DISPUTE RESOLUTION
Apply to the October 2026 SQE2 sitting onwards. Anything that changes for a later sitting is flagged where it comes up.
KEY TO THESE NOTES
Legislation · Defined term · Red text = key point to remember · EXAM TRAP boxes = common mistakes · PENDING = announced or
passed but not yet in force – not examinable
CONTENTS
DIFFERENT OPTIONS FOR DISPUTE RESOLUTION.............................................................................................................................................. 2
CIVIL PROCEDURE TIMELINE.................................................................................................................................................................................4
RESOLVING A DISPUTE THROUGH A CIVIL CLAIM.............................................................................................................................................. 5
WHERE TO START PROCEEDINGS........................................................................................................................................................................ 7
ISSUING AND SERVING PROCEEDINGS................................................................................................................................................................ 8
RESPONDING TO A CLAIM................................................................................................................................................................................... 10
STATEMENTS OF CASE........................................................................................................................................................................................13
INTERIM APPLICATIONS.......................................................................................................................................................................................19
CASE MANAGEMENT...........................................................................................................................................................................................22
EVIDENCE............................................................................................................................................................................................................. 27
DISCLOSURE AND INSPECTION..........................................................................................................................................................................29
TRIAL.....................................................................................................................................................................................................................32
COSTS...................................................................................................................................................................................................................33
APPEALS - CPR PART 52.....................................................................................................................................................................................38
ENFORCEMENT OF MONEY JUDGMENTS..........................................................................................................................................................39
CORE PRINCIPLES OF TORT................................................................................................................................................................................42
NEGLIGENCE........................................................................................................................................................................................................ 42
NUISANCE............................................................................................................................................................................................................ 50
CORE PRINCIPLES OF CONTRACT LAW............................................................................................................................................................. 52
CONTRACT TERMS..............................................................................................................................................................................................53
VITIATING FACTORS............................................................................................................................................................................................54
REMEDIES............................................................................................................................................................................................................. 57
NUMBERS TO REMEMBER................................................................................................................................................................................... 58
1
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
, DIFFERENT OPTIONS FOR DISPUTE RESOLUTION - Will be ‘without prejudice’ so nothing said can later be shown
to the trial judge
THE CHARACTERISTICS OF ARBITRATION, MEDIATION AND - Means can be open and frank in mediation hearings
LITIGATION WHICH MAKE THEM AN APPROPRIATE MECHANISM - What is said in mediation is without prejudice and
TO RESOLVE A DISPUTE. confidential. Costs sanctions normally attach to an
unreasonable refusal of, or failure to engage in, ADR – not
ARBITRATION: substitute for litigation. Once a party agrees to be to how the mediation itself went (CPR 44.2(5)(e)).
subject to it, cannot take advantage of normal court process.
Advantages Disadvantages
Arises in two ways: Cost and speed Disclosure
1. Parties may be contractually bound to use arbitration i.e. with
a clause in contract Significantly cheaper than Because there are no formal
2. In absence of such clause, parties may agree once dispute both arbitration and procedures for disclosure of
has arisen. litigation, mainly because documents and evidence,
process is quicker, but there is a risk parties may
Procedure: remember still not cheap! resolve dispute without
o Dispute is referred to an independent arbitrator. knowing all facts.
o This person, professional or trade body may be referred to in Flexibility Privacy
contract, or parties can choose.
o Once a third party has reached decision, the decision is Parties can choose If client requires public
binding. procedure to be followed. vindication, i.e. to ensure any
No legal requirements and damage to reputation is
Enforcement: no need to comply with repaired, privacy is
o Once decision has been reached, winning party can apply to any statute. disadvantage.
the court (High Court or county court – s.105 Arbitration Act Privacy Enforcement
1996) under s.66 of the Arbitration Act 1996 for permission
to enforce arbitration award as if it was a court judgment. Takes place in private, so Even if agreement is reached,
clients, customers and not automatically binding.
Arbitration Act 2025 (in force 1 August 2025, amending the 1996 public unaware of both BUT, if parties agree to terms
Act): the law of the seat governs the arbitration agreement unless dispute and outcome. of mediation, can enter into a
the parties expressly choose otherwise; tribunals can make contract and then can be
summary awards where a claim or defence has no real prospect of sued for breach if either party
success; arbitrators have a statutory duty to disclose does not carry out its part.
circumstances that might give rise to doubts about their Preserving business May waste time and money
impartiality. relationship
Only effective if both parties
Advantages Disadvantages Ideal where parties will genuinely intend to resolve.
