Uni of Law 2018/2019
Dispute Resolution Prep & Workshop Notes
Workshop 1: Pre-Action Steps
- What pre-action steps are
- Case Analysis
- ADR
- Funding
An Overview of Civil Claim
Stage 1: Pre-commencement of proceedings
- Identify client’s objectives
- Identify all potential defendants
- Collect Evidence
- Explain Costs
- Figure out limitation period and jurisdiction
- Consider best form of dispute resolution
- Pre-action protocol governs steps before commencing litigation
- Consider ADR
- Letter Before Claim: details claims to defendant
- Letter of response: whether liability is admitted/ addresses ADR
Stage 2: Commencement of Claim
- Particulars of claim form is served on defendant
- Defendant files at court and serves defence on claimant
- Triggers in County Court allocation to a track eg small claims track up to £10k.
Stage 3: Interim Matters
- The court manages the case eg strict timetable and instructions to parties.
- Multi-track cases (>£100k) there is case management conference. Usually directed to:
o Standard disclosure: all documents in support of case are revealed
o Exchange of evidence: reports/ witness statements
- Cost management is also undertaken by court.
- Parties can also apply to court for any specific orders that might be required eg force an
opponent to do a step.
Stage 4: Trial
- Small claims is informal otherwise formal rules of evidence apply to fast and multitrack
cases.
1
Dispute Resolution Prep & Workshop Notes
Workshop 1: Pre-Action Steps
- What pre-action steps are
- Case Analysis
- ADR
- Funding
An Overview of Civil Claim
Stage 1: Pre-commencement of proceedings
- Identify client’s objectives
- Identify all potential defendants
- Collect Evidence
- Explain Costs
- Figure out limitation period and jurisdiction
- Consider best form of dispute resolution
- Pre-action protocol governs steps before commencing litigation
- Consider ADR
- Letter Before Claim: details claims to defendant
- Letter of response: whether liability is admitted/ addresses ADR
Stage 2: Commencement of Claim
- Particulars of claim form is served on defendant
- Defendant files at court and serves defence on claimant
- Triggers in County Court allocation to a track eg small claims track up to £10k.
Stage 3: Interim Matters
- The court manages the case eg strict timetable and instructions to parties.
- Multi-track cases (>£100k) there is case management conference. Usually directed to:
o Standard disclosure: all documents in support of case are revealed
o Exchange of evidence: reports/ witness statements
- Cost management is also undertaken by court.
- Parties can also apply to court for any specific orders that might be required eg force an
opponent to do a step.
Stage 4: Trial
- Small claims is informal otherwise formal rules of evidence apply to fast and multitrack
cases.
1
