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2026 Statistics

Key Facts: FE-1 Equity Exam

1 of 8

FE-1 Subjects

Law Society of Ireland

3 hours

Single Paper (3.5 hours online)

Law Society of Ireland

Answer 4 of 5

Essay/Problem Questions

Law Society of Ireland

50%

Pass Mark per Subject

Law Society of Ireland

~EUR 128

Fee per Subject (2026)

Law Society of Ireland

100+

Practice Questions Here

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FE-1 Equity is one of eight subjects in the Law Society of Ireland's FE-1 entrance examination for intending solicitors. It is assessed by a single three-hour paper (3.5 hours online) of five essay and problem questions, of which candidates answer four, with a 50% pass mark. The syllabus runs from the nature of equity and the maxims through equitable remedies - injunctions (the Campus Oil / Merck v Clonmel test), Mareva and Anton Piller orders, specific performance, rectification, and estoppel - to the law of trusts. Trusts topics include the three certainties, the classification and constitution of trusts, resulting and constructive trusts (especially the family home), charitable trusts and cy-pres under the Charities Act 2009, trustees' duties, breach of trust, and tracing. The paper is set in Irish law and tested on leading Irish and English authorities. The FE-1 is held twice yearly, each subject is sat individually, and all eight subjects must be passed within seven years of the first pass before progressing to a training contract and the Professional Practice Course.

Sample FE-1 Equity Practice Questions

Try these sample questions to test your FE-1 Equity exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1A plaintiff applies to the Irish High Court for an interlocutory injunction to restrain an alleged breach of contract. Applying the leading Irish authority, which formulation correctly states the first threshold the plaintiff must satisfy?
A.The plaintiff must show a strong prima facie case amounting to near certainty of success
B.The plaintiff must prove on the balance of probabilities that it will succeed at trial
C.The plaintiff must establish that there is a fair, bona fide or serious question to be tried
D.The plaintiff must demonstrate that the defendant has acted with bad faith or malice
Explanation: In Campus Oil Ltd v Minister for Industry and Energy (No 2) [1983] IR 88, the Supreme Court held that the applicant for an interlocutory injunction need only establish a fair, bona fide or serious question to be tried, not that it will probably succeed. This remains the foundational Irish threshold, confirmed in Merck Sharp & Dohme v Clonmel Healthcare [2019] IESC 65.
2In Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd [2019] IESC 65, how did O'Donnell J refine the Irish approach to the adequacy of damages in interlocutory injunction applications?
A.He held that adequacy of damages is an absolute precondition that must be answered before any balance of convenience is considered
B.He held that adequacy of damages applies only to mandatory and not prohibitory injunctions
C.He abolished any consideration of the adequacy of damages in Irish injunction law
D.He held that adequacy of damages should be considered as part of the balance of convenience rather than as a separate antecedent hurdle
Explanation: In Merck v Clonmel [2019] IESC 65, O'Donnell J reasserted the flexibility of the remedy and held that the adequacy of damages, while often the most important factor, should be weighed within the overall balance of convenience rather than treated as a rigid antecedent hurdle. The Court warned against applying Campus Oil/American Cyanamid as mechanical rules.
3An applicant seeks a mandatory interlocutory injunction compelling a defendant to reconnect a severed utility supply pending trial. What heightened standard do the Irish courts generally apply to such mandatory interlocutory relief?
A.Only that there is a fair question to be tried, the same as for prohibitory injunctions
B.Proof beyond reasonable doubt of the underlying right
C.No threshold at all, as mandatory injunctions are granted as of right
D.A strong case that is likely to succeed at trial
Explanation: Irish courts (following Maha Lingam v HSE [2005] IESC 89) require an applicant for a mandatory interlocutory injunction to show a strong case that is likely to succeed at trial, a higher threshold than the ordinary Campus Oil fair-question standard, because such orders alter rather than preserve the status quo.
4A bank fears that a defendant who owes a substantial debt is about to transfer his assets out of the jurisdiction to defeat any judgment. Which equitable remedy is designed to prevent the dissipation or removal of assets pending trial?
A.A Mareva injunction
B.A quia timet declaration of trust
C.An order for specific performance
D.An Anton Piller order
Explanation: A Mareva (freezing) injunction restrains a defendant from dissipating, concealing or removing assets so as to frustrate the enforcement of a future judgment. It is available in Ireland in exceptional cases where a real risk of dissipation is shown.
5A plaintiff in an intellectual property dispute fears the defendant will destroy incriminating documents before trial. Which order permits the plaintiff's representatives to enter the defendant's premises to inspect and preserve evidence?
A.A Mareva injunction
B.An Anton Piller order
C.A prohibitory perpetual injunction
D.An order for rectification
Explanation: An Anton Piller order is an exceptional pre-trial order permitting the applicant to enter the respondent's premises to inspect, copy or remove documents and material that might otherwise be destroyed or concealed. Its purpose is the preservation of evidence, and it is granted only where the risk of destruction is real.
6Which of the following best states the equitable maxim that underlies the refusal of relief to a plaintiff who has himself acted unconscionably in the matter before the court?
A.Equity follows the law
B.He who comes to equity must come with clean hands
C.Equity will not assist a volunteer
D.Delay defeats equity
Explanation: The maxim 'he who comes to equity must come with clean hands' means that a plaintiff seeking equitable relief must not himself be tainted by impropriety connected to the subject matter of the claim. Unclean hands can bar discretionary equitable remedies such as specific performance or injunctions.
7A settlor purports to make a voluntary gift of shares but fails to complete the registration transfer that the law requires to vest legal title. The intended donee, having given no consideration, asks equity to perfect the gift. Which maxim most directly governs the court's refusal?
A.Equity will not assist a volunteer / equity will not perfect an imperfect gift
B.Equity acts in personam
C.Equity looks on that as done which ought to be done
D.Where the equities are equal the first in time prevails
Explanation: Equity will not assist a volunteer and will not perfect an imperfect gift. Where a settlor has not done everything necessary to transfer legal title and the donee gave no consideration, equity will not step in to complete the transfer (Milroy v Lord), subject to limited exceptions such as the every-effort rule in Re Rose.
8Which three certainties must be present for a valid express private trust to be created?
A.Certainty of capacity, certainty of formality, and certainty of purpose
B.Certainty of intention, certainty of subject matter, and certainty of objects
C.Certainty of motive, certainty of value, and certainty of duration
D.Certainty of consideration, certainty of writing, and certainty of registration
Explanation: Following Knight v Knight, a valid express private trust requires the three certainties: certainty of intention to create a trust, certainty of the subject matter (the trust property and the beneficial shares), and certainty of objects (the beneficiaries). Absence of any of the three is generally fatal to the trust.
9A testator leaves property to his widow 'in full confidence that she will do what is right by my children.' On the modern approach to certainty of intention, what is the most likely effect of such precatory language?
A.It is precatory only and generally fails to impose a trust, leaving the widow absolute owner
B.It automatically creates a binding trust in favour of the children
C.It creates a charitable trust for the advancement of education
D.It creates a resulting trust to the testator's estate
Explanation: Words expressing a hope, wish or confidence (precatory words) generally do not show the imperative intention required to create a trust; following Lambe v Eames and Re Adams and the Kensington Vestry, such language usually leaves the recipient absolute owner. Certainty of intention requires that the words be construed as imposing an obligation.
10A settlor declares a trust over 'the bulk of my estate' for named beneficiaries. The remaining provisions are clear. What is the likely consequence of this description for the validity of the trust?
A.The trust fails for uncertainty of subject matter because the property is not identifiable
B.The trust is valid because 'the bulk' is a recognised legal quantity
C.The trust fails for uncertainty of objects
D.The trust takes effect as a charitable trust
Explanation: A trust requires certainty of subject matter; a vague description such as 'the bulk' of an estate is too uncertain to identify the trust property (Palmer v Simmonds), so the trust fails for uncertainty of subject matter. Conceptual vagueness about the property, not the beneficiaries, is the defect here.

