Learning Outcomes
After reading this article, you will be able to methodically review a client file to identify evidential gaps and weaknesses, accurately appraise the quality and admissibility of available evidence, and apply critical reasoning to advise on necessary steps to strengthen the case. You will be equipped to spot practical evidential issues central to the SQE2 assessment.
SQE2 Syllabus
For SQE2, you are required to understand how to systematically review a file for evidential sufficiency and to evaluate the probative value of evidence presented. Revision should focus on:
- identifying evidential gaps that could affect case outcomes
- assessing whether evidence meets legal and practical standards of admissibility, reliability, and relevance
- advising on what further evidence or information is required to address weaknesses
- considering practical steps or applications to remedy deficiencies
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is meant by an "evidential gap" in a client file?
- Which of the following is most likely to be inadmissible in court?
a) A signed witness statement
b) Hearsay evidence with no permitted exception
c) A contemporaneous business record - How should you record evidential weaknesses when drafting advice to your supervising solicitor?
- Identify two appropriate steps if you identify missing key witness evidence before trial.
Introduction
File review and issue identification is at the core of competent legal analysis for the SQE2. You must be able to examine a file, determine whether there is sufficient admissible evidence to prove or defend a claim, and spot gaps that could impact prospects of success. You are also required to evaluate the strengths and weaknesses of the evidence and suggest practical next steps.
The Purpose of File Review
A structured file review allows you to check the sufficiency and quality of the evidence supporting each element of a client’s case. Review is not a passive reading but an active, critical process. For each factual or legal issue, you must ask: is there evidence? Is it admissible, credible, and relevant? Are any essential pieces missing?
Key Term: file review
A systematic assessment of all documents, facts, and evidence on a client file to determine completeness and identify action points or weaknesses.
Identifying Evidential Gaps
An evidential gap arises where no evidence—or only inadmissible or unreliable evidence—is available to prove a necessary aspect of the case. Failing to spot such gaps poses a real risk to your client's position, especially if unaddressed before trial.
Key Term: evidential gap
A missing or unsatisfactory piece of evidence required to establish or refute a key factual or legal issue in the case.
Evidence Appraisal
Simply having evidence is insufficient—it must be assessed for its quality, admissibility, and ability to persuade the tribunal. This means scrutinising witness statements for consistency, testing the authenticity of documents, and evaluating whether expert reports meet procedural requirements.
Key Term: evidence appraisal
The analytical process of assessing the quality, admissibility, relevance, and sufficiency of evidence to prove or disprove an issue.
Admissibility, Reliability, and Relevance
Every piece of evidence must be carefully checked for legal admissibility (can it be used at all?), reliability (is it likely to be believed?), and relevance (does it actually relate to a key issue?).
Key Term: admissibility
The legal principle governing whether evidence can be received and considered by a court or tribunal.Key Term: reliability
The likelihood that a piece of evidence is accurate and will be accepted as truthful or trustworthy.Key Term: relevance
The connection between the evidence and the fact in issue—if a fact does not make a material issue more or less probable, it is not relevant.
Worked Example 1.1
Scenario: You are reviewing a personal injury case file. The main witness's statement is unsigned, and no medical evidence of injury is present. What evidential gaps exist, and what should you do?
Answer:
There are obvious gaps: (1) The witness statement is unsigned, making it inadmissible. (2) There is no medical evidence, so the injury is unproven. You should flag up both issues and recommend urgent steps to (a) obtain a statement in proper form and (b) commission a medical report.
Recognising Weaknesses and Taking Action
A clear, concise note or report should be prepared for your supervising solicitor, highlighting each evidential shortfall. You should recommend the most practical remedial steps, such as contacting witnesses promptly, arranging expert reports, or requesting missing documents via disclosure procedures.
Exam Warning
Examiners may require you to comment not only on what is present in the file, but also—critically—on what is missing. Marks are often lost for failing to recommend practical actions to fix gaps.
Practical Tools
Checklists
Develop your own checklist or use your firm’s precedent to ensure you have considered:
- Parties' statements and key witness evidence
- Documentary proof (contracts, correspondence, contemporaneous records)
- Expert reports where needed
- Admissions and agreed facts
- Gaps in sequence or inconsistencies
File Notes and Reports
When preparing reports or notes:
- Record the absence or weakness of evidence clearly and concisely
- Note potential consequences if gaps are unaddressed
- Recommend next steps (e.g. further enquiries, seeking adjournments, making applications)
Worked Example 1.2
Scenario: On file review for a contract dispute, you discover the only contract is unsigned and all correspondence is oral. How do you present this to your supervisor?
Answer:
Note that there is insufficient documentary evidence of the contract terms—the unsigned document may lack probative value and oral evidence is vulnerable to dispute. Advise that written witness statements and/or admissions be obtained, and the opposing party formally requested to clarify their position.
Revision Tip
When reviewing a file in an exam, make a table with each legal/factual issue, the evidence you have for it, any gaps/weaknesses, and concrete steps to address them.
Considerations for Different Practice Areas
The principles apply across civil, criminal, and commercial work, but pay attention to area-specific points:
- In crime, consider admissibility issues (e.g. criminal records, character evidence)
- In family or employment cases, check whether all procedural statements/disclosures have been made
- In commercial work, be alert for missing expert evidence or financial records
Worked Example 1.3
Scenario: In an employment dismissal case, you only have the employer's disciplinary policy and a brief internal memo. There is no evidence of the actual disciplinary process.
Answer:
The evidential gap is absence of documented process showing the steps taken. Advise to locate or request formal hearing notes, witness statements from those involved, and written outcome letters.
Key Point Checklist
This article has covered the following key knowledge points:
- File review means actively analysing all evidence and documents for sufficiency
- Evidential gaps are missing or legally insufficient evidence on a key issue
- Appraisal is needed for admissibility, reliability, and relevance of evidence
- Record gaps and weaknesses clearly; always advise on practical steps to remedy
- Use structured checklists to ensure no gaps go unnoticed
Key Terms and Concepts
- file review
- evidential gap
- evidence appraisal
- admissibility
- reliability
- relevance