Overview
Our free Dispute Resolution notes cover everything you need to know for the Solicitors' Qualifying Exam (SQE). From alternative dispute resolution methods to trial management and enforcement procedures, we've got you covered. Whether you're in a classroom or taking the self-study route, these notes provide added peace of mind, knowing that you have everything you need to help consolidate and revise effectively for the SQE1 exam. Think something could be better? Give us a shout on our contact page, and we'll take a look.
We've created comprehensive study guides for all SQE1 FLK1 and FLK2 topics. Check out our other free notes below:
FLK1
FLK2
- Criminal Law and Practice
- Land Law
- Property Practice
- Solicitors Accounts
- Trusts
- Wills and the Administration of Estates
1. Introduction to Dispute Resolution
- Different options for dispute resolution
- Characteristics of arbitration, mediation, and litigation as appropriate mechanisms
2. Analysis of Merits of Claim or Defence
- Assessing strengths and weaknesses of a claim
- Evaluating legal and factual issues
- Consideration of potential outcomes
3. Pre-Action Considerations and Steps
- Preliminary considerations: limitation and pre-action protocols
- Parties and causes of action
- Calculating limitation periods for claims in contract and tort
- Practice direction: pre-action conduct
- Principles and purpose of pre-action protocols and consequences for non-compliance
- Applicable law: determining which country's laws apply to contractual or tortious claims
- Jurisdiction: mechanisms to determine jurisdiction over international claims
4. Commencing a Claim
- Allocation of business between the High Court and the county court
- Jurisdiction of specialist courts
- Issuing a claim form
- Adding, removing, or substituting parties
- Service of a claim form within the jurisdiction
- Service of a claim form outside the jurisdiction
- Mechanisms for valid service in another jurisdiction
- Deemed dates of service and time limits
- Service by alternative methods
- Purpose, structure, and content of a claim form and particulars of claim
- Purpose, structure, and content of a Part 20 claim
5. Responding to a Claim
- Admitting the 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
- Purpose, structure, and content of a defence
- Purpose, structure, and content of a reply and defence to a Part 20 claim
6. Progressing a Claim
- Requests for further information about statements of case
- Amendments to statements of case
- Interim applications
- Procedure for making applications
- Purpose, procedure, and evidence for specific applications (summary judgment, interim payments, interim injunctions)
7. Case Management
- The overriding objective
- Track allocation
- Case management directions for fast and multi-track cases
- Non-compliance with orders, sanctions, and relief
- Costs and case management conferences
8. Evidence and Disclosure
- Relevance, hearsay, and admissibility
- The burden and standard of proof
- Witness statements and affidavits
- Expert evidence
- Opinion evidence and duties of experts
- Single joint experts and expert discussions
- Disclosure and inspection
- Standard disclosure
- Orders for disclosure and specific disclosure
- Pre-action and non-party disclosure
- Electronic disclosure
- Privilege and without prejudice communications
- Waiver of privilege
9. Preparation for Trial
- Summoning witnesses
- Purpose of pre-trial checklists and hearings
- Preparation of trial bundles
- Trial procedure
- Modes of address and courtroom etiquette
- Leading vs. non-leading questions
10. The Trial and Judgment
11. Costs
- Costs management and budgeting
- The indemnity principle
- Costs management orders
- Inter-partes costs orders (interim and final)
- Non-party costs
- Qualified one-way costs shifting
- Part 36 and other settlement offers
- Security for costs
- Fixed, summary, and detailed assessment of costs