are usually in February, April, June, August, October and December. We also offer the Test in Mumbai, Hong Kong and Sydney in April and October, and in Delhi in October. Please check the QLTT section of the College website for precise details. What does the QLTT comprise ? Head I ‐ Property Head II ‐ Litigation (Civil OR Criminal) Head III ‐ Professional Conduct and Accounts Head IV ‐ Principles of Common Law

What is the format of the Tests?

Head I ‐ three‐hour written exam (plus an additional 30 minutes advance reading time) Head II ‐ three‐hour written exam (plus an additional 30 minutes advance reading time) Head III ‐ three‐hour written exam Head IV ‐ oral exam

What materials can I bring into the Test? The written tests are ‘open book’ – any books, documents and other written material can be taken into the exam. You may bring into the oral exam any notes you have made during the allocated reading time prior to the Test.

What is the pass mark?

The pass mark for Heads I, II and IV is 50%. To pass Head III, candidates must obtain at least 50% of the 60 marks attributable to the Professional Conduct/Financial Services/Money Laundering section of the paper, and must also obtain at least 50% of the 40 marks attributable to the Solicitors Accounts section of the Test. Thus to pass Head III, candidates must pass both parts of the paper, and obtain at least 30/60 on the Conduct and 20/40 on the Accounts part. Will I need to do all four Heads?

Not necessarily. The number of Heads required will be determined by the Solicitors Regulation Authority and confirmed on your Certificate of Eligibility.



Do the prices for the Tests include any tuition?

No, all tuition is paid for separately.

5.2 CERTIFICATE OF ELIGIBILITY

What is a Certificate of Eligibility?

It is the document in which the Solicitors Regulation Authority states the individual requirements which you must fulfil for admittance to the roll of solicitors of England and Wales.

How do I get a Certificate of Eligibility?

You can no longer get a Certificate of Eligibility to sit the QLTT. All new applications will be considered under the new QLTS system.

5.3 TUITION

How much tuition do I have to do? There are no compulsory tuition requirements.

What tuition do you offer? We offer a distance learning pack and tuition courses (standard and fast‐track). We also hold a revision session for each of the Heads.

5.4 ENROLLING

How do I enrol for one or more Tests? We will need a completed booking form, full payment and a copy of your Certificate of Eligibility.

How do I enrol for tuition? We will need a completed booking form and full payment.

Is it possible to apply for the tuition and the Test(s) separately/at different time? Yes, but you will need to complete a copy of the booking form on each occasion.

What if I want to defer my Test? You may defer your Test until the next available sitting provided you notify the College in writing any time prior to the Test. If you do not contact the College in advance of the sitting, you will be deemed absent and will forfeit your Test fee.



5.5 CONCESSION APPLICATIONS

What is a “procedural defect”?

This relates to a situation where proper assessment procedures are disrupted (e.g. if the examination hall had to be evacuated due to a fire alarm).

What if I feel ill on the day of the examination? Only you can decide whether to attend the examination. You may postpone your sitting by contacting the College by telephone and following this up with written notification of your intention to postpone. Please note that if you attend the examination, you will be deemed to be “fit to sit”. No concession can be made for your illness. Can I apply for a concession for any reason other than illness?

“Fit to sit” covers all circumstances : if you decide to sit the examination, you will not be able to put in a concession application, no matter what the circumstances (eg a bereavement shortly before the examination takes place).

What if I have special needs? Can I submit a concession application?

In this case, it is your responsibility to disclose your special needs to the College before you undertake any assessments, and to obtain a learning contract which adequately covers your needs (by, for example, providing for suitable facilities in assessments). Apart from this, the “fit to sit” rule applies: i.e. if you choose to sit the examination, you will be deemed “fit to sit” and will not be able to make a concession application.

What if I fall ill during an examination?

