Dispute Resolution – SEQUENTUS

Different options for dispute resolution 7 Topics

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Arbitration

Mediation

Litigation

Expert Neutral Evaluation

Early Neutral Evaluation

Conciliation

Considering pre-action ADR

Preliminary considerations – limitation, pre-action protocols 11 Topics

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An overview of a civil claim

Resolving a dispute through a civil claim

Pre-action protocols governing particular types of claims

Compliance with the pre-action protocols

Applicable law

Jurisdiction (international)

General principles

Where to start proceedings 2 Topics

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allocation of business between the High Court and the county court

jurisdiction of the specialist courts

Issuing and serving proceedings 7 Topics

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issuing a claim form

adding, removing or substituting parties

service of a claim form within the jurisdiction

procedure for service of a claim form outside the jurisdiction

deemed dates of service and time limits for serving proceedings

service by an alternative method

Part 8 Claims

Responding to a claim 8 Topics

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Admitting a claim

acknowledging service and filing a defence and/or counterclaim

disputing the court’s jurisdiction

entering and setting aside judgment in default

discontinuance and settlement

time limits for responding to a claim

Counterclaims

Contribution and indemnity

Statements of case 5 Topics

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purpose, structure and content of a claim form, particulars of claim, or defence

particulars of claim

purpose, structure and content of a reply

requests for further information about statements of case

amendments

Interim applications 5 Topics

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procedure for making an application

summary judgment applications

interim payment applications

interim injunction applications

default judgment

Case managmement 6 Topics

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the overriding objective and case management

track allocation

case management directions for cases proceeding on the fast or multi-tracks

costs management

non-compliance with orders, sanctions and relief

costs and case management conferences

Evidence 9 Topics

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the burden and standard of proof in civil cases

relevance, hearsay and admissibility

expert evidence in civil cases

expert evidence – opinion

expert evidence – duties of experts

single joint experts

discussion between experts

witness evidence – witness statements

witness evidence – affidavits

Disclosure and inspection 10 Topics

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disclosure in small claims

disclosure on the multitrack

standard disclosure

orders for disclosure

specific disclosure

pre-action and non-party disclosure

electronic disclosure

privilege and without prejudice communications

waiver of privilege

Inspection

Trial 5 Topics

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summoning witnesses

preparations for trial – purpose of pre-trial checklists and hearings

preparations for trial – purpose of trial bundles

trial procedure

the nature and effect of judgment

Costs 8 Topics

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Costs – an introduction

costs management and budgeting

inter-partes costs orders

non-party costs

qualified one-way costs shifting

Part 36 and other offers

security for costs

fixed and assessed costs

Appeals (civil cases) 3 Topics

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permission

destination of appeals

grounds for appeal in civil cases

Enforcement of money judgments 3 Topics

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oral examination

methods of enforcement

enforcement in another jurisdiction

Extra materials 1 Topic

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DR notes

Dispute Resolution Assessment

Course Content