Solicitors Qualifying Examination (SQE) Dispute Resolution (FLK1) Syllabus

Dispute Resolution (FLK1) syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Dispute Resolution (FLK1) in Solicitors Qualifying Examination (SQE), not a summary of it.

1. 1

   Analysing a Civil Claim and Pre-Action Conduct

   4 topics

   • Causes of action and viability
     • Identifying the cause of action and remedies
     • Limitation periods under the Limitation Act 1980
     • Assessing merits and proportionality of pursuing a claim
   • Pre-action protocols and conduct
     • Practice Direction on Pre-Action Conduct
     • Specific protocols and letters before claim
     • Consequences of non-compliance
   • Jurisdiction and choice of court
     • County Court versus High Court allocation
     • Specialist courts and divisions
   • Funding and costs at the outset
     • Conditional and damages-based agreements
     • Costs budgeting and proportionality
2. 2

   Commencing and Defending Proceedings

   4 topics

   • Issuing a claim
     • Claim form and particulars of claim
     • Service of documents within and outside the jurisdiction
     • Calculating deadlines and deemed service
   • Responding to a claim
     • Acknowledgment of service and admissions
     • Defence and counterclaim
     • Default judgment and setting aside
   • Statements of case and amendments
     • Drafting requirements and statements of truth
     • Requests for further information
     • Amending statements of case
   • Adding, removing and substituting parties
     • Joinder and consolidation
     • Part 20 claims
3. 3

   Case Management, Interim Applications and Evidence

   4 topics

   • Track allocation and case management
     • Small claims, fast, intermediate and multi-track
     • Directions questionnaires and timetabling
     • The overriding objective
   • Interim applications
     • Procedure for making applications
     • Summary judgment and strike out
     • Interim payments and injunctions
     • Security for costs
   • Disclosure and inspection
     • Standard disclosure and the duty to search
     • Privilege: legal advice and litigation
     • Electronic disclosure
   • Evidence at trial
     • Witness statements and hearsay
     • Expert evidence and the single joint expert
     • Burden and standard of proof
4. 4

   Trial, Costs, Enforcement and ADR

   5 topics

   • Trial and judgment
     • Trial preparation and the trial bundle
     • Conduct of the trial
     • Judgment and remedies
   • Costs orders and assessment
     • General rule that costs follow the event
     • Standard and indemnity basis
     • Part 36 offers and consequences
   • Appeals
     • Permission to appeal and grounds
     • Routes of appeal
   • Enforcement of judgments
     • Methods: writs, charging orders, third party debt orders
     • Attachment of earnings
   • Alternative dispute resolution and arbitration
     • Mediation and negotiation
     • Arbitration overview and enforcement of awards

Dispute Resolution (FLK1) flashcards for Solicitors Qualifying Examination (SQE)

25 of 52 cards from the Dispute Resolution (FLK1) deck — real questions with worked answers.

1. What is a 'cause of action' in civil litigation?

   A factual situation that gives a claimant the legal right to a remedy against a defendant (e.g. breach of contract, negligence). Each cause of action has its own elements that must be pleaded and proved, and its own limitation period.

2. What are the standard limitation periods for (a) breach of contract, (b) tort (general), and (c) personal injury claims?

   (a) Contract: 6 years from breach. (b) Tort (general, e.g. property damage): 6 years from when damage accrues. (c) Personal injury: 3 years from the later of the date of injury or the claimant's date of knowledge.

3. Under the latent damage rules (s14A/14B Limitation Act 1980), what alternative limitation periods apply to negligence claims (other than personal injury)?

   Either 6 years from accrual, or 3 years from the date of knowledge of the material facts about the damage, subject to a 15-year long-stop from the negligent act or omission (s14B).

4. What factors must a solicitor assess when advising on the 'viability' of a claim before issuing?

   The merits (liability and causation), quantum of likely recovery, limitation, the defendant's ability to pay (solvency/enforceability), available evidence, proportionality of costs to value, and prospects of settlement.

5. 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 — including ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, expeditiously and fairly, allotting an appropriate share of court resources, and enforcing compliance with rules, practice directions and orders.

6. What is the purpose of a pre-action protocol, and what is required where no specific protocol applies?

   To encourage early exchange of information, promote settlement, and avoid litigation. Where no specific protocol applies, parties must follow the Practice Direction on Pre-Action Conduct and Conduct — exchanging sufficient information (a letter of claim and a response) and considering ADR.

7. What sanctions can a court impose for unreasonable non-compliance with a pre-action protocol?

   Costs sanctions (e.g. depriving a successful party of costs, or ordering indemnity costs), interest penalties (increasing or reducing interest by up to 10% above base rate), and a stay of proceedings to allow compliance.

8. Under the Pre-Action Protocol for Debt Claims, how long does a debtor have to respond to a Letter of Claim?

   30 days from the date of the letter to respond using the Reply Form before proceedings may be started.

