DISPUTE RESOLUTION (KNOWLEDGE)
Unit 1
Guide
Pre-action steps: (1) case analysis; (2) ADR; (3) funding
Context
Introduction
Non-lawyers can think that dispute resolution begins and ends in a courtroom, but the
journey to a trial is potentially a long one and there are many things to consider before
it even begins. In this Unit and its associated exercises, you will explore some crucial
pre-action steps including basic case analysis, matters of funding, options for ADR and
requirements of both the SRA Code of Conduct and the Practice Direction – Pre-Action
Conduct and Protocols.
The client’s objectives
A key question for any dispute resolution lawyer is: “what are my client’s objectives?”
One client might want to minimise costs or to preserve a business relationship with its
opponent. Another might care more about protecting its public image or setting a
binding precedent. What the client actually wants will influence everything from funding
to possible ADR and from first steps to trial strategy. Establishing, recording and
keeping up-to-date with the client’s true objectives is therefore a vital skill.
Case analysis
Case analysis underpins any litigation matter. It involves not just identification of
relevant causes of action but also an awareness of risk and strategy, taking into
account the client’s objectives. Often, and quite correctly, case analysis will produce
more questions than answers, but without it (or if it is done incorrectly) wrong decisions
can be taken early in a case that are difficult and expensive to undo later.
Alternative Dispute Resolution (ADR)
Clients can like the idea of having their “day in court”, but traditional litigation remains
expensive and fairly risky. Many alternatives exist, and proper legal advice will take
into account that one or more of these may better achieve a given client’s objectives.
Funding
Most clients care a great deal about how much their matter will cost, and the range of
funding options is now wider than just the traditional hourly charge-out rate. In order
to give proper advice on funding a dispute resolution lawyer should understand and be
able to explain concepts such as conditional fee agreements, damages-based
agreements and both before-the-event and after-the-event insurance.
Outcomes
Document1 1 © The University of Law Limited
,By the end of this Unit and its associated tasks you should:
1. Be able to carry out initial steps in a dispute resolution matter, including case
analysis.
2. Understand and be able to explain alternative methods of dispute resolution, and
their appropriateness on a given set of facts.
3. Understand and be able to explain funding options in a dispute resolution matter.
4. Understand the requirements and effect of the Practice Direction – Pre-Action
Conduct and Protocols and the Professional Negligence Pre-action Protocol.
Unit Workshop Tasks
In this Unit Workshop, you will:
1. Review the Unit Workshop Preparatory Task.
2. Consider the most appropriate means of dispute resolution on a given set of facts.
3. Explain to a client the various funding options that are available in a dispute
resolution matter.
4. Address a professional conduct issue.
Preparation
To prepare for this Unit Workshop you should:
• Read the following from the CLP Textbook, “Civil Litigation” (Browne and Catlow).
All of this reading should be regarded as necessary to the course (and some parts
will be revisited at a later time), but you may find the parts shown in brackets on
the right-hand-side of the list particularly relevant and useful when attempting the
tasks associated with this Unit Workshop.
• Chapter 1 (1.4)
• Chapter 2 (2.3; 2.4 up to 2.4.5; 2.5;
2.9 up to 2.9.4, plus the Case Study)
• Chapter 3 (3.2 to 3.3; 3.4.4; 3.7; 3.10 to 3.14)
• Chapter 4 (4.1 to 4.4; 4.6 to 4.7)
• Chapter 11.9 to 11.10 (all)
• Chapter 12.13.1 (all)
• Chapter 13.2 to 13.3 (all)
• Chapter 14.3.3.6 (all)
• Appendices A(19) to A(20) (Appendix A(19))
• Appendices C(1) to C(3) (all)
• Appendix D(1) (all)
• Briefly review your notes from the Introduction to Professional Practice course as
to whether solicitors are able to give financial advice to their clients.
• Via the Ministry of Justice website, find and read the following Civil Procedure
Rules:
• CPR 1
• View the following media on Elite:
© The University of Law Limited 2 Document1
, • Recorded lecture: “Civil litigation introduction”
• Tutorial: “An Overview of Civil Dispute Resolution”
• Demonstration: “Choice of Dispute Resolution Method: ADR and Mediation”
• Complete the Test and Feedback (Preparation) for this Unit.
• Complete the Unit Workshop Preparatory Task attached to this Unit Guide,
including any relevant legal research.
Do not attempt any of the Unit Workshop Tasks or the Consolidation Tasks.
