Module Descriptors
ADVANCED LITIGATION AND DISPUTE RESOLUTION
LAWS70746
Key Facts
School of Justice, Security and Sustainability
Level 7
1 credits
Contact
Leader: Lisa Mason
Email: L.M.Mountford@staffs.ac.uk
Hours of Study
Scheduled Learning and Teaching Activities:
Independent Study Hours:
Total Learning Hours:
Assessment
- EXAMINATION - OPEN BOOK EXAMINATION IN EXAMINATION CONDITIONS weighted at 100%
Module Details
Module Special Admissions Requirements
None
Module Texts
OUP Civil Litigation Handbook (annually updated), On-line resources and identified textbooks for additional reading.
Module Resources
Lecture and workshop materials. Blackboard
Module Additional Assessment Details
Assessed with a Formative assessment with one to one feedback and one 3 hour written assessment
Module Learning Strategies
Advanced Litigation & Dispute Resolution is taught within 9 x 1 hour lecture sessions and 9 x 2 hour workshop sessions plus one week of self study. Additionally, for students following a blended-learning mode of delivery there will be on-line activities.
Module Indicative Content
CASE ANALYSIS
1. elements of causes of action
2. propositions of fact
3. admissibility/relevance of evidence
4. risk assessment
5. use of Counsel
6. legal identity of the client
7. jurisdiction and limitation
8. how a case is dealt with commercially
COURSES OF ACTION AND COSTS IMPLICATIONS
1. courses of action, attendant costs, benefits and risks
2. relevant and cost effective investigations
3. ADR processes
4. inter-relation between the different ADR processes
5. costs principles
PROCEDURE
Critical steps in process of litigation and strategies necessary in preparation and conduct of litigation.
PERSONAL INJURY PRACTICE
1. resolution
2. cost consequences, costs rules, costs orders
3. inter-relation of ADR process and litigation
4. Civil Procedure Rules and interpretation
5. Civil Procedure Rules and human rights legislation
6. court's role in litigation process, management powers and duties
7. protocol phase
8. use of Counsel
9. claim without trial including P36 offers, discontinuance and ADR processes
10. role of the expert and expert evidence
11. Schedules of Losses and Counter Schedules
COMMERCIAL LITIGATION PRACTICE
1. resolution, including adjudication, mediation and arbitration
2. costs rules and costs orders
3. inter-relation of ADR process and litigation
4. Civil Procedure Rules and interpretation
5. Housing Grants (Construction and Regeneration) Act 1996 and the Arbitration Act
6. court's role, case management powers and duties
7. multi party statements of case
8. interim injunctions,
9. P36 offers, discontinuance and ADR processes
10. client's disclosure obligations
11. mediations and adjudications
1. elements of causes of action
2. propositions of fact
3. admissibility/relevance of evidence
4. risk assessment
5. use of Counsel
6. legal identity of the client
7. jurisdiction and limitation
8. how a case is dealt with commercially
COURSES OF ACTION AND COSTS IMPLICATIONS
1. courses of action, attendant costs, benefits and risks
2. relevant and cost effective investigations
3. ADR processes
4. inter-relation between the different ADR processes
5. costs principles
PROCEDURE
Critical steps in process of litigation and strategies necessary in preparation and conduct of litigation.
PERSONAL INJURY PRACTICE
1. resolution
2. cost consequences, costs rules, costs orders
3. inter-relation of ADR process and litigation
4. Civil Procedure Rules and interpretation
5. Civil Procedure Rules and human rights legislation
6. court's role in litigation process, management powers and duties
7. protocol phase
8. use of Counsel
9. claim without trial including P36 offers, discontinuance and ADR processes
10. role of the expert and expert evidence
11. Schedules of Losses and Counter Schedules
COMMERCIAL LITIGATION PRACTICE
1. resolution, including adjudication, mediation and arbitration
2. costs rules and costs orders
3. inter-relation of ADR process and litigation
4. Civil Procedure Rules and interpretation
5. Housing Grants (Construction and Regeneration) Act 1996 and the Arbitration Act
6. court's role, case management powers and duties
7. multi party statements of case
8. interim injunctions,
9. P36 offers, discontinuance and ADR processes
10. client's disclosure obligations
11. mediations and adjudications