Likely to be quicker than Dispute may not receive the need to continue to deal
going to court, may be depth of investigation it with one another. They
cheaper would receive in the courts have chosen a non-
(depending on procedures). confrontational method of
Procedures are less formal Tribunal’s coercive powers solving problem which
are limited – e.g. it cannot makes it easier to
bind third parties, and urgent continue relationship, as
interim relief may still need solution is theirs and
the court (s.44 Arbitration hasn’t been imposed upon
Act 1996). them.
Decision is made by an Unlikely to be a cheap Commercial reality Although commercial
impartial third party who has alternative, as arbitration resolution, may not be legally
expertise in the matter. expert or panel will need to A third party unconnected correct and one party may
be paid. Parties will want to with dispute may be able feel injustice.
be represented by lawyers, to assist parties to arrive
especially if amount sought at realistic and workable
is high. terms of settlement. Could
Remains confidential – takes Just as contentious and include arrangements
place in private adversarial as court court could not order, e.g.
proceedings discount on future orders.
Solutions reached are often No precedent value Ability to withdraw Ability to withdraw
more practical than court has
power to order If client unhappy, can If client unhappy, can
Decision is binding Decision is binding – could withdraw at any time and withdraw at any time and
be good or bad for the can proceed with litigation proceed with litigation. Waste
client. process. of time/money.
Once party agrees to
arbitration, cannot take LITIGATION: legal action that will proceed through the court
advantage of normal court system. Litigation requires parties to comply with the formal rules
process. (CPR – Civil Procedure Rules) surrounding procedures and
evidence. Judge is one making final decision over dispute.
MEDIATION: informal dispute resolution process where decision
is made by the parties with assistance of neutral third party without Can court order parties to be engaged in ADR? YES
looking at the merits of the case. CHURCHILL V MERTHYR TYDFIL CBC COURT CAN ORDER
PARTIES TO ENGAGE IN ADR provided that the order made does
2
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
,not impair the very essence of the C’s right to proceed to a judicial - the court may order the parties to engage in ADR (CPR
hearing, and is proportionate to achieving the legitimate aim of 3.1(2)(o)) and must consider ordering or encouraging
settling the dispute fairly, quickly and at a reasonable cost. ADR when giving directions
- failing to comply with an ADR order or unreasonably
ADR in the CPR (from 1 October 2024): failing to engage in ADR is a costs factor (CPR 44.2(5)
- the overriding objective includes promoting or using ADR (e)).
(CPR 1.1(2)(f))
3
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
, CIVIL PROCEDURE TIMELINE Stage 4: Preparing for Trial
12. Case Management Directions
o Issued by the court: sets out timetable for:
Stage 1: Pre-Issue Stage
1. Pre-Action Protocols
Disclosure
o Comply with relevant Pre-Action Protocol (e.g. Witness statements
Letter of Claim).
Expert evidence
o Parties should attempt ADR, consider Trial preparation
13. Disclosure & Inspection
settlement, and make/consider Part 36 offers.
o Standard disclosure unless otherwise ordered.
Stage 2: Issuing to Defence o Form N265 used.
2. Issue of Claim Form 14. Exchange of Witness Statements
o Claimant issues claim and serves on Defendant o In accordance with directions.
within 4 months (or 6 months if served outside o Usually simultaneous exchange.
E&W). 15. Exchange of Expert Reports (if permission granted)
3. Particulars of Claim (PoC) o Single joint expert unless court allows party
o May be served with the Claim Form or experts.
separately within 14 days of service of the o May be followed by expert meetings and joint
Claim Form. statements.
o But no later than 4 months from issue of the 16. Pre-Trial Checklist (Listing Questionnaire)
Claim Form. o Filed by date set in directions (usually 8–10
4. Acknowledgement of Service (AoS) weeks before trial).
o Defendant must file AoS within 14 days after o Confirms readiness for trial.
service of PoC if they need extra time (extends
Defence deadline to 28 days after service of Stage 5: Final Stages
PoC). 17. Pre-Trial Review (PTR) (multi-track only, if ordered)
5. Defence o Typically held 2–4 weeks before trial.
o Must be filed within: o Ensures directions complied with.
