Exam (elaborations)
SYLLABUS
SYLLABUS FOR CIVIL LITIGATION
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Civil litigation:Bar Training syllabus and curriculum
2022-2023
Syllabus Texts
‘Civil Procedure’ (the White Book) 2022
The Jackson ADR Handbook (Third Edition, 2021)
,Introduction
The syllabus for the centrally set assessments in Civil Litigation is based on the principle that
the Civil Litigation course should prepare students for pupillage and the early years of
practice at the Civil Bar, and that the syllabus should focus upon the fundamental principles,
key rules and core elements of civil litigation and civil dispute resolution.
The Civil Litigation syllabus is assessed in two papers. Paper 1 is a closed book assessment,
covering all topic areas of the extended syllabus. Paper 2 is an open book assessment, again
covering all topic areas of the extended syllabus, into which candidates are able to take
Volumes 1 and 2 of ‘Civil Procedure’ (the White Book).
The syllabus makes clear what material may be examinable in both Papers 1 and 2 and is
derived from Volumes 1 and 2 of ‘Civil Procedure’ (the White Book) 2022, and (for Paper 1
only) The Jackson ADR Handbook (Third Edition, 2021) Oxford University Press.
It should be noted that the cut-off date for syllabus content is 6 April 2022, the date to
which the material in the White Book 2022 is up to date. Students assessed on the current
syllabus will not be tested upon material appearing in the White Book 2022 Supplements.
Marc Howe, Oxford Brookes University
Philip Turton, Ropewalk Chambers
4 July 2022
2
,Required Content for the Centrally Set Assessments in Civil Litigation 2022-
2023
1 General Matters
1. the allocation of business between the High Court and County Courts
2. the overriding objective
3. the duty of the court to manage cases
4. general principles of Alternative Dispute Resolution (ADR)
5. timing the use of ADR
Examinable Material
1. Examinable material on the allocation of business between the High Court and County
Courts will consist of where to start proceedings. The relevant material is addressed in
CPR 7.1; and PD7A paragraphs 1 and 2.1-2.5.
2. Examinable material on the overriding objective will consist of the overriding objective;
application by the court of the overriding objective; and the duty of the parties to help
the court to further the overriding objective. The relevant material is addressed in CPR
1.1-1.3.
3. Examinable material on the duty of the court to manage cases will consist of the duty of
the court to manage cases; encouraging co-operation between parties; helping parties
to settle; and encouraging the use of alternative dispute resolution (ADR) procedure.
The relevant material is addressed in CPR 1.4; and the commentary on the overriding
objective at paragraphs 1.4.4, 1.4.9 and 1.4.11 of Volume 1 of 'Civil Procedure' (the
White Book) 2022.
4. Examinable material on general principles of Alternative Dispute Resolution (ADR) will
consist of general principles of ADR; compulsion to use ADR; motivations for the use of
ADR; criteria for the selection of an ADR option; when ADR may not be appropriate;
roles and responsibilities of lawyers and parties in ADR; duties under the Civil Procedure
Rules; the role of a lawyer in advising on ADR; authority to settle; the approach of the
courts to ADR; judicial encouragement of ADR; whether the courts can compel the
parties to use ADR; case management powers and ADR; directions questionnaires and
ADR; granting stays for ADR; sanctions for refusing to engage in ADR processes;
unreasonable refusal to consider ADR; other factors considered by the court; the
claimant’s failure to initiate ADR processes; silence in the face of an invitation to use
ADR; and practical steps which should be taken by a party to avoid sanctions. The
relevant material is addressed in paragraphs 1.22-23; 2.30-2.61; 4.02-4.03, 4.07-4.08;
9.05, 9.06-9.07, 9.11-9.12, 9.20, 9.22-9.25; and 11.07-11.23, 11.34-11.37, 11.59-11.61,
and 11.63-11.64 of The Jackson ADR Handbook (Third Edition, 2021). Students should
also be able to refer to the following specific leading case authority by name: Halsey.
3
, 5. Examinable material on timing the use of ADR will consist of timing the use of ADR in
relation to the progress of a case; procedural factors relevant to timing; the use of ADR
at an interim stage; and practical factors relevant to timing. The relevant material is
addressed in paragraphs 3.04-3.11, 3.14-3.16, and 3.24-3.34 of The Jackson ADR
Handbook (Third Edition, 2021).
Explanatory material which will NOT be assessed
To complement understanding of the examinable material set out above, students may find
it helpful to be familiar with paragraphs 1.01-1.10; 2.02-2.24; 2.27; and 11.01-11.03 of The
Jackson ADR Handbook (Third Edition, 2021)
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