Table Of ContentEssential Dispute
Resolution for SQE1
Essential Dispute Resolution for SQE1 explains the key principles of dispute resolution
in a clear, easy-to-follow style. Principles are introduced and illustrated with reference
to realistic examples, commonly used court forms, and tables. The book provides an
overview of three processes for resolving civil disputes, forming part of the dispute
resolution continuum, followed by a fluent narrative account of key principles of civil
procedure. The guide also includes a range of supporting features:
● Chapter overviews
● Revision points: each chapter concludes with a concise list of key revision points
● Multiple-choice questions: each section of the book provides multiple-choice
questions following the SQE1 question format (with answers to enable you to
test your knowledge)
In a series of books aimed at those preparing for SQE1, this concise and accessible
text provides a clear understanding of the dispute resolution element of SQE1 in
relation to contract and tort. An invaluable resource for any SQE candidate wishing
to develop the assessment skills needed to pass the exam.
Ben Waters is a Principal Lecturer at Canterbury Christ Church University; he is also
a qualified solicitor (non-practising) and an accredited mediator. Ben has a particu-
lar interest in dispute resolution and specifically mediation, areas in which he has
active teaching, scholarly, and research interests.
Essential Law for SQE1
Series editor: Wendy Laws
Essential Law for SQE1 is a series of concise textbooks aligned to the latest SQE1
curriculum. Providing candidates with an accessible summary of the core principles in
each area of law, the style of each book is precise, with bullet-point lists summarizing
key information and revision points concluding each chapter. The books also feature
multiple choice questions with answers, example problem questions and a glossary
of key cases.
For more information about this series, please visit: www .routledge .com/
Essential Tort Law for SQE1
Wendy Laws
Essential Dispute Resolution for SQE1
Ben Waters
Essential Dispute
Resolution for SQE1
Ben Waters
Designed cover image: amtitus / Getty Images
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2023 Ben Waters
The right of Ben Waters to be identified as author of this work has been
asserted in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in writing from
the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
ISBN: 978-1-032-11122-3 (hbk)
ISBN: 978-1-032-11117-9 (pbk)
ISBN: 978-1-003-21850-0 (ebk)
DOI: 10.4324/9781003218500
Typeset in The Sans
by Deanta Global Publishing Services, Chennai, India
Contents
List of figures xi
List of tables xiii
Introduction xv
Part 1: Different options for dispute resolution 1
1 Introduction: Arbitration, mediation, and litigation as appropriate
mechanisms to resolve a civil dispute 3
1.1 Chapter overview 3
1.2 Introduction: the dispute resolution continuum 3
1.3 Arbitration 4
1.4 Mediation 7
1.5 Litigation 10
Chapter 1 revision points 18
Multiple-choice question for Part 1 20
Part 2: Pre-action considerations and steps 21
2 Resolving a dispute through a civil claim: Preliminary
considerations: limitation, pre-action protocols 23
2.1 Chapter overview 23
2.2 Introduction: pre-action considerations 23
2.3 Parties and causes of action 25
2.4 Calculating limitation periods for claims in contract and tort 27
2.5 Practice Direction – pre-action conduct 28
2.6 Principles and purpose of pre-action protocols governing
particular claims and consequences for failure to follow terms 28
2.7 Applicable law: mechanisms to determine which country’s
laws apply to a contractual or tortious claim issued in the
courts of England and Wales 30
2.8 Funding litigation 32
2.9 Basic charging agreements 33
2.10 Conditional fee agreements (CFAs) 33
2.11 Legal expenses insurance 34
vi Contents
2.12 Contingency fees or damages-based agreement 34
2.13 Third-party funding 35
2.14 Public funding 35
Chapter 2 revision points 35
Multiple-choice questions for Part 2 37
Part 3: Commencing, responding to, or progressing a claim 39
3 Where to start proceedings 41
3.1 Chapter overview 41
3.2 Introduction: choice of court 41
3.3 Allocation of business between the High Court and the
County Court 41
3.4 Jurisdiction of the specialist courts 44
3.5 The specialist courts 44
Chapter 3 revision points 46
4 Issuing and serving proceedings 47
4.1 Chapter overview 47
4.2 Introduction: issuing and serving proceedings 47
4.3 Issuing a claim form 47
4.4 Adding or substituting parties 55
