Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
Dispute Resolution SQE FLK1 for SQE2
Litigation should be a last resort, with parties
What is the primary role of litigation in legal encouraged to explore alternative dispute
disputes? resolution (ADR) methods to resolve disputes
without court involvement.
ADR aims to resolve disputes without court
What is the purpose of Alternative Dispute
intervention, using methods like mediation,
Resolution (ADR)?
arbitration, or negotiation.
ADR should be considered at every stage before
When must ADR be considered in the litigation and after court proceedings begin, as courts
process? expect parties to make efforts to settle the
dispute early.
What are the potential consequences of refusing Cost penalties or unfavourable court rulings if
ADR? refusal is deemed unreasonable
Temporarily halts legal process, often used when
What is a stay of proceedings? parties are engaged in ADR or need more time
to prepare
Explains the conduct and sets out the steps that
the court would normally expect parties to take
What is pre-action protocol?
before commencing proceedings for particular
types of civil claims
Safety net provision for any type of matter that
What is the Practice Direction on Pre-Action doesn’t have an associated pre-action protocol.
Conduct and Protocols? Parties are expected to follow the guidance in
PD instead
Increased costs or reduced recoverable amounts
What happens if a party does not comply with
pre-action protocols? Court may stay proceedings until required steps
are completed
PI claims not falling within another pre-action
When does pre-action protocol apply? and are likely to be allocated to fast track (up to
£25,000)
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,Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
• emphasise the benefits of ADR
• give consideration to:
◦ jurisdiction and governing law
What must a solicitor do when first taking
◦ limitation
instructions from a client in connection with a
dispute? ◦ whether there is a legal cause of
action, and if so the merits
◦ who C and D are, nature of
finances
What jurisdiction must the dispute be governed
English and Welsh law
by?
Issued in the local court where D is domiciled
Where can proceedings be commenced? If contract/tort dispute, can elect that case is
heard where contract was due to be performed
or where damage from tort occurred
Last date on which a claimant can issue
What is the limitation date?
proceedings against a defendant
Defendant has an absolute defence to that
What happens if the limitation period expires?
action
Where a claim is no longer legally enforceable
What does statute barred mean? as it has not been issued in the prescribed
limitation period
1. work out type of matter
2. establish when limitation period began
How to calculate limitation periods
3. apply relevant statutory limitation
period
What is the limitation period and its start date Start date: date of breach of contract
for a contract claim? Limitation period: 6 years
What is the limitation period and its start date Start date: date damage occurs
for tort claims (excluding PI and latent damage)? Limitation period: six years
Start date: date the cause of action occurs OR
What is the limitation period and its start date date of knowledge of person injured (whichever
for PI tort claims? is later)
Limitation period: 3 years
What is the limitation period and its start date Start date: when damage occurs or date on
for latent damages claims? which C first knew about cause of action
2 of 111 01/09/2025, 10:03
,Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
(whichever is later)
Limitation period:
• six years from date when damage
occurred
• three years from date of knowledge
What is the latest time a latent damages claim Within 15 years after the negligent act or
can be brought? omission
What is latent damage? Damage not immediately obvious
• where parties are engaged in ADR that
When might a court allow an extension to the hasn’t finished by LD
limitation period? • PI claims where prejudice to C
outweighs detriment to D
It may be justified when a limitation period is
When is non-compliance with pre-action
about to expire or when urgent proceedings are
protocols justified?
necessary, such as applying for a search order.
If the defendant denies liability or offers an
What is the Claimant's option if the defendant unsatisfactory settlement, the claimant can start
denies liability or the response is unsatisfactory? formal legal proceedings by issuing a claim
form.
Claim would be lodged with the court but not
What does issue protectively mean in the
severed on D, up to a maximum of 4 months
context of an extension to the limitation period?
after issuing proceedings
Legal basis on which a claimant issues
What is a legal cause of action?
proceedings
Person conducting court proceedings on behalf
of a child or protected party
What is a litigation friend?
Need a certificate of suitability to satisfy court
they meet the criteria to fill the role.
How the CPR expect parties to behave before
What are pre-action rules?
issuing proceedings
What is the consequence of non-compliance • defaulting party pays costs of
with pre-action rules? proceedings, or part of costs of others
• defaulting party pay those costs on an
indemnity basis
• if successful C, mat be paid a lower
award
3 of 111 01/09/2025, 10:03
,Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
• if D is at fault and C is successful, D may
have to pay a higher rate
Costs recovery in favour of receiving party.
What does indemnity basis mean?
No requirement for proportionality.
1. understand each other’s position
2. make decisions about how to proceed
3. try to settle the issues w/o proceedings
What are the main objectives of pre-action 4. consider a form of ADR to assist
conduct? settlement
5. support the efficient management of
proceedings
6. reduce the costs of resolving the dispute
1. Exchange of key info
2. Consideration of ADR
What are the key requirements of PDPACP?
3. Instruction of experts
4. Proportionality
Parties should look to instruct a single joint
What is the requirement to “instruct experts”
expert instead of an expert for each side to save
(pre-action)?
time and costs
Only reasonable and proportionate steps should
What is proportionality in pre-action conduct? be taken by the parties to resolve the matter
Costs incurred should be proportionate
• “without notice” applications
• where statutory/contractual limitation
period is about to expire and
When might pre-action conduct not be
compliance with PAC would like to D
appropriate?
having an absolute defence
• apply to court for search order - if fear
opponent may destroy documents
Made with the intention of giving D no warning
What is an application “without notice”? - freeing order on assets to avoid disposal
1. Letter of Notification (preliminary
notice)
What are the pre-action protocol stages?
