100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary SQE 1- Dispute Resolution Revision Notes (FLK 1) CA$18.30   Add to cart
Quickly navigate to
Preview
  2.  
  3. SQE1
  4.  
  5. SQE1
  6.  
  7. SQE1

Summary

Summary SQE 1- Dispute Resolution Revision Notes (FLK 1)

2 reviews
 62 views  0 purchase
  • Course
  • SQE1
  • Institution
  • SQE1

Summarises everything you need to know for Dispute Resolution. Carefully curated summary notes, aligned precisely with SRA guidelines, comprehensive and also tailored to the specifics of the SQE exam. Organised meticulously by sections and sections and subsections following SRA specifications.

Last document update: 10 months ago

Preview 3 out of 29  pages

Document information

  • January 4, 2024
  • January 12, 2024
  • 29
  • 2023/2024
  • Summary

Subjects

  • sqe
  • sqe 1
  • sqe1
  • flk
  • flk 1
  • flk1
  • dispute resolution
  • dr

Written for

  • SQE1
  • SQE1
  • SQE1
All documents for this subject (155)

2  reviews

review-writer-avatar

By: iliasusamira • 4 months ago

reply-writer-avatar

By: emmav1 • 4 months ago

Thank you!

review-writer-avatar

By: annamagee • 10 months ago

Seller

avatar-seller
emmav1

Reviews received

Content preview

Dispute Resolution
Table of Contents
Different options for dispute resolution:...................................................................................................1
Resolving a dispute through a civil claim:.................................................................................................2
Where to start proceedings:.....................................................................................................................7
Issuing and serving proceedings:..............................................................................................................7
Responding to a claim:............................................................................................................................11
Statements of case:................................................................................................................................14
Interim applications:...............................................................................................................................15
Case management:.................................................................................................................................17
Evidence:................................................................................................................................................19
Disclosure and inspection:......................................................................................................................20
Trial:.......................................................................................................................................................23
Costs:......................................................................................................................................................25
Appeals:.................................................................................................................................................27
Enforcement of money judgments:.........................................................................................................28


Different options for dispute resolution:
The characteristics of arbitration, mediation and litigation which make them an
appropriate mechanism to resolve a dispute
Litigation
- Only available as a last resort
- Negotiation and settlement can happen at any time
- Negotiations discussions are conducted without prejudice and are privileged

Alternative Dispute Resolution
- CPR dictate ADR and Litigation practice
- Lawyers have a duty to make clients aware of ADR
- ADR is voluntary but it is unacceptable for a party to fail to respond to an ADR request
o The failing party must give reasons
o If they fail to give reasons, the court can penalise them in respect of costs (most commonly
through an order to pay the other party’s legal costs, wholly or partly, irrespective of who wins
the claim)
- Even once proceedings have begun, the parties can always consider ADR

Arbitration
- Commonly used for large value complex contracts and international commercial agreements
o More easily enforceable internationally than litigations
- Contracts may state that parties will use arbitration to settle disputes
- Decision of arbitrator is final and can be enforced
- Once the parties agree to arbitrate they must follow the process unless both parties agree to another
method
- Very limited methods of appeal

,Mediation
- Informal, confidential and voluntary
- Rules of evidence do not apply, the parties can bring up feelings etc.
- Non-binding until a final written settlement agreement has been signed
- Can occur at any time before or during proceedings

Litigation Mediation Arbitration
Voluntary N Y Y (but often contractual)
Binding Y (subject to appeal) Enforceable by Y
settlement contracts
Who decides outcome Judge Chosen 3rd party Specialist arbitrator
Formal proceedings Y N Y
Evidence rules Strict N Statements of case,
written submissions,
documents
Imposed outcome Y Mutually accepted Y
Public Y N N



Resolving a dispute through a civil claim:
Preliminary Considerations: limitation, pre-action protocols:
Limitations
Claim type Limitation period
Longstop for latent defects 15 years
Breach of contract 6 years
Tort 6 years
Personal injury 3 years
Fatal accident claims 3 years
Defamation 1 year
Unfair dismissal 3 months


Pre-action Protocols
Practice Direction
- Used where there is no specific pre-action protocol already existing

Personal Injury Protocol (not for clinical negligence)
- For fast track claims (up to £25k)
- Letter of claim must include:
o Summary of the facts
o Details of injuries and their impact on claimant’s life
o Hospital attended and a reference number
o Indication of financial losses
o (for road traffic accidents, an indication if a police report is available and any documents to be
relied on, documents in the defendant’s possession should be given within 21 days)
- Defendant’s response within 21 days, if not response is given, claimant can begin proceedings
- After giving a response, defendant has 3 months to investigate the claim and admit/deny liability
- Claimant sends a list of possible experts to defendant who has 14 days to agree/disagree
- If protocol fails to achieve a settlement, proceedings can be issues at least 21 days after failure

, Construction and Engineering Protocol
- Can be disapplied by the parties by agreements

Sanctions for Non-Compliance
- ordering the non-compliant party to pay the costs of the other
- If the non-compliant party is the claimant, court may deprive them of interest / restrict the rate or
period of interest

Stay of Proceedings
- Done to allow the practice direction or a particular step to be complied with

When to Issue Proceedings before Pre-Action Protocol is Complete
- When the end of the limitation period is close and it is necessary to issue proceedings to avoid the
claim becoming statute barred
- Where a court order is required to protect / preserve evidence or assets
- Where there is concern that the defendant may seek to issue proceedings in another country to avoid
jurisdiction

Pre-Action Applications
- It may be appropriate to make an application to the court for pre-action disclosure if it would be
necessary for full investigation, the criteria are:
o Respondent is likely to be a party to proceedings
o Applicant is likely to be a party to proceedings
o Documents, or classes of documents, requested would be disclosed under standard disclosure
rules
o Disclosure now would assist in fairly disposing of the claim without the need to issue proceedings
and save costs
- Pre-disclosure applications can be brought against someone who isn’t a party but only if it will support
the claim or adversely affect the opponents argument and is necessary to dispose of the matter fairly
or to save costs

Pre-Action Inspection of Property
- Must be able to show:
o The property is or may become the subject matter of proceedings, or
o It is relevant to the issues that will arise in relation to those proceedings

Parties and Causes of Action
- Parties in a civil case are referred to as Claimant and Defendant
- In any pre-action or interim application, parties are referred to as Applicant and Respondent
- In any appeal, appealing party is referred to as Appellant
- Civil causes of action include all those causes of action that fall outside of criminal law jurisdiction

Calculating Limitation Periods for Claims in Contract and Tort
Tort
- Time begins running from date of tortuous damage
- If claimant’s injuries are not immediately apparent, time begins when they first gain knowledge of their
injuries
o Date of knowledge = date when the claimant had knowledge of all the facts establishing all
essential elements of a claim

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller emmav1. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$18.30. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

81113 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
CA$18.30
  • (2)
  Add to cart