About the FE-1 Equity Exam

FE-1 Equity is one of the eight subjects of the Final Examination - First Part (FE-1), the entrance examination administered by the Law Society of Ireland for entry to the solicitors' profession. It is examined by a single three-hour paper (3.5 hours for the online sitting) containing five essay and problem questions, of which candidates must answer four, with a pass mark of 50%. The subject covers the law of equity and trusts in Ireland: the nature of equity and the equitable maxims, equitable remedies such as injunctions, specific performance, rectification, and estoppel, and the law of trusts including the three certainties, the classification and constitution of trusts, resulting and constructive trusts, charitable trusts, trustees' duties, breach of trust, and tracing. The examination is held twice each year, in Spring (around March) and Autumn (around October), and each subject is sat individually.

Assessment

Question count not published by the exam provider

Time Limit

3 hours (3.5 hours online)

Passing Score

50% per subject

Exam Fee

EUR 128 per subject (2026; recheck EUR 154) (Law Society of Ireland)

FE-1 Equity Exam Content Outline

12%

Nature of Equity & the Maxims

The origins and modern role of equity, its relationship with the common law and statute, and the application of the equitable maxims (clean hands, delay defeats equity, equity acts in personam, equity will not suffer a wrong to be without a remedy) to problem scenarios

22%

Equitable Remedies

Interlocutory injunctions under the Campus Oil / Merck Sharp & Dohme (Ireland) v Clonmel Healthcare test (fair question, adequacy of damages, balance of convenience/justice), Mareva freezing orders, Anton Piller search orders, specific performance, rectification, and promissory and proprietary estoppel

