The principles, procedures and processes involved in dispute resolution

Different options for dispute resolution

• The characteristics of arbitration, mediation and litigation which make them an appropriate mechanism to resolve a dispute through a civil claim

Preliminary considerations

• limitation
• pre-action protocols
• parties and causes of action
• calculating limitation periods for claims in contract and tort
• Practice Direction

Pre-action conduct

• principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow their terms
• applicable law: mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales
• jurisdiction: mechanisms to determine jurisdiction over an international contractual or tortious claim.

Where to start proceedings

• allocation of business between the High Court and the County Court
• jurisdiction of the specialist courts

Issuing and serving proceedings

• issuing a claim form
• adding, removing or substituting parties
• service of a claim form within the jurisdiction
• procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and    mechanisms for effecting valid service in another jurisdiction
• deemed dates of service and time limits for serving proceedings service by an alternative method.

Responding to a claim

• admitting the claim
• acknowledging service and filing a defence and/or counterclaim disputing the court’s jurisdiction
• entering and setting aside judgment in default discontinuance and settlement
• time limits for responding to a claim.

Statements of case

• purpose, structure and content of a claim form, particulars of claim, or defence relating to a claim in contract or tort
• purpose, structure and content of a reply,
• Part 20 claim, or defence to Part 20 claim
• requests for further information about statements of case amendments.

Interim applications

• procedure for making an application

Purpose, procedure and evidence required for particular applications

• summary judgment
• interim payments
• interim injunctions.

Case management

• the overriding objective
• track allocation
• case management directions for cases proceeding on the fast or multi-tracks
• non-compliance with orders, sanctions and relief
• costs and case management conferences.

Evidence

• relevance, hearsay and admissibility
• the burden and standard of proof expert evidence -opinion evidence
• duties of experts single joint experts
• discussion between experts
• witness evidence – witness statements
• affidavits

Disclosure and inspection

• standard disclosure
• orders for disclosure specific disclosure
• pre-action and non-party disclosure electronic disclosure
• privilege and without prejudice communications
• waiver of privilege

Trial

• summoning witnesses
• preparations for trial -purpose of pre-trial checklists and hearings purpose of trial bundles
• trial procedure
• the nature and effect of judgment.

Costs

• costs management and budgeting
• inter-partes costs orders (interim and final)
• non-party costs
• qualified one-way costs shifting
• Part 36 and other offers
• security for costs
• fixed and assessed costs.

Appeals

• permission destination of appeals
• grounds for appeals

Enforcement of money judgments

• oral examination
• methods of enforcement
• procedure and mechanisms for effecting valid enforcement in another jurisdiction.

 

For further information email: sqe@qltsprivatetutor.com