LPC

Study Unit Specification (Elective Subject)

Code: UJXTS8-10-M

Title: Commercial Litigation & Dispute Resolution

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale:

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student to undertake cases involving Commercial Litigation and Dispute Resolution in a wide range of firms, but under the supervision of a suitably qualified and experienced principal.

2. Learning outcomes:

On completion of the module students will be expected to able to (at a professional level):

2.1 Demonstrate an understanding of the need to ascertain and the ability to critically evaluate the commercial, legal and economic objectives of the client involved in Commercial Litigation and Dispute Resolution.

2.2 Critically evaluate the range of dispute resolution methods available to achieve a desirable outcome for the client and to give appropriate advice on this.

2.3 Build on knowledge acquired during the compulsory civil litigation element of the LPC so as to demonstrate an understanding of, critically evaluate, select and apply the more common civil litigation procedures likely to be encountered in a Commercial Litigation and Dispute Resolution department.

2.4 Critically evaluate and apply the procedures necessary to obtain Injunctions generally and also to obtain Freezing Injunctions and Search Orders.

2.5 Critically evaluate and apply the procedures necessary to apply for Assessment of Costs in a case where no court proceedings have been issued.

2.6 Critically evaluate and apply the procedures necessary before court proceedings can be served outside the jurisdiction of the courts of England and Wales.

2.7 Critically evaluate and apply for an order for security for costs and other interim applications.

2.8 Obtain payment of commercial debts, demonstrating an understanding of and an ability to critically evaluate suitable pre-action investigation procedures, the rules relating to entitlement to and calculation of interest and appropriate insolvency and enforcement procedures.

2.9 Make effective use of commercial IT forms and other software packages and internet sources in an office setting.

2.10 Use research and enquiry techniques to access, interpret, critically evaluate and apply relevant knowledge.

3. Syllabus outline:

This study unit builds on the student's knowledge and understanding of basic civil litigation procedures gained during the civil litigation part of the compulsory Litigation and Advocacy study unit. It introduces the student to further procedures used in a Commercial Litigation and Dispute Resolution department of a firm of solicitors and to the legal, financial and commercial factors which influence the choice of such procedures by commercial clients. The study unit also identifies and explains the role of solicitors advising clients in respect of various commercial litigation scenarios. In particular, students will consider:

3.1 A range of appropriate methods of resolution of commercial disputes. Rules of court and tactical considerations relating to identification of appropriate court and division of issue and the specialist court lists. Selection of appropriate originating procedure.

3.2 Alternative Dispute Resolution. The main methods of ADR, appropriate use of ADR and the role of the solicitor in ADR.

3.3 Arbitration. Aspects of the law and procedure relating to a domestic arbitration under the Arbitration Act 1996. Circumstances when court action may be stayed in favour of arbitration. Selection of a suitable arbitrator and of appropriate procedure. Enforcement of an arbital award.

3.4 Injunctions. The nature of injunctive relief and the principles upon which the court acts. On notice and without notice applications. Law and procedure relating to Freezing and Injunctions and Search Orders. Obtaining evidence for an application. Critical analysis of evidence. Undertakings to the court by client and solicitor. The duty of full and frank disclosure. Costs applications. Post order matters.

3.5 Costs only procedures. Application for assessment of costs in a case where no court proceedings have been issued.

3.6 Service out of the jurisdiction. Selection and application of procedures applying to Convention and non-Convention countries.

3.7 Application for security for costs. The law and procedure involved in such an application (including Human Rights legislation).

3.8 Obtaining payment of commercial debts. Relevant aspects of the law and procedure of insolvency, particularly the use and abuse of statutory demands and commencing insolvency proceedings. Appropriate pre-action enquiries. Entitlement to and calculation of pre and post judgment interest. Implementing suitable court procedures to obtain judgment and to enforce payment.

3.9 Effective use of information technology in the context of commercial litigation. Developing familiarity with and confident use of commercial forms and other commercial software packages and information available on the Ministry of Justice and Court Service web sites.

4. Teaching & learning methods:

    - case studies and short factual scenarios in the context of which students critically evaluate and apply relevant legal, procedural and commercial criteria;

    - Individual, group work and role-play exercises;

    - Video demonstration;

    - Individual and small group presentations;

    - preparing written advice or research notes for (notional) ‘colleagues’ within an office environment;

    - preparing notes of advice to (notional) clients;

    - drafting relevant court documentation and the completion of relevant forms.

5. Indicative sources:

    - a Commercial Litigation and Dispute Resolution manual written by the course tutors and specifically tailored to the course;

    - 'Civil Procedure' published by Thompson Sweet & Maxwell ('The White Book');

    - The Civil Procedure Rules (CPR), Practice Directions and Protocols, available on line via the Department of Constitutional Affairs' web site;

    - Prescribed court forms available on line via the Ministry of Justice and the Court Service web sites;

    - Relevant case law available in hard copy published law reports and on line via various packages.

6. Assessment Infrastructure:

One 3-hour unseen, open book examination (with an additional 30 minutes of reading time). Students may also be provided with 'Advance Facts' a few days before the examination.

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date ........ February 2004

(Associate Dean, Faculty of Law)

Back to top