14 days of PoC if no AoS; OR 18. Trial
28 days after service of PoC if AoS o Oral evidence presented; judge gives judgment
was filed. either at hearing or reserved.
o Defendant may also admit the claim in full or 19. Judgment & Orders
part. o May include costs, interest, and payment
6. Judgment in Default deadlines.
o Claimant may request default judgment if no o CPR 44 (Costs) applies.
Defence or AoS filed in time. 20. Appeal
o Permission required unless automatic right
Stage 3: Case Management
applies.
7. Notice of Proposed Allocation
o Appellant’s notice within 21 days of the decision
o Sent with Directions Questionnaire (DQ) after
(CPR 52.12).
Defence filed.
21. Enforcement (if judgment unpaid)
8. Directions Questionnaire
o Options include:
o Must be filed by both parties.
Warrant of Control (via County Court
o Triggers court allocation to a track (Small / Bailiff)
Fast / Intermediate / Multi).
Charging Order
9. Track Allocation
o Claim allocated based on value and complexity. Third Party Debt Order
Attachment of Earnings Order
o Small Track: ≤ £10,000 (PI: general damages ≤ High Court Enforcement Officer
£1,500; RTA PI ≤ £5,000, or ≤ £1,000 in CPR
(county court judgments of £600 or
26.10 cases; housing disrepair: repairs ≤
more can be transferred to the High
£1,000 and other damages ≤ £1,000)
Court for enforcement)
o Fast Track: £10,000–£25,000
o Intermediate Track: > £25,000–£100,000 (trial
≤ 3 days)
o Multi Track: > £100,000 or complex claims
10. Case Management Conference (CMC) (multi-track; may
also be fixed on the intermediate track)
o Directions and costs budgeting addressed.
11. Costs Budgeting – Precedent H (multi-track claims)
o Value < £50k: file budget with the DQ
o Value £50k or more: file no later than 21 days
before the first CMC (first page of Precedent H
only if costs ≤ £25k or value < £50k)
o File budget discussion report 7 days before
CMC
4
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
Apply to the October 2026 SQE2 sitting onwards. Anything that changes for a later sitting is flagged where it comes up.
KEY TO THESE NOTES
Legislation · Defined term · Red text = key point to remember · EXAM TRAP boxes = common mistakes · PENDING = announced or
passed but not yet in force – not examinable
CONTENTS
DIFFERENT OPTIONS FOR DISPUTE RESOLUTION.............................................................................................................................................. 2
CIVIL PROCEDURE TIMELINE.................................................................................................................................................................................4
RESOLVING A DISPUTE THROUGH A CIVIL CLAIM.............................................................................................................................................. 5
WHERE TO START PROCEEDINGS........................................................................................................................................................................ 7
ISSUING AND SERVING PROCEEDINGS................................................................................................................................................................ 8
RESPONDING TO A CLAIM................................................................................................................................................................................... 10
STATEMENTS OF CASE........................................................................................................................................................................................13
INTERIM APPLICATIONS.......................................................................................................................................................................................19
CASE MANAGEMENT...........................................................................................................................................................................................22
EVIDENCE............................................................................................................................................................................................................. 27
DISCLOSURE AND INSPECTION..........................................................................................................................................................................29
TRIAL.....................................................................................................................................................................................................................32
COSTS...................................................................................................................................................................................................................33
APPEALS - CPR PART 52.....................................................................................................................................................................................38
ENFORCEMENT OF MONEY JUDGMENTS..........................................................................................................................................................39
CORE PRINCIPLES OF TORT................................................................................................................................................................................42
NEGLIGENCE........................................................................................................................................................................................................ 42
NUISANCE............................................................................................................................................................................................................ 50
CORE PRINCIPLES OF CONTRACT LAW............................................................................................................................................................. 52
CONTRACT TERMS..............................................................................................................................................................................................53
VITIATING FACTORS............................................................................................................................................................................................54
REMEDIES............................................................................................................................................................................................................. 57
NUMBERS TO REMEMBER................................................................................................................................................................................... 58
1
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
, DIFFERENT OPTIONS FOR DISPUTE RESOLUTION - Will be ‘without prejudice’ so nothing said can later be shown
to the trial judge
THE CHARACTERISTICS OF ARBITRATION, MEDIATION AND - Means can be open and frank in mediation hearings
LITIGATION WHICH MAKE THEM AN APPROPRIATE MECHANISM - What is said in mediation is without prejudice and
TO RESOLVE A DISPUTE. confidential. Costs sanctions normally attach to an
unreasonable refusal of, or failure to engage in, ADR – not
ARBITRATION: substitute for litigation. Once a party agrees to be to how the mediation itself went (CPR 44.2(5)(e)).
subject to it, cannot take advantage of normal court process.
