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
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.
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
Texts
OUP - Civil Litigation Handbook and Criminal Litigation - annually updated editions
Resources
Lecture and workshop materials. Blackboard
Learning Outcomes
1. IDENTIFY THE COMPLEX LEGAL AND TACTICAL FACTORS INVOLVED IN LITIGATION AND APPRECIATE THE NATURE OF THE METHOD OF DISPUTE RESOLUTION FOR BOTH CIVIL DISPUTES AND CRIMINAL OFFENCES
Problem Solving
2. EVALUATE COMPLEX ISSUES BOTH SYSTEMATICALLY AND CREATIVELY, MAKING SOUND JUDGMENTS IN CONNECTION WITH TAKING THE APPROPRIATE COURSE OF ACTION FOR THE CLIENT IN RELATION TO THE DISPUTE OR OFFENCE
Enquiry
3. COMMUNICATE EFFECTIVELY IN WRITING TO THE CLIENT AND TO BOTH PROFESSIONALS AND LAY PERSONS, APPROPRIATE INFORMATION WHICH HAS BEEN CAREFULLY ANALYSED AND SYNTHESISED Communication
4. IDENTIFY AND PERFORM THE CRITICAL STEPS IN LITIGATION
Application
5. IDENTIFY CONFLICTS OF INTEREST THAT MAY ARISE WHEN ACTING FOR MORE THAN ONE PARTY TO A CIVIL DISPUTE OR CONFLICTS GENERALLY IN CRIMINAL MATTERS AND TO ACT APPROPRIATELY FOLLOWING ANALYSIS OF THE SITUATION
Analysis
6. UNDERSTAND CLIENT CARE AND MONEY LAUNDERING REQUIREMENTS AND APPLY AN IN-DEPTH UNDERSTANDING OF THOSE ISSUES IN COMMUNICATING APPROPRIATELY WITH THE RELEVANT PEOPLE OR BODIES ON SUCH ISSUES
Learning
7. DEMONSTRATE A SYSTEMATIC UNDERSTANDING AND KNOWLEDGE OF THE EVIDENTIAL ISSUES IN A CIVIL OR CRIMINAL MATTER AND TO BE ABLE TO COMBINE THAT KNOWLEDGE WITH OTHER COMPLEX ISSUES AND FACTORS IN THE PROVISION OF ADVICE TO THE CLIENT
Reflection
8. DISPLAY ORIGINALITY IN SOLVING PROBLEMS AND IMPLEMENTING STRATEGIES TO ACHIEVE THE CLIENT'S OBJECTIVES
Analysis
9. DEMONSTRATE COMPETENCE IN THE PRACTITIONER SKILLS APPROPRIATE TO THIS CORE PRACTICE AREA
Knowledge & Understanding
10. CONDUCT INDEPENDENT RESEARCH ACROSS A RANGE OF PRACTITIONER AND PRIMARY SOURCES AND BE ABLE TO SYNTHESISE AND EVALUATE THE DATA OBTAINED
Problem Solving
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.