Essential Dispute Resolution for SQE1

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of figures
List of tables
Introduction
Part 1: Different options for dispute resolution
Chapter 1 Introduction: Arbitration, mediation, and litigation as appropriate mechanisms to resolve a civil dispute
1.1 Chapter overview
1.2 Introduction: the dispute resolution continuum
1.3 Arbitration
1.4 Mediation
1.5 Litigation
Chapter 1 revision points
Multiple-choice question for Part 1
Part 2: Pre-action considerations and steps
Chapter 2 Resolving a dispute through a civil claim: Preliminary considerations: limitation, pre-action protocols
2.1 Chapter overview
2.2 Introduction: pre-action considerations
2.3 Parties and causes of action
2.4 Calculating limitation periods for claims in contract and tort
2.5 Practice Direction – pre-action conduct
2.6 Principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow terms
2.7 Applicable law: mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales
2.8 Funding litigation
2.9 Basic charging agreements
2.10 Conditional fee agreements (CFAs)
2.11 Legal expenses insurance
2.12 Contingency fees or damages-based agreement
2.13 Third-party funding
2.14 Public funding
Chapter 2 revision points
Multiple-choice questions for Part 2
Part 3: Commencing, responding to, or progressing a claim
Chapter 3 Where to start proceedings
3.1 Chapter overview
3.2 Introduction: choice of court
3.3 Allocation of business between the High Court and the County Court
3.4 Jurisdiction of the specialist courts
3.5 The specialist courts
Chapter 3 revision points
Chapter 4 Issuing and serving proceedings
4.1 Chapter overview
4.2 Introduction: issuing and serving proceedings
4.3 Issuing a claim form
4.4 Adding or substituting parties
4.5 Service of the claim form within the jurisdiction – methods of service
4.6 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
4.7 Deemed dates of service and time limits for serving proceedings
4.8 Extending time for service of the claim form
Chapter 4 revision points
Chapter 5 Responding to a claim
5.1 Chapter overview
5.2 Introduction: responding to a claim
5.3 Time limits for responding to a claim
5.4 Admitting the claim
5.5 Acknowledging service and filing a defence and/or counterclaim
5.6 Disputing the court’s jurisdiction
5.7 Entering judgment in default
5.8 Discontinuance and settlement
5.9 Case management and ADR
5.10 Discontinuance and abandonment
Chapter 5 revision points
Multiple-choice questions for Part 3
Part 4: Case management and any interim applications relevant to a claim
Chapter 6 Case management
6.1 Chapter overview
6.2 Introduction: case management
6.3 Case management and the overriding objective
6.4 Track allocation
6.5 Allocation to track and case management directions
6.6 The case management conference and costs
6.7 Non-compliance with orders, sanctions, and relief
Chapter 6 revision points
Chapter 7 Interim applications
7.1 Chapter overview
7.2 Introduction: interim applications
7.3 Procedure for making an application
7.4 Purpose, procedure, and evidence required for particular applications
7.5 Interim costs generally
Chapter 7 revision points
Multiple-choice questions for Part 4
Part 5: The evidence needed and disclosure steps required in commencing, responding to, progressing, or defending a claim
Chapter 8 Evidence
8.1 Chapter overview
8.2 Introduction: evidence
8.3 Relevance, hearsay, and admissibility
8.4 The burden and standard of proof
8.5 Opinion evidence
8.6 Expert evidence
8.7 Witness evidence
Chapter 8 revision points
Chapter 9 Disclosure and inspection
9.1 Chapter overview
9.2 Introduction: disclosure and inspection
9.3 The disclosure report
9.4 Electronic disclosure
9.5 Standard disclosure
9.6 Privilege and without prejudice communications
9.7 Orders for specific disclosure
9.8 Pre-action and non-party disclosure
Chapter 9 revision points
Multiple-choice questions for Part 5
Part 6: Preparation of a case for a trial, the trial, and any post-trial steps
Chapter 10 Trial
10.1 Chapter overview
10.2 Introduction: preparing a case for trial
10.3 Pre-trial checklists and listing
10.4 Summoning witnesses
10.5 Trial bundles
10.6 Trial procedure
10.7 The nature and effect of judgment
Chapter 10 revision points
Chapter 11 Appeals
11.1 Chapter overview
11.2 Introduction: appeals
11.3 Permission
11.4 Procedure for an appeal
11.5 Destination of appeals
11.6 Grounds for appeals
11.7 Appealing to the Court of Appeal: special provisions
Chapter 11 revision points
Chapter 12 Enforcement
12.1 Chapter overview
12.2 Introduction: enforcement
12.3 Obtaining information from the judgment debtor
12.4 Interest on judgment debts
12.5 Methods of enforcement
12.6 Enforcement of foreign judgments
Chapter 12 revision points
Multiple-choice questions for Part 6
Part 7: Procedures and processes relevant to costs involved in dispute resolution
Chapter 13 Costs
13.1 Chapter overview
13.2 Introduction: costs
13.3 Costs management and budgeting
13.4 Basis of assessment
13.5 Inter-partes costs orders (interim and final)
13.6 Non-party costs
13.7 Qualified one-way costs shifting
13.8 Part 36 and other offers
13.9 Security for costs
13.10 Fixed and assessed costs
Chapter 13 revision points
Multiple-choice questions for Part 7
Chapter 14 Answers to multiple-choice questions
14.1 Chapter overview
14.2 Part 1: Different options for dispute resolution
14.3 Part 2: Pre-action considerations and steps
14.4 Part 3: Commencing, responding to, or progressing a claim
14.5 Part 4: Case management and any interim applications relevant to a claim
14.6 Part 5: The evidence needed and disclosure steps required in commencing, responding to, progressing, or defending a claim
14.7 Part 6: Preparation of a case for a trial, the trial, and any post-trial steps
14.8 Part 7: Procedures and processes relevant to costs involved in dispute resolution
Index