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Dispute Resolution
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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
Limitation periods
Parties to a claim
Cause of action
Pre-action procedure
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
