Active vs. Passive Knowledge
Have you ever felt like an expert in a subject—maybe you studied it at university or read several books on it—yet when asked about it, you can’t recall much?

This is a cognitive bias known as the illusion of knowing. It happens when passive repetition (like re-reading or highlighting) makes us overestimate how well we understand something.

For SQE candidates, this gap between passive familiarity and active recall can mean the difference between a near miss and a confident pass. The key is identifying your knowledge gaps and using strategic revision to close them.

Generative Knowledge: Mock Tests and SQE Sample Questions
To overcome the illusion of knowing, you need to engage in generation—actively producing information from memory rather than simply recognising it.

Generation happens when you:

• Fill in missing words or recall facts without looking

• Answer multiple-choice questions (MCQs) from memory

• Explain a concept before checking your notes

This is why mock tests and SQE sample questions should be part of your revision from the very start—not just the final weeks.

When reviewing questions:

• Ask why the correct answer is right

• Ask why each incorrect answer is wrong

• Identify which concepts the question was testing

• Notice patterns or traps in question formats

This approach deepens understanding and turns surface-level familiarity into true knowledge.

The Feynman Technique
Another powerful way to convert passive knowledge into active recall is to teach it.

Explaining a topic to someone else (or even to yourself) without notes quickly exposes any weak points.

Try explaining complex concepts like:

• The rule against perpetuities

• The hearsay rule

If you can’t explain them clearly and simply, that’s your cue to revisit those topics.

This method works because it:

• Forces you to organise ideas clearly

• Reveals fuzzy or incomplete understanding

• Strengthens recall under pressure

• Encourages plain, confident expression

You can use this technique with study partners, family, or just by speaking aloud.

Keeping a Record of Weak Spots
Once you’ve identified your weak areas from practice questions, track them. Maintain a list or spreadsheet of topics you frequently miss and review them regularly.

This record helps you:

• Allocate time efficiently

• See tangible progress as you master topics

• Avoid neglecting high-yield areas

High-yield topics:

• Core Tort concepts (e.g. elements of negligence)

• Business structures and regulation

• Common procedural steps in Dispute Resolution

Even niche topics—like the rule against perpetuities or money laundering regulations—can tip the balance between passing and failing.

Balanced approach:

1. Build a broad foundation across all subjects.

2. Deepen expertise in high-frequency and challenging topics.

3. Maintain your strengths without over-studying them.

Learning from SQE Exam Performance Data
Understanding common weaknesses among SQE candidates can guide your own revision priorities.

The SRA publishes annual SQE1 performance data, revealing which subjects candidates find hardest.

FLK1 Subject Performance
Average scores (2023–2024):

• Dispute Resolution – 278

• Business Law & Practice – 279

• Tort – 289

• Legal System of England & Wales – 295

• Ethics – 362

• Contract Law – 335

• Legal Services – 302

Insights:

• FLK1 pass mark: 300

• Hardest subjects: Dispute Resolution, Business Law, Tort

• Ethics scores highest, suggesting strong conceptual clarity and predictable testing patterns

Focus extra time on conceptual understanding and question practice in the lower-scoring areas.

FLK2 Subject Performance
Average scores ranged from 265 (Wills & Intestacy) to 354 (Ethics).

Most challenging FLK2 subjects:

• Wills & Intestacy – 265

• Property Practice – 278

• Trust Law – 285

• Solicitors’ Accounts – 290

Higher-performing subjects:

• Ethics – 354

• Criminal Liability – 317

• Land Law – 303

Key takeaway:
Students often dedicate less time to FLK2 as they prioritise FLK1 early. Balance your time—FLK2 subjects are just as important for passing overall.

The Difference Between Passing and Failing Candidates
Both passing and failing candidates tend to perform better in the same “easier” subjects. However, the gap between groups is larger in specific areas.

Biggest performance gaps:

• FLK1: Tort and Business Law & Practice

• FLK2: Land Law, Trust Law, and Criminal Liability

These subjects offer the best opportunities to boost your overall result.

Retaking Candidates
For resit candidates, certain subjects show the steepest score drops between first and second attempts:

• Tort (FLK1) – 36 points lower

• Trust Law (FLK2) – 33 points lower

• Business Law & Practice (FLK1) – 30 points lower

This suggests that these areas require fresh strategies, not just repetition.

Encouragingly, some third-attempt candidates improved their scores—especially in Ethics—showing that persistence and smarter techniques pay off.

Summary
1. Balance breadth with strategic depth.
Cover all subjects early, then double down on high-yield and challenging topics (Tort, Trusts, Dispute Resolution).

2. Avoid the illusion of knowing.
Re-reading and highlighting feel productive but aren’t. Test yourself to find hidden knowledge gaps.

3. Generation boosts retention.
Active recall (MCQs, teaching aloud, fill-in-the-blank) strengthens long-term memory far better than recognition.

4. Teaching exposes weak spots.
Use the Feynman Technique—explain legal principles in plain English to pinpoint fuzziness.

5. Focus where it matters most.
Hardest FLK1 subjects: Tort, Business, Dispute Resolution.
Hardest FLK2 subjects: Wills, Trusts, Property.
Ethics consistently scores highest but still deserves regular practice.

6. For resit candidates:
Expect tougher performance in Tort, Trusts, and Business. Use new methods and early revision cycles to close gaps.