4.5 Service of the claim form within the jurisdiction – methods
of service 56
4.6 Procedure for service of a claim form outside the jurisdiction
(with or without the court’s permission) and mechanisms for
effecting valid service in another jurisdiction 58
4.7 Deemed dates of service and time limits for serving proceedings 59
4.8 Extending time for service of the claim form 60
Chapter 4 revision points 60
5 Responding to a claim 61
5.1 Chapter overview 61
5.2 Introduction: responding to a claim 61
5.3 Time limits for responding to a claim 62
5.4 Admitting the claim 65
5.5 Acknowledging service and filing a defence and/or counterclaim 66
5.6 Disputing the court’s jurisdiction 68
5.7 Entering judgment in default 68
5.8 Discontinuance and settlement 71
5.9 Case management and ADR 78
5.10 Discontinuance and abandonment 81
Chapter 5 revision points 82
Multiple-choice questions for Part 3 83
Contents vii
Part 4: Case management and any interim applications relevant to a claim 87
6 Case management 89
6.1 Chapter overview 89
6.2 Introduction: case management 89
6.3 Case management and the overriding objective 90
6.4 Track allocation 91
6.5 Allocation to track and case management directions 101
6.6 The case management conference and costs 106
6.7 Non-compliance with orders, sanctions, and relief 109
Chapter 6 revision points 114
7 Interim applications 115
7.1 Chapter overview 115
7.2 Introduction: interim applications 115
7.3 Procedure for making an application 115
7.4 Purpose, procedure, and evidence required for particular
applications 121
7.5 Interim costs generally 129
Chapter 7 revision points 131
Multiple-choice questions for Part 4 132
Part 5: The evidence needed and disclosure steps required in
commencing, responding to, progressing, or defending a claim 133
8 Evidence 135
8.1 Chapter overview 135
8.2 Introduction: evidence 135
8.3 Relevance, hearsay, and admissibility 136
8.4 The burden and standard of proof 138
8.5 Opinion evidence 139
8.6 Expert evidence 139
8.7 Witness evidence 145
Chapter 8 revision points 151
9 Disclosure and inspection 153
9.1 Chapter overview 153
9.2 Introduction: disclosure and inspection 153
9.3 The disclosure report 154
9.4 Electronic disclosure 156
9.5 Standard disclosure 157
9.6 Privilege and without prejudice communications 163
9.7 Orders for specific disclosure 165
9.8 Pre-action and non-party disclosure 166
Chapter 9 revision points 167
Multiple-choice questions for Part 5 169
viii Contents
Part 6: Preparation of a case for a trial, the trial, and any post-trial steps 171
10 Trial 173
10.1 Chapter overview 173
10.2 Introduction: preparing a case for trial 173
10.3 Pre-trial checklists and listing 173
10.4 Summoning witnesses 180
10.5 Trial bundles 186
10.6 Trial procedure 188
10.7 The nature and effect of judgment 192
Chapter 10 revision points 194
11 Appeals 195
11.1 Chapter overview 195
11.2 Introduction: appeals 195
11.3 Permission 195
11.4 Procedure for an appeal 196
11.5 Destination of appeals 201
11.6 Grounds for appeals 202
11.7 Appealing to the Court of Appeal: special provisions 203
Chapter 11 revision points 204
12 Enforcement 205
12.1 Chapter overview 205
12.2 Introduction: enforcement 205
12.3 Obtaining information from the judgment debtor 206
12.4 Interest on judgment debts 208
12.5 Methods of enforcement 208
12.6 Enforcement of foreign judgments 216
Chapter 12 revision points 218
Multiple-choice questions for Part 6 219
Part 7: Procedures and processes relevant to costs involved in dispute
resolution 221
13 Costs 223
13.1 Chapter overview 223
13.2 Introduction: costs 223
13.3 Costs management and budgeting 225
13.4 Basis of assessment 229
13.5 Inter-partes costs orders (interim and final) 230
13.6 Non-party costs 231
13.7 Qualified one-way costs shifting 231
13.8 Part 36 and other offers 232
13.9 Security for costs 235
Contents ix
13.10 Fixed and assessed costs 237
Chapter 13 revision points 237
Multiple-choice questions for Part 7 239
14 Answers to multiple-choice questions 241
14.1 Chapter overview 241
14.2 Part 1: Different options for dispute resolution 241
14.3 Part 2: Pre-action considerations and steps 242
14.4 Part 3: Commencing, responding to, or progressing a claim 243
14.5 Part 4: Case management and any interim applications
relevant to a claim 245
14.6 Part 5: The evidence needed and disclosure steps required in
commencing, responding to, progressing, or defending
a claim 246
14.7 Part 6: Preparation of a case for a trial, the trial, and any post-
trial steps 247
14.8 Part 7: Procedures and processes relevant to costs involved in
dispute resolution 249
Index 251
