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

OUP Civil Litigation Handbook (annually updated), On-line resources and identified textbooks for additional reading.

Lecture and workshop materials. Blackboard

Assessed with a Formative assessment with one to one feedback and one 3 hour written assessment

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.

1. IDENTIFY THE COMPLEX LEGAL, TACTICAL AND COMMERCIAL FACTORS INVOLVED IN LITIGATION AND APPRECIATE THE NATURE OF THE METHOD OF DISPUTE RESOLUTION FOR BOTH PERSONAL INJURY AND COMMERCIAL MATTERS
Analysis

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
Problem Solving

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, ADJUDICATION, MEDIATION AND ARBITRATION
Application

5. IDENTIFY CONFLICTS OF INTEREST THAT MAY ARISE WHEN ACTING FOR MORETHAN ONE PARTY TO A DISPUTE AND TO ACT APPROPRIATELY FOLLOWING ANALYSIS OF THE SITUATION
Enquiry

6. DEMONSTRATE A SYSTEMATIC UNDERSTANDING AND KNOWLEDGE OF THE EVIDENTIAL ISSUES AND TO BE ABLE TO COMBINE THAT KNOWLEDGE WITH OTHER COMPLEX ISSUES AND FACTORS IN THE PROVISION OF ADVICE TO THE CLIENT
Reflection

7. DISPLAY ORIGINALITY IN SOLVING PROBLEMS AND IMPLEMENTING STRATEGIES TO ACHIEVE THE CLIENT'S OBJECTIVES
Problem Solving

8. DEMONSTRATE COMPETENCE IN THE PRACTITIONER SKILLS APPROPRIATE TO THIS ELECTIVE PRACTICE AREA
Knowledge & Understanding