If you are taken ill during an assessment due to a truly exceptional circumstance (e.g. an epileptic episode), which means that you are unable to complete the assessment, you must notify the invigilator/assessor of your illness (please bear in mind that it may not be obvious that you have been taken ill);

If you wish to be deemed absent, you must complete a concession application, in which case your script will not be processed and the Board of Examiners will consider your application;

If you feel that you have completed a sufficient quantity of the assessment to have passed it, you may choose not to complete a concession form. Your paper will be marked, but under the “fit to sit” principle, no concession will be made for your illness;

If you leave the examination room due to illness and then return to the room subsequently, you will be deemed to be “fit to sit” and no concession will be granted;

If you fall ill but choose to remain in the examination room, then no concession will be



granted.

I’ve been told that my concession application has been accepted, and yet I have still failed the Test. Why did the Board not pass me? The Board of Examiners does not have the power to increase marks in response to extenuating circumstances. If your concession application is successful, the only permissible outcome is for the Board to grant an additional attempt at no charge.

5.6 TEST RESULTS

How and when will I receive my Test results? Results will be sent out by post to delegates six to eight weeks after the Test(s). A secure pass list will also be published on the College web‐site. Results cannot be provided over the telephone.

What happens if I fail all or some of my Tests? You can re‐take any Tests, but you will need to re‐enrol to do so.

How many times can I resit a Test?

You can re‐sit any of the Tests as many times as required. There is no limit on the number of attempts you may make on each Head. However, the Solicitors Regulation Authority has given notice that the QLTT will come to an end in 2013 at the expiration of the last QLTT certificates of eligibility. Note that if your QLTT Certificate of Eligibility expires before you have completed the QLTT, you will need to apply for a QLTS certificate of eligibility, and sit the QLTS.

Can I receive feedback on my Test performance?

No. If you fail a Test you will be provided with an examiner’s report, which gives general feedback on the Test. It is not possible to request individual feedback on your exam.

Is there a discount for test re‐takes?

No. However, registration fee covers you for three sittings. At your second and third sittings (including re‐takes), you will only be required to pay the actual Test fee.



Qualified Lawyers Transfer Test (QLTT) Assessment Regulations

(Applying to assessments held on or after 1 August 2008)

Definitions 1. “Assessment” an examination or other means of assessment

appropriate to the matter being assessed

“the Board of Examiners” the Board of Examiners referred to in Regulation 2 “the Chairman” the Chairman of the Board of Examiners referred to in Regulation 2 “the College” The College of Law “the Course Registrar” the person appointed as such by the College’s Academic Registry “the External Examiners” the persons nominated as such by the College and approved by the College’s Academic Board “Head” a Head of the Test “the Internal Examiners” the persons appointed as such by the College “the Programme Director” the person appointed as such by the College “the Oral Head” Head IV of the Test which is a test on the principles of common law “the Test” the College of Law’s Qualified Lawyers Transfer

Test “Written Heads” Tests in:

Head I : Property; Head II : Litigation; and Head III : Professional Conduct & Accounts

The Board of Examiners 2. The Board of Examiners consists of the Programme Director, the Course Registrar,

the External Examiners and the Internal Examiners. The Chairman shall be the Programme Director or his or her nominee.



3. The quorum for a meeting of the Board of Examiners shall be the Chairman and one External Examiner.

4. Where necessary a meeting of the Board of Examiners may be held using video conferencing or telephone conferencing facilities.

5. Where it is not reasonably practicable to await the next meeting of the Board of Examiners an External Examiner and the Chairman may exercise any function of the Board of Examiners under these Regulations.

6. Subject to Regulation 22, the decision of the Board of Examiners on any matter arising under these Regulations is final.

7. All assessment results are provisional until confirmed by the Board of Examiners.

8. The Solicitors Regulation Authority may nominate a representative to attend and speak at all meetings of the Board of Examiners.

External Examiners 9. The names of the External Examiners must be available to all candidates. 10. All draft Assessments and, as the case may be, any material to be used for the Oral

Head must be submitted to an External Examiner for approval.

11. An External Examiner may inspect all Assessment scripts in the subject for which he or she is responsible or, as the case may be, see all videotaped assessments for the Oral Head.

12. The decision of an External Examiner on any question of a candidate’s academic performance is final.

Method and Principles of Assessment

13. Candidates must comply with such instructions governing the conduct of the Assessments as the Programme Director may publish from time to time.