Advantages Disadvantages
Arises in two ways: Cost and speed Disclosure
1. Parties may be contractually bound to use arbitration i.e. with
a clause in contract Significantly cheaper than Because there are no formal
2. In absence of such clause, parties may agree once dispute both arbitration and procedures for disclosure of
has arisen. litigation, mainly because documents and evidence,
process is quicker, but there is a risk parties may
Procedure: remember still not cheap! resolve dispute without
o Dispute is referred to an independent arbitrator. knowing all facts.
o This person, professional or trade body may be referred to in Flexibility Privacy
contract, or parties can choose.
o Once a third party has reached decision, the decision is Parties can choose If client requires public
binding. procedure to be followed. vindication, i.e. to ensure any
No legal requirements and damage to reputation is
Enforcement: no need to comply with repaired, privacy is
o Once decision has been reached, winning party can apply to any statute. disadvantage.
the court (High Court or county court – s.105 Arbitration Act Privacy Enforcement
1996) under s.66 of the Arbitration Act 1996 for permission
to enforce arbitration award as if it was a court judgment. Takes place in private, so Even if agreement is reached,
clients, customers and not automatically binding.
Arbitration Act 2025 (in force 1 August 2025, amending the 1996 public unaware of both BUT, if parties agree to terms
Act): the law of the seat governs the arbitration agreement unless dispute and outcome. of mediation, can enter into a
the parties expressly choose otherwise; tribunals can make contract and then can be
summary awards where a claim or defence has no real prospect of sued for breach if either party
success; arbitrators have a statutory duty to disclose does not carry out its part.
circumstances that might give rise to doubts about their Preserving business May waste time and money
impartiality. relationship
Only effective if both parties
Advantages Disadvantages Ideal where parties will genuinely intend to resolve.
Likely to be quicker than Dispute may not receive the need to continue to deal
going to court, may be depth of investigation it with one another. They
cheaper would receive in the courts have chosen a non-
(depending on procedures). confrontational method of
Procedures are less formal Tribunal’s coercive powers solving problem which
are limited – e.g. it cannot makes it easier to
bind third parties, and urgent continue relationship, as
interim relief may still need solution is theirs and
the court (s.44 Arbitration hasn’t been imposed upon
Act 1996). them.
Decision is made by an Unlikely to be a cheap Commercial reality Although commercial
impartial third party who has alternative, as arbitration resolution, may not be legally
expertise in the matter. expert or panel will need to A third party unconnected correct and one party may
be paid. Parties will want to with dispute may be able feel injustice.
be represented by lawyers, to assist parties to arrive
especially if amount sought at realistic and workable
is high. terms of settlement. Could
Remains confidential – takes Just as contentious and include arrangements
place in private adversarial as court court could not order, e.g.
proceedings discount on future orders.
Solutions reached are often No precedent value Ability to withdraw Ability to withdraw
more practical than court has
power to order If client unhappy, can If client unhappy, can
Decision is binding Decision is binding – could withdraw at any time and withdraw at any time and
be good or bad for the can proceed with litigation proceed with litigation. Waste
client. process. of time/money.
Once party agrees to
arbitration, cannot take LITIGATION: legal action that will proceed through the court
advantage of normal court system. Litigation requires parties to comply with the formal rules
process. (CPR – Civil Procedure Rules) surrounding procedures and
evidence. Judge is one making final decision over dispute.
