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