Legal Practice Course (LPC) Litigation and Dispute Resolution Syllabus

Litigation and Dispute Resolution syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Litigation and Dispute Resolution in Legal Practice Course (LPC), not a summary of it.

1. 1

   Civil Litigation: Foundations and Pre-Action

   5 topics

   • The Civil Procedure Rules and the overriding objective
   • Pre-action conduct and protocols
   • Funding options and costs information to the client
     • Conditional fee and damages-based agreements
     • After-the-event insurance and qualified one-way costs shifting
   • Limitation periods and their effect
   • Jurisdiction and the choice of court and track
2. 2

   Commencing and Defending a Claim

   5 topics

   • Issuing the claim form and particulars of claim
   • Service of proceedings within and outside the jurisdiction
   • Responding to a claim
     • Acknowledgment of service and admissions
     • Defence, set-off and counterclaim
   • Default judgment and summary judgment
   • Statements of case and amendments
3. 3

   Case Management and Interim Applications

   4 topics

   • Allocation, directions questionnaires and case management
     • Small claims, fast track, intermediate and multi-track
     • Costs and case management conferences
   • Interim applications and the application notice procedure
   • Interim remedies: injunctions, freezing and search orders
   • Security for costs and sanctions for non-compliance
4. 4

   Evidence and Trial Preparation

   4 topics

   • Disclosure and inspection of documents
     • Standard disclosure and the duty to search
     • Privilege: legal advice and litigation privilege
     • Electronic disclosure
   • Witness evidence and witness statements
   • Expert evidence and the single joint expert
   • Listing, trial bundles and the conduct of trial
5. 5

   Costs, Judgments and Enforcement

   4 topics

   • Part 36 offers and the costs consequences
   • Costs orders, assessment and budgeting
   • Appeals: permission and grounds
   • Methods of enforcing money judgments
     • Writ of control and charging orders
     • Third party debt orders and attachment of earnings
6. 6

   Criminal Litigation

   5 topics

   • Advising at the police station
     • PACE and the rights of the suspect in detention
     • Interview advice and the right to silence
   • Classification of offences and allocation
     • Summary, either-way and indictable offences
     • Plea before venue and allocation procedure
   • Bail and remand
   • Trial in the magistrates' court and the Crown Court
   • Sentencing principles and procedure
7. 7

   Alternative Dispute Resolution

   4 topics

   • The spectrum of ADR and the duty to consider it
   • Mediation: process, advantages and confidentiality
   • Arbitration and the Arbitration Act 1996
   • Negotiation and early neutral evaluation

Litigation and Dispute Resolution flashcards for Legal Practice Course (LPC)

23 of 73 cards from the Litigation and Dispute Resolution deck — real questions with worked answers.

1. What is the 'overriding objective' of the Civil Procedure Rules (CPR 1.1)?

   To enable the court to deal with cases justly and at proportionate cost. This includes ensuring parties are on an equal footing, saving expense, dealing with cases proportionately (to value, importance, complexity and financial position), ensuring expedition and fairness, allotting an appropriate share of court resources, and enforcing compliance with rules, practice directions and orders.

2. Under CPR 1.3, what duty do the parties owe in relation to the overriding objective?

   The parties are required to help the court to further the overriding objective. The court must also seek to give effect to it when exercising any power or interpreting any rule (CPR 1.2).

3. What is the purpose of pre-action protocols, and what are the consequences of non-compliance?

   They set out conduct the court expects before proceedings, encouraging early exchange of information and settlement to avoid litigation. Non-compliance can lead to costs sanctions (e.g. an adverse costs order or costs on the indemnity basis), interest penalties, or a stay of proceedings to allow compliance.

4. List the main steps required by the Practice Direction on Pre-Action Conduct where no specific protocol applies.

   The claimant sends a letter before claim setting out the basis of the claim, key facts, what is wanted and a response deadline; the defendant responds (typically within a reasonable time, often up to 3 months for complex cases); the parties disclose key documents, consider ADR, and try to narrow the issues and settle.

5. Compare the main civil litigation funding options available to a client.

   Private retainer (client pays the firm's fees directly); Conditional Fee Agreement (CFA - 'no win no fee' with a success fee, capped, payable by the client from damages); Damages-Based Agreement (DBA - fee is a percentage of damages recovered); Before-the-Event (BTE) and After-the-Event (ATE) insurance; trade union or third-party funding; and legal aid (very limited in civil matters).

6. What costs information must a solicitor give the client at the outset under professional conduct rules?

   The best possible information about the likely overall cost, including the basis of charging, fees and disbursements, whether costs are fixed or estimated, the risk of paying the opponent's costs, available funding options, and the client's potential liability. The client must be kept updated as the matter progresses.

7. State the standard limitation period for an action in contract and in tort (other than personal injury).

   6 years from the date the cause of action accrued (Limitation Act 1980, ss.2 and 5). In contract this is the date of breach; in tort (e.g. negligence causing property damage) it is the date the damage is suffered.