MEDIATION: informal dispute resolution process where decision
is made by the parties with assistance of neutral third party without Can court order parties to be engaged in ADR? YES
looking at the merits of the case. CHURCHILL V MERTHYR TYDFIL CBC COURT CAN ORDER
PARTIES TO ENGAGE IN ADR provided that the order made does
2
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
,not impair the very essence of the C’s right to proceed to a judicial - the court may order the parties to engage in ADR (CPR
hearing, and is proportionate to achieving the legitimate aim of 3.1(2)(o)) and must consider ordering or encouraging
settling the dispute fairly, quickly and at a reasonable cost. ADR when giving directions
- failing to comply with an ADR order or unreasonably
ADR in the CPR (from 1 October 2024): failing to engage in ADR is a costs factor (CPR 44.2(5)
- the overriding objective includes promoting or using ADR (e)).
(CPR 1.1(2)(f))
3
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
, CIVIL PROCEDURE TIMELINE Stage 4: Preparing for Trial
12. Case Management Directions
o Issued by the court: sets out timetable for:
Stage 1: Pre-Issue Stage
1. Pre-Action Protocols
Disclosure
o Comply with relevant Pre-Action Protocol (e.g. Witness statements
Letter of Claim).
Expert evidence
o Parties should attempt ADR, consider Trial preparation
13. Disclosure & Inspection
settlement, and make/consider Part 36 offers.
o Standard disclosure unless otherwise ordered.
Stage 2: Issuing to Defence o Form N265 used.
2. Issue of Claim Form 14. Exchange of Witness Statements
o Claimant issues claim and serves on Defendant o In accordance with directions.
within 4 months (or 6 months if served outside o Usually simultaneous exchange.
E&W). 15. Exchange of Expert Reports (if permission granted)
3. Particulars of Claim (PoC) o Single joint expert unless court allows party
o May be served with the Claim Form or experts.
separately within 14 days of service of the o May be followed by expert meetings and joint
Claim Form. statements.
o But no later than 4 months from issue of the 16. Pre-Trial Checklist (Listing Questionnaire)
Claim Form. o Filed by date set in directions (usually 8–10
4. Acknowledgement of Service (AoS) weeks before trial).
o Defendant must file AoS within 14 days after o Confirms readiness for trial.
service of PoC if they need extra time (extends
Defence deadline to 28 days after service of Stage 5: Final Stages
PoC). 17. Pre-Trial Review (PTR) (multi-track only, if ordered)
5. Defence o Typically held 2–4 weeks before trial.
o Must be filed within: o Ensures directions complied with.
14 days of PoC if no AoS; OR 18. Trial
28 days after service of PoC if AoS o Oral evidence presented; judge gives judgment
was filed. either at hearing or reserved.
o Defendant may also admit the claim in full or 19. Judgment & Orders
part. o May include costs, interest, and payment
6. Judgment in Default deadlines.
o Claimant may request default judgment if no o CPR 44 (Costs) applies.
Defence or AoS filed in time. 20. Appeal
o Permission required unless automatic right
Stage 3: Case Management
applies.
7. Notice of Proposed Allocation
o Appellant’s notice within 21 days of the decision
o Sent with Directions Questionnaire (DQ) after
(CPR 52.12).
Defence filed.
21. Enforcement (if judgment unpaid)
8. Directions Questionnaire
o Options include:
o Must be filed by both parties.
Warrant of Control (via County Court
o Triggers court allocation to a track (Small / Bailiff)
Fast / Intermediate / Multi).
Charging Order
9. Track Allocation
o Claim allocated based on value and complexity. Third Party Debt Order
Attachment of Earnings Order
o Small Track: ≤ £10,000 (PI: general damages ≤ High Court Enforcement Officer
£1,500; RTA PI ≤ £5,000, or ≤ £1,000 in CPR
(county court judgments of £600 or
26.10 cases; housing disrepair: repairs ≤
more can be transferred to the High
£1,000 and other damages ≤ £1,000)
Court for enforcement)
o Fast Track: £10,000–£25,000
o Intermediate Track: > £25,000–£100,000 (trial
≤ 3 days)
o Multi Track: > £100,000 or complex claims
10. Case Management Conference (CMC) (multi-track; may
also be fixed on the intermediate track)
o Directions and costs budgeting addressed.
11. Costs Budgeting – Precedent H (multi-track claims)
o Value < £50k: file budget with the DQ
o Value £50k or more: file no later than 21 days
before the first CMC (first page of Precedent H
only if costs ≤ £25k or value < £50k)
o File budget discussion report 7 days before
CMC
4
© 2026 Pass Notes Limited. All rights reserved. For the purchaser’s personal study only – do not copy, share or resell.