Materials required for the Unit
1. Your CLP Civil Litigation Textbook.
2. This Unit Guide.
3. Your answer to the Unit Workshop Preparatory Task.
4. Your SRA Code of Conduct.
Consolidation
It is important that you consolidate your learning. In particular for Unit Workshop 1 you
should:
1. Review your Preparatory Task in light of the feedback you received and the
discussions that took place in the Unit Workshop.
2. Satisfy yourself that you understand and can explain:
• Different options for funding a dispute resolution matter.
• The operation and potential suitability of different methods of dispute
resolution.
4. Complete the Consolidation Tasks attached to this Unit Guide.
5. Complete the Test and Feedback (Consolidation) for this Unit.
Please note that the case study seen in this Unit will recur in Units 2, 4 and 12.
Document1 3 © The University of Law Limited
, Preparatory Task
You are a trainee solicitor in the dispute resolution team at ULaws LLP’s Leeds office.
Read the attached email from your supervising solicitor and follow his
instructions.
Important Notes about this Task:
• To help you with the Preparatory Task a case analysis grid in Word format has
been created for you to download from Elite. A small amount of information has
already been entered on the grid for you. You should fill in the remainder.
Completing the case analysis grid will assist you in organising and structuring
your thoughts in a way that should become automatic when you are in practice.
Please note therefore that the grid is a teaching and learning aid: it is not a
document that you would typically produce within a firm, and it is not something
that would be sent to a client.
Please also note that the number of rows included on the blank grid is neither a
minimum nor a maximum. You should use your own judgement to break the
analysis down into what you think are an appropriate number of parts.
Important Notes about “generic” dates used on the Dispute Resolution course:
• In the attached email, and in several case studies during the Dispute Resolution
course, events are set in a generic year beginning “xx”. You will be supplied with
calendars for years “xx18” and “xx19” at points in the course where they are first
needed; you should not assume that a calendar for the current actual year will be
applicable.
• Assessments on the LPC may use actual dates and real years within their fact
patterns. Such dates cannot be assumed to correspond with any generic calendar
with which you have been supplied. It is your responsibility to bring to any Open
Book assessment any calendar(s) that you might require as part of your permitted
materials for that assessment.
© The University of Law Limited 4 Document1
Unit 1
Guide
Pre-action steps: (1) case analysis; (2) ADR; (3) funding
Context
Introduction
Non-lawyers can think that dispute resolution begins and ends in a courtroom, but the
journey to a trial is potentially a long one and there are many things to consider before
it even begins. In this Unit and its associated exercises, you will explore some crucial
pre-action steps including basic case analysis, matters of funding, options for ADR and
requirements of both the SRA Code of Conduct and the Practice Direction – Pre-Action
Conduct and Protocols.
The client’s objectives
A key question for any dispute resolution lawyer is: “what are my client’s objectives?”
One client might want to minimise costs or to preserve a business relationship with its
opponent. Another might care more about protecting its public image or setting a
binding precedent. What the client actually wants will influence everything from funding
to possible ADR and from first steps to trial strategy. Establishing, recording and
keeping up-to-date with the client’s true objectives is therefore a vital skill.
Case analysis
Case analysis underpins any litigation matter. It involves not just identification of
relevant causes of action but also an awareness of risk and strategy, taking into
account the client’s objectives. Often, and quite correctly, case analysis will produce
more questions than answers, but without it (or if it is done incorrectly) wrong decisions
can be taken early in a case that are difficult and expensive to undo later.
Alternative Dispute Resolution (ADR)
Clients can like the idea of having their “day in court”, but traditional litigation remains
expensive and fairly risky. Many alternatives exist, and proper legal advice will take
into account that one or more of these may better achieve a given client’s objectives.
Funding
Most clients care a great deal about how much their matter will cost, and the range of
funding options is now wider than just the traditional hourly charge-out rate. In order
to give proper advice on funding a dispute resolution lawyer should understand and be
able to explain concepts such as conditional fee agreements, damages-based
agreements and both before-the-event and after-the-event insurance.
Outcomes
Document1 1 © The University of Law Limited
,By the end of this Unit and its associated tasks you should:
1. Be able to carry out initial steps in a dispute resolution matter, including case
analysis.
2. Understand and be able to explain alternative methods of dispute resolution, and
their appropriateness on a given set of facts.