8. What is the limitation period for personal injury claims, and when can it be extended?

   3 years from the date the cause of action accrued or the claimant's date of knowledge, whichever is later (Limitation Act 1980, s.11). The court has a discretion under s.33 to disapply this limit where it is equitable to allow the claim to proceed.

9. What is the effect of the expiry of a limitation period?

   It does not extinguish the right but bars the remedy: the defendant gains a complete procedural defence which must be pleaded. If not raised, the claim can still proceed. (Exception: under the Latent Damage Act 1986, title to converted goods can be extinguished.)

10. What is the 'long-stop' limitation period for latent damage negligence claims (not personal injury)?

    Under the Latent Damage Act 1986, the period is 6 years from accrual, or 3 years from the date of knowledge if later, subject to a 15-year long-stop running from the date of the negligent act or omission, after which no claim can be brought.

11. How do you decide whether a money claim should be started in the County Court or the High Court?

    Most money claims start in the County Court. Proceedings may only be started in the High Court if the value exceeds £100,000 (or £50,000 for personal injury), or the case involves complexity, importance or a specialist area justifying High Court trial. Pure debt claims and lower-value claims must go to the County Court.

12. Name the three (now four) case management tracks and their financial thresholds.

    Small claims track: up to £10,000 (£1,000 for personal injury/housing disrepair). Fast track: £10,000-£25,000, trial of no more than one day. Intermediate track: £25,000-£100,000, less complex claims (introduced 2023). Multi-track: over £100,000, or complex cases above the intermediate threshold.

13. How are court proceedings formally started, and on what date is a claim 'brought'?

    Proceedings are started when the court issues a claim form at the claimant's request (CPR 7.2). For limitation purposes the claim is 'brought' on the earlier date the claim form is received by the court, evidenced by the date stamp (Practice Direction 7A).

14. What must particulars of claim contain, and when must they be served?

    A concise statement of the facts relied on, the remedy sought, any interest claimed (with calculation), and any required specific matters. They must be verified by a statement of truth and served with the claim form or within 14 days after service of the claim form (and within 4 months of issue).

15. For how long is a claim form valid for service within the jurisdiction, and what is the time limit for service?

    A claim form is valid for 4 months from the date of issue (6 months if it is to be served out of the jurisdiction). It must be served within that period; extensions are only granted in limited circumstances under CPR 7.6.

16. List the permitted methods of serving a claim form within the jurisdiction under CPR 6.

    Personal service; first-class post (or DX); leaving the document at a specified place; fax or other electronic means (only where the recipient has indicated willingness in writing); and through a document exchange. Service on a solicitor authorised to accept service is also valid.

17. State the 'deemed service' rule for a claim form served by first-class post.

    A claim form is deemed served on the second business day after completion of the relevant step (e.g. posting), under CPR 6.14, regardless of when it is actually received.

18. On what bases may a claimant serve proceedings outside the jurisdiction without the court's permission?

    Where the court has jurisdiction under a relevant statutory scheme or contractual jurisdiction clause (CPR 6.32-6.33), e.g. an English exclusive jurisdiction clause. Otherwise the claimant must obtain the court's permission under CPR 6.36, showing a good arguable case that a 'jurisdictional gateway' in PD 6B applies, that there is a serious issue to be tried, and that England is the proper forum (forum conveniens).

19. What are a defendant's options for responding to a claim, and what are the time limits?

    File an acknowledgment of service and/or a defence within 14 days of service of the particulars of claim; admit the claim; or, if an acknowledgment of service is filed, the period to file a defence is extended to 28 days from service of the particulars. Parties may agree a further extension of up to 28 days (notifying the court).

20. When is a claimant entitled to enter default judgment?

    Where the defendant has failed to file an acknowledgment of service or a defence within the relevant time limit (CPR 12). It is not available for certain claims (e.g. Part 8 claims). The amount may be entered for a specified sum, or judgment for an amount to be decided by the court.

21. On what grounds may a default judgment be set aside?

    It must be set aside if wrongly entered (mandatory, CPR 13.2). The court may set it aside (discretionary, CPR 13.3) if the defendant has a real prospect of successfully defending the claim, or there is some other good reason; the court considers whether the application was made promptly.

22. What is the test for summary judgment under CPR Part 24?

    The court may give summary judgment against a claimant or defendant if that party has no real prospect of succeeding on/successfully defending the claim or issue, and there is no other compelling reason why the case should be disposed of at trial. 'Real' means more than fanciful (Swain v Hillman).

23. Distinguish default judgment from summary judgment.

    Default judgment is entered administratively because the defendant failed to respond in time (no consideration of merits). Summary judgment is a judicial determination on the merits that a claim or defence has no real prospect of success; it may be sought by either party after a response has been filed.

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