Summary W3 AND W4 FINAL NOTES - DISPUTE RESOLUTION - MARCH 2024 - CIVIL LITIGATION
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Course
Dispute Resolution
Institution
University Of Law (ULaw)
Exam Ready Notes for CORE Module 'Dispute Resolution'!
Civil Litigation Notes for Workshops 3 and 4 of the Dispute Resolution Module on the Legal Practice Course (LPC) at the University of Law.
These notes were used for the March 2023 exams, where I achieved a Distinction!
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DR WS 3 & 4
Statements of case, service of documents, and judgment in default
Commencing proceedings
Choice of court
In some cases, the client will have a choice as to the court in which to start proceeding.
What court? Value of claim
High Court PD 7A, para 2.1: If the value of the claim is more than £100,000, can
opt to start here
PD 7A, para 2.4: having regard to… value of claim and/or complexity
of facts, legal issues, remedies or procedures and/or the importance
of the outcome.
Division:
Likely to be the Queen’s Bench Division:
Queen’s Bench Division:
Claims for breach of contract or tort.
Chancery Division:
Commercial claims e.g. trusts, claims about land, landlord and
tenant disputes, contentious probate, intellectual property, if
seeking an equitable remedy such as specific performance.
Family Division
County Court Unlimited jurisdiction to hear all tort and contract cases
If value less than £100,000, must start here
If more than £100,000, can choose here or High Court
1 Is the value for more than the £100k threshold set out in PD 7A para 2.1?
a. No → County Court.
b. Yes → Choose County Court or High Court.
2 PD 7A para 2.4 says you should consider whether the claim ought to be dealt with by a High Court judge due
to:
a. Financial value (is it well over 100k or only just?);
b. The complexity (are expert witnesses required?); and/or
c. The importance to the public.
1
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