3. Understand and be able to explain funding options in a dispute resolution matter.
4. Understand the requirements and effect of the Practice Direction – Pre-Action
Conduct and Protocols and the Professional Negligence Pre-action Protocol.
Unit Workshop Tasks
In this Unit Workshop, you will:
1. Review the Unit Workshop Preparatory Task.
2. Consider the most appropriate means of dispute resolution on a given set of facts.
3. Explain to a client the various funding options that are available in a dispute
resolution matter.
4. Address a professional conduct issue.
Preparation
To prepare for this Unit Workshop you should:
• Read the following from the CLP Textbook, “Civil Litigation” (Browne and Catlow).
All of this reading should be regarded as necessary to the course (and some parts
will be revisited at a later time), but you may find the parts shown in brackets on
the right-hand-side of the list particularly relevant and useful when attempting the
tasks associated with this Unit Workshop.
• Chapter 1 (1.4)
• Chapter 2 (2.3; 2.4 up to 2.4.5; 2.5;
2.9 up to 2.9.4, plus the Case Study)
• Chapter 3 (3.2 to 3.3; 3.4.4; 3.7; 3.10 to 3.14)
• Chapter 4 (4.1 to 4.4; 4.6 to 4.7)
• Chapter 11.9 to 11.10 (all)
• Chapter 12.13.1 (all)
• Chapter 13.2 to 13.3 (all)
• Chapter 14.3.3.6 (all)
• Appendices A(19) to A(20) (Appendix A(19))
• Appendices C(1) to C(3) (all)
• Appendix D(1) (all)
• Briefly review your notes from the Introduction to Professional Practice course as
to whether solicitors are able to give financial advice to their clients.
• Via the Ministry of Justice website, find and read the following Civil Procedure
Rules:
• CPR 1
• View the following media on Elite:
© The University of Law Limited 2 Document1
, • Recorded lecture: “Civil litigation introduction”
• Tutorial: “An Overview of Civil Dispute Resolution”
• Demonstration: “Choice of Dispute Resolution Method: ADR and Mediation”
• Complete the Test and Feedback (Preparation) for this Unit.
• Complete the Unit Workshop Preparatory Task attached to this Unit Guide,
including any relevant legal research.
Do not attempt any of the Unit Workshop Tasks or the Consolidation Tasks.
Materials required for the Unit
1. Your CLP Civil Litigation Textbook.
2. This Unit Guide.
3. Your answer to the Unit Workshop Preparatory Task.
4. Your SRA Code of Conduct.
Consolidation
It is important that you consolidate your learning. In particular for Unit Workshop 1 you
should:
1. Review your Preparatory Task in light of the feedback you received and the
discussions that took place in the Unit Workshop.
2. Satisfy yourself that you understand and can explain:
• Different options for funding a dispute resolution matter.
• The operation and potential suitability of different methods of dispute
resolution.
4. Complete the Consolidation Tasks attached to this Unit Guide.
5. Complete the Test and Feedback (Consolidation) for this Unit.
Please note that the case study seen in this Unit will recur in Units 2, 4 and 12.
Document1 3 © The University of Law Limited
, Preparatory Task
You are a trainee solicitor in the dispute resolution team at ULaws LLP’s Leeds office.
Read the attached email from your supervising solicitor and follow his
instructions.
Important Notes about this Task:
• To help you with the Preparatory Task a case analysis grid in Word format has
been created for you to download from Elite. A small amount of information has
already been entered on the grid for you. You should fill in the remainder.
Completing the case analysis grid will assist you in organising and structuring
your thoughts in a way that should become automatic when you are in practice.
Please note therefore that the grid is a teaching and learning aid: it is not a
document that you would typically produce within a firm, and it is not something
that would be sent to a client.
Please also note that the number of rows included on the blank grid is neither a
minimum nor a maximum. You should use your own judgement to break the
analysis down into what you think are an appropriate number of parts.
Important Notes about “generic” dates used on the Dispute Resolution course:
• In the attached email, and in several case studies during the Dispute Resolution
course, events are set in a generic year beginning “xx”. You will be supplied with
calendars for years “xx18” and “xx19” at points in the course where they are first
needed; you should not assume that a calendar for the current actual year will be
applicable.
• Assessments on the LPC may use actual dates and real years within their fact
patterns. Such dates cannot be assumed to correspond with any generic calendar
with which you have been supplied. It is your responsibility to bring to any Open
Book assessment any calendar(s) that you might require as part of your permitted
materials for that assessment.
© The University of Law Limited 4 Document1