2. Letter of Claim
3. Letter of Response
4 of 111
01/09/2025, 10:03
Dispute Resolution SQE FLK1 for SQE2
Litigation should be a last resort, with parties
What is the primary role of litigation in legal encouraged to explore alternative dispute
disputes? resolution (ADR) methods to resolve disputes
without court involvement.
ADR aims to resolve disputes without court
What is the purpose of Alternative Dispute
intervention, using methods like mediation,
Resolution (ADR)?
arbitration, or negotiation.
ADR should be considered at every stage before
When must ADR be considered in the litigation and after court proceedings begin, as courts
process? expect parties to make efforts to settle the
dispute early.
What are the potential consequences of refusing Cost penalties or unfavourable court rulings if
ADR? refusal is deemed unreasonable
Temporarily halts legal process, often used when
What is a stay of proceedings? parties are engaged in ADR or need more time
to prepare
Explains the conduct and sets out the steps that
the court would normally expect parties to take
What is pre-action protocol?
before commencing proceedings for particular
types of civil claims
Safety net provision for any type of matter that
What is the Practice Direction on Pre-Action doesn’t have an associated pre-action protocol.
Conduct and Protocols? Parties are expected to follow the guidance in
PD instead
Increased costs or reduced recoverable amounts
What happens if a party does not comply with
pre-action protocols? Court may stay proceedings until required steps
are completed
PI claims not falling within another pre-action
When does pre-action protocol apply? and are likely to be allocated to fast track (up to
£25,000)
1 of 111 01/09/2025, 10:03
,Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
• emphasise the benefits of ADR
• give consideration to:
◦ jurisdiction and governing law
What must a solicitor do when first taking
◦ limitation
instructions from a client in connection with a
dispute? ◦ whether there is a legal cause of
action, and if so the merits
◦ who C and D are, nature of
finances
What jurisdiction must the dispute be governed
English and Welsh law
by?
Issued in the local court where D is domiciled
Where can proceedings be commenced? If contract/tort dispute, can elect that case is
heard where contract was due to be performed
or where damage from tort occurred
Last date on which a claimant can issue
What is the limitation date?
proceedings against a defendant
Defendant has an absolute defence to that
What happens if the limitation period expires?
action
Where a claim is no longer legally enforceable
What does statute barred mean? as it has not been issued in the prescribed
limitation period
1. work out type of matter
2. establish when limitation period began
How to calculate limitation periods
3. apply relevant statutory limitation
period
What is the limitation period and its start date Start date: date of breach of contract
for a contract claim? Limitation period: 6 years
What is the limitation period and its start date Start date: date damage occurs
for tort claims (excluding PI and latent damage)? Limitation period: six years
Start date: date the cause of action occurs OR
What is the limitation period and its start date date of knowledge of person injured (whichever
for PI tort claims? is later)
Limitation period: 3 years
What is the limitation period and its start date Start date: when damage occurs or date on
for latent damages claims? which C first knew about cause of action
2 of 111 01/09/2025, 10:03
,Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
(whichever is later)
Limitation period:
• six years from date when damage
occurred
• three years from date of knowledge
What is the latest time a latent damages claim Within 15 years after the negligent act or
can be brought? omission
What is latent damage? Damage not immediately obvious
• where parties are engaged in ADR that
When might a court allow an extension to the hasn’t finished by LD
limitation period? • PI claims where prejudice to C
outweighs detriment to D
It may be justified when a limitation period is
When is non-compliance with pre-action
about to expire or when urgent proceedings are
protocols justified?
necessary, such as applying for a search order.
If the defendant denies liability or offers an
What is the Claimant's option if the defendant unsatisfactory settlement, the claimant can start
denies liability or the response is unsatisfactory? formal legal proceedings by issuing a claim
form.
Claim would be lodged with the court but not
What does issue protectively mean in the
severed on D, up to a maximum of 4 months
context of an extension to the limitation period?
after issuing proceedings
Legal basis on which a claimant issues
What is a legal cause of action?
proceedings
Person conducting court proceedings on behalf
of a child or protected party
What is a litigation friend?
Need a certificate of suitability to satisfy court
they meet the criteria to fill the role.
How the CPR expect parties to behave before
What are pre-action rules?
issuing proceedings
What is the consequence of non-compliance • defaulting party pays costs of
with pre-action rules? proceedings, or part of costs of others
• defaulting party pay those costs on an
indemnity basis
• if successful C, mat be paid a lower
award
3 of 111 01/09/2025, 10:03
,Dispute Resolution SQE FLK1 for SQE2 about:srcdoc
• if D is at fault and C is successful, D may
have to pay a higher rate
Costs recovery in favour of receiving party.
What does indemnity basis mean?
No requirement for proportionality.
1. understand each other’s position
2. make decisions about how to proceed
3. try to settle the issues w/o proceedings
What are the main objectives of pre-action 4. consider a form of ADR to assist
conduct? settlement
5. support the efficient management of
proceedings
6. reduce the costs of resolving the dispute
1. Exchange of key info
2. Consideration of ADR
What are the key requirements of PDPACP?
3. Instruction of experts
4. Proportionality
Parties should look to instruct a single joint
What is the requirement to “instruct experts”
expert instead of an expert for each side to save
(pre-action)?
time and costs
Only reasonable and proportionate steps should
What is proportionality in pre-action conduct? be taken by the parties to resolve the matter
Costs incurred should be proportionate
• “without notice” applications
• where statutory/contractual limitation
period is about to expire and
When might pre-action conduct not be
compliance with PAC would like to D
appropriate?
having an absolute defence
• apply to court for search order - if fear
opponent may destroy documents
Made with the intention of giving D no warning
What is an application “without notice”? - freeing order on assets to avoid disposal
1. Letter of Notification (preliminary
notice)
What are the pre-action protocol stages?
2. Letter of Claim
3. Letter of Response
4 of 111
01/09/2025, 10:03