15%

The Trust Concept & Three Certainties

The essential characteristics of a trust and its distinction from gifts, contracts, and powers, and the three certainties - certainty of intention, subject matter, and objects - required to constitute a valid express trust, including the consequences of their absence

16%

Classification & Constitution of Trusts

Classification of trusts as express, resulting, constructive, charitable, and secret (fully and half-secret), and the constitution of trusts - the maxim that equity will not perfect an imperfect gift, transfer and declaration, and exceptions such as the rule in Strong v Bird and donationes mortis causa

15%

Resulting & Constructive Trusts

Automatic and presumed resulting trusts, the presumption of advancement and its rebuttal, and constructive trusts, with particular focus on the family home and the quantification of beneficial interests where a spouse or cohabiting partner contributes to a property held in another's name

10%

Charitable Trusts & Cy-Pres

The heads of charitable purpose and the public benefit requirement under the Charities Act 2009, the role of the Charities Regulatory Authority, and the cy-pres doctrine permitting the application of trust property to alternative charitable purposes where the original purpose fails

10%

Trustees' Duties, Breach & Tracing

The fiduciary and administrative duties of trustees, the no-conflict and no-profit rules, personal liability for breach of trust and available defences, and equitable tracing of misapplied trust property through clean and mixed funds and into the hands of third parties

How to Pass the FE-1 Equity Exam

What You Need to Know

  • Passing score: 50% per subject
  • Assessment: Question count not published by the exam provider
  • Time limit: 3 hours (3.5 hours online)
  • Exam fee: EUR 128 per subject (2026; recheck EUR 154)

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

FE-1 Equity Study Tips from Top Performers

1Learn the Merck Sharp & Dohme v Clonmel reformulation of the Campus Oil test precisely - examiners regularly set an interlocutory injunction problem, and you must show how adequacy of damages and balance of justice now form a single overall assessment
2Drill the three certainties with worked examples for each (intention, subject matter, objects) and know the consequence when each fails, since certainty problems are a recurring FE-1 Equity question
3For the family home, master the resulting/constructive trust analysis and the quantification of a non-owner partner's beneficial share - this is one of the most heavily examined areas
4Map the Charities Act 2009 heads of charitable purpose and the public benefit test, and link them to the cy-pres doctrine so you can handle a failed-gift charitable trust problem end to end
5Build a one-page maxims sheet and practise applying clean hands, delay defeats equity, and equity acts in personam to remedies questions rather than reciting them in the abstract
6Answer four full questions in three hours under timed conditions using the Law Society's past papers, and watch your time-per-question so you never leave a required answer unwritten

Frequently Asked Questions

What is the format of the FE-1 Equity exam?

FE-1 Equity is examined by a single three-hour paper (3.5 hours for the online sitting) made up of five essay and problem questions. Candidates must answer four of the five. There are no multiple-choice questions - each answer is a full written essay or a worked analysis of a fact-based problem, and the pass mark is 50%.

How does FE-1 Equity fit into becoming a solicitor in Ireland?

FE-1 (the Final Examination - First Part) is the entrance examination for the solicitors' profession in Ireland, administered by the Law Society of Ireland. There are eight subjects in total, of which Equity is one, and each is sat individually. All eight must be passed within seven years of the first pass before a candidate can take up a training contract and the Professional Practice Course.

What does the FE-1 Equity syllabus cover?

The Equity syllabus covers the nature of equity and the equitable maxims, equitable remedies (injunctions, specific performance, rectification, and estoppel), and the law of trusts. The trusts element includes the three certainties, the classification and constitution of trusts, resulting and constructive trusts, charitable trusts and cy-pres under the Charities Act 2009, trustees' duties, breach of trust, and tracing.

How often is the FE-1 Equity exam held and what does it cost?

The FE-1 is held twice a year, in Spring (around March) and Autumn (around October), and each subject can be attempted at either sitting. The fee is approximately EUR 128 per subject for 2026 (candidates should reconfirm the current amount, which may be around EUR 154, on the Law Society website), as fees are subject to periodic change.

What is the leading test for an interlocutory injunction in FE-1 Equity?

The governing Irish test was reformulated by the Supreme Court in Merck Sharp & Dohme (Ireland) v Clonmel Healthcare, refining the earlier Campus Oil approach. The court asks whether there is a fair question to be tried, then assesses the adequacy of damages and the balance of convenience or justice, treating the strength of the case and the adequacy of damages as part of one overall assessment.

Is the FE-1 Equity exam based on Irish or English law?

FE-1 Equity is set in Irish law. While many foundational equity and trusts principles are shared with England and other common-law jurisdictions and English authorities are persuasive, candidates must apply Irish statutes such as the Charities Act 2009 and leading Irish decisions, and answers should be grounded in the Irish position.