14. A candidate passes each Head as follows:

Head(s) Format of Assessment Pass threshold

I Property 3‐hour written test + 30 minutes reading time

Candidates must obtain at least 50% of the available marks

II Litigation 3‐ hour written test + 30 minutes reading time

Candidates must obtain at least 50% of the available marks

III Professional Conduct & Accounts

3‐hour written test Candidates must obtain at least 50% of the available marks in both the Professional Conduct



and the Accounts parts IV Principles of Common Law 30‐minute oral test Candidates must obtain at least

50% of the available marks Compensation 15. No compensation will be permitted between different Heads.

The English Language 16. (a) The Assessments must be set in the English language and must be answered in that language

(b) The competence of a candidate in the English language is a relevant factor in determining whether a candidate passes each Written Head and the Oral

Head.

Number of Attempts 17. Candidates may sit any of the Heads any number of times and may sit the Heads in any order. Absence from Assessments and impaired performance in Assessments 18. Subject to Regulation 19, a candidate who is absent from any Assessment shall

forfeit the Test fee applicable to that Assessment, unless that candidate has provided written notification to the College prior to the Test of their intention to defer that sitting.

19. Where the Chairman or Board of Examiners is satisfied that absence was due to

illness or other valid cause or that impaired performance was due to a procedural defect, the Chairman or Board of Examiners has the discretion to grant an additional attempt at that Assessment at no charge.

20. Condonation, ie a discretion to modify a mark or grade in response to extenuating circumstances or otherwise, is not permitted under any circumstances.

21. (a) A candidate who wishes the Chairman or the Board of Examiners to exercise any of their powers under Regulation 19:

(i) must make a written concession application, in English, to be received within 10 days of the date of the Assessment; and

(ii) must include in the concession application full details of the

circumstances to be considered by the Chairman of the Board of Examiners; and



(iii) must include with the written concession application such supporting evidence as may be relevant. Any documentary material submitted, if not in English, must be accompanied by an English translation.

(b) A concession application received after the 10 day time limit mentioned

above will be considered only if there are exceptional circumstances and the candidate gives a satisfactory explanation for the delay.

(c) The Board of Examiners or the Chairman may require the candidate to supply

such further details and supporting evidence as they may consider relevant before considering any concession application under this Regulation.

In considering any concession application by a candidate under these Regulations the Chairman or the Board of Examiners may have regard to the candidate’s performance in all Assessments, written representations made by the candidate, recommendations made by an External Examiner, and all other relevant circumstances.

Appeal against a decision of the Board of Examiners 22. Subject to Regulations 23‐24 a candidate may appeal against a decision of the Board

of Examiners under these Regulations. 23. (a) No appeal against a decision of the Board of Examiners may be submitted if it

relates to the academic judgement of the Board of Examiners or of an External Examiner

(b) No appeal against a decision of the Board of Examiners may be submitted

unless:

(i) there are new circumstances or circumstances not previously made known to the Board of Examiners and the candidate can show good reason why he or she could not have made the relevant circumstances known before the decision which is subject to appeal; or

(ii) the Board of Examiners has misapplied the Regulations.

24. Any appeal must be submitted within 10 days of publication of the Board of

Examiners’ decision. 25. Details of the College‐wide process for reviewing decisions of Boards of Examiners

will be published from time to time by the Programme Director.



Unsatisfactory Behaviour 26. Candidates may be excluded from the Assessment on the grounds of violent,

disruptive or unfair behaviour.

Cheating 27. A candidate who cheats or has knowingly helped another candidate to cheat in any

Assessment fails the Assessment. Cheating includes copying or plagiarising the work of any other candidate and taking or attempting to take any other step likely to afford the candidate an unfair advantage over other candidates, whether before or after the Assessment point.

28. The Chairman must inform the Solicitors Regulation Authority of any finding of

cheating by a candidate in any Assessment.

Interpretation 29. The Regulations have been prepared in accordance with the Solicitors Regulation

Authority’s assessment requirements (“the Requirements”). In the event of any conflict between these Regulations and the Requirements, the Requirements shall prevail.