9. In which court must a claim be started, and what is the financial threshold for issuing in the High Court (non-PI)?

   Most money claims may be started in the County Court. A claim may be started in the High Court only if its value exceeds £100,000 (or £50,000 for personal injury claims). Lower-value claims must be issued in the County Court.

10. What are the three divisions of the High Court and the typical work of each?

    King's Bench Division (contract, tort, larger/complex commercial and PI claims); Chancery Division (business, property, trusts, IP, insolvency); Family Division (matrimonial and family matters).

11. What is a Part 36 offer and what makes it distinct from an ordinary offer to settle?

    A Part 36 offer is a formal written settlement offer complying with CPR 36 that carries automatic, prescribed costs consequences if not accepted and the offeror does better at trial. It must state it is made under Part 36, specify a relevant period of at least 21 days, and state whether it relates to the whole claim or part.

12. What costs consequences follow if a claimant fails to beat a defendant's Part 36 offer at trial?

    The claimant is normally ordered to pay the defendant's costs from the end of the relevant period (on the standard basis), plus interest on those costs — even though the claimant 'won' the claim.

13. What enhanced consequences follow if a defendant fails to beat a claimant's own Part 36 offer at trial (claimant does as well or better)?

    The claimant is normally awarded: indemnity-basis costs from the end of the relevant period; enhanced interest of up to 10% above base on damages and costs; and an additional amount of 10% of damages up to £500,000 plus 5% of any amount above that, capped at £75,000.

14. What are the main methods of funding civil litigation a solicitor must advise a client on at the outset?

    Private retainer (paying privately/hourly), conditional fee agreement (CFA, 'no win no fee'), damages-based agreement (DBA), before-the-event (BTE) insurance, after-the-event (ATE) insurance, third-party funding, and trade union or legal aid funding (limited in civil).

15. In a CFA, what is the 'success fee' and is it recoverable from the losing party?

    An uplift on the solicitor's base costs (max 100%) payable if the case is won. Since LASPO 2012, the success fee is generally NOT recoverable from the losing opponent and is paid by the client out of damages (in PI, capped at 25% of certain damages).

16. What is the structure of a claim form (Part 7) and the basic court fee structure for money claims?

    The claim form (N1) names the parties, states the value/remedy sought, and includes or is accompanied by particulars of claim. Issue fees are scaled to the amount claimed (e.g. up to 5% of the claim value for larger claims, subject to a maximum cap).

17. When is a claim 'brought' for limitation purposes, and what is the effect on the claim form's validity?

    A claim is 'brought' when the court receives the claim form (issued), not when served — so issuing before limitation expires stops the clock. The issued claim form is then valid for service for 4 months (6 months if served out of the jurisdiction).

18. What are the permitted methods of service of a claim form within the jurisdiction under CPR 6?

    Personal service; first-class post/DX; leaving the document at a specified place; fax or other electronic means (only where the party has indicated willingness); and any method authorised by the court. Service must be at the defendant's address for service or last known address.

19. What are the 'deemed service' dates for a claim form served by (a) first-class post and (b) personal service?

    For a claim form, deemed service is the second business day after completing the relevant step (e.g. posting), regardless of the actual method. (Note: other documents use day-specific deemed-service rules under CPR 6.26.)

20. After a claim form and particulars are served, what are a defendant's three options and the time limits?

    Within 14 days of service of the particulars of claim, the defendant must either: (1) file a defence; (2) file an acknowledgment of service (which extends the time to file a defence to 28 days from service of particulars); or (3) admit the claim. Failure may lead to default judgment.

21. What is default judgment and when can a claimant obtain it?

    Judgment without a trial under CPR 12, obtainable where the defendant has failed to file an acknowledgment of service or a defence within the relevant time limit. For specified sums it can be requested administratively; otherwise it may require a court hearing on quantum.

22. On what grounds may a default judgment be set aside under CPR 13?

    It MUST be set aside if wrongly entered (e.g. time had not expired). It MAY be set aside if the defendant has a real prospect of successfully defending the claim, or there is some other good reason — and the application is made promptly.

23. What must particulars of claim contain (CPR 16.4)?

    A concise statement of the facts relied on; details of any interest claimed (and the basis/rate); and any specific matters such as fraud, misrepresentation, or aggravated/exemplary damages. They must be verified by a statement of truth.

24. What three things must a defence do in response to each allegation (CPR 16.5)?

    For each allegation the defendant must state whether it is (1) admitted, (2) denied (with reasons and the defendant's own version), or (3) not admitted (requiring the claimant to prove it). Allegations not dealt with are deemed admitted (subject to a general denial of quantum).

25. What is a Part 20 claim and give two examples?

    An 'additional claim' under CPR 20 — a claim other than the claimant's claim against the defendant. Examples: a counterclaim by the defendant against the claimant; a claim by the defendant against a third party for a contribution or indemnity (Part 20 defendant).

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