Module Descriptors
LITIGATION
LAWS70673
Key Facts
Health, Education, Policing and Sciences
Level 7
1 credits
Contact
Leader: Anna Garland
Hours of Study
Scheduled Learning and Teaching Activities:
Independent Study Hours:
Total Learning Hours:
Pattern of Delivery
  • Occurrence A, Stoke Campus, PG Semester 1 to PG Semester 2
Sites
  • Stoke Campus
Assessment
  • EXAMINATION - OPEN BOOK EXAMINATION IN EXAMINATION CONDITIONS weighted at 60%
  • EXAMINATION - OPEN BOOK EXAMINATION IN EXAMINATION CONDITIONS weighted at 40%
Module Details
Module Additional Assessment Details
(Criminal Litigation 2.5 hour Exam weighted 40%)
(Civil Litigation 3 hour Exam weighted 60%)

both assessments forming the combined assessment for the Litigation as a whole.

Each assessment will test learning outcomes 1-10
Module Learning Strategies
Litigation is taught within 17 one hour whole group sessions and 17 two hour individual/small group work. Additionally, for students following a blended-learning mode of delivery there will be on-line activities.
Module Indicative Content
CASE ANALYSIS
1. causes of action and criminal charges
2. propositions of fact
3. admissibility and relevance of evidence
4. risk assessment in civil cases
5. use of Counsel
6. legal identity of the client
7. jurisdiction and limitation

COURSES OF ACTION AND FUNDING
1. courses of action,;attendant costs, benefits and risks
2. relevant and cost effective investigations
3. funding litigation;public funding.
4. inter-relation of professional conduct rules and funding issues
5. costs principles, costs orders; costs recovery

PROCEDURE
Critical steps in process of litigation and strategies in preparation and conduct of litigation.

CIVIL LITIGATION AND DISPUTE RESOLUTION
1. resolution, alternative dispute resolution
2. costs rules; costs orders
3. inter-relation of ADR process and litigation
4. Civil Procedure Rules
5. Civil Procedure Rules and human rights legislation
6. litigation process, management powers and duties
7. protocol phase
8. commencement; proceedings
9. tactics and evidential tools
10. interim applications,
11. claim without trial; P36 ,discontinuance and ADR
12. disclosure; expert evidence
13. elements of trial procedure
14. enforce and appeal a judgment
15. costs
16. particulars of claim, defences, application notices, orders and witness statements.

CRIMINAL LAW AND PRACTICE
1. Criminal Procedure Rules,
2. court's role, case management powers and duties
3. professional conduct
4. police station representative accreditation schemes, police powers
5. custody, review and detention limits under PACE,
6. representation order and sources of public funding.
7. bail application
8. mode of trial, awareness sentences
9. rules of evidence
10. summary trial, committal proceedings/trial on indictment.
11. sentencing
12. appealing against sentence and / or conviction; judicial review
Module Texts
OUP - Civil Litigation Handbook and Criminal Litigation - annually updated editions
Module Resources
Lecture and workshop materials. Blackboard
Module Special Admissions Requirements
None
Web Descriptor
All aspects of Criminal and Civil Litigation are taught and assessed as a core subject, including learning the critical steps in process of litigation and strategies in preparation and conduct of litigation.