First Results Paper D

Based on our analysis:

Total number of D candidates: 1040
Average mark:        41.8
Fails:                     570 candidates, 55%
Compensable fails:  85 candidates, 8%
Pass:                     385 candidates, 37 %


With the "eternal compensation" rule, that means that 45% of candidates do not need to repeat D:













It is not easy to explain this. The D paper was only about 60 words longer than the paper last year, so there was no major difference in the amount to read. Some factors:

  • a couple of difficult legal issues in DI, such as entiltlement and interruption
  • DII was a little more complicated than last year, and there was a little less guidance in what was required in the answer
  • there seemed to be more time needed to solve the paper. This was a major complaint in the EQE survey
It does not take much to tip the balance - a slight change in difficulty can mean a large increase in stress, If you need to look up a little more, you waste precious time, and the more stressed you get, the harder it is to think. 


Dealing with this (exam technique), and using your time efficiently, is as important as thoroughly learning the law.


This lack of time makes the D paper particularly difficult for non-native speakers who need time to read the questions and compose their answers.