Unit 1: Civil Dispute Resolution Student guide

What is Civil Dispute Resolution (CDR)?

The process of resolving legal disputes between individuals, businesses, or organisations.

What is the difference between civil law and criminal law?

Civil law resolves private disputes; criminal law involves offences against the state.

What is the purpose of the Civil Procedure Rules (CPR)?

To ensure civil cases are dealt with justly and at proportionate cost.

What is the Overriding Objective under CPR 1.1?

To deal with cases justly and at proportionate cost.

Why is litigation considered a last resort?

It is expensive, time-consuming, stressful, and uncertain.

What is case analysis?

Systematic examination of facts, evidence, and risks to determine strategy.

Why is case analysis important?

It identifies legal claims, evidence needs, weaknesses, cost risks, and resolution methods.

Is case analysis a one-time process?

No, it is continuous as new evidence and arguments emerge.

What questions should a solicitor ask during case analysis?

What happened? What law applies? What evidence exists? Is litigation worthwhile?

What is a cause of action?

The legal basis that allows a claimant to bring a claim.

What is the overall roadmap of a civil claim?

Pre-action, commencement, defence, allocation, case management, trial prep, trial, enforcement.

Why is the pre-action stage important?

It allows parties to investigate, exchange information, and attempt settlement.

What happens during the pre-action stage?

Parties investigate, gather evidence, send letters before action, and attempt settlement.

What are the key pre-action considerations?

Client objectives, funding, jurisdiction, limitation, ADR, and Pre-Action Protocols.

What is the Practice Direction on Pre-Action Conduct and Protocols?

Rules requiring parties to exchange information and consider settlement before litigation.

What happens if a party fails to follow Pre-Action Protocols?

The court may impose consequences, including costs sanctions.

What are Pre-Action Protocols?

Specific procedures explaining steps parties should take before issuing proceedings.

What are the main forms of Alternative Dispute Resolution (ADR)?

Negotiation, mediation, arbitration, expert determination, and early neutral evaluation.

What is negotiation?

Direct or lawyer-led communication to settle without a third-party decision maker.

What is mediation?

A confidential process where a neutral third party helps parties reach agreement.

What are the advantages of mediation?

It is quicker, cheaper, confidential, flexible, and preserves relationships.

What are the disadvantages of mediation?

It is voluntary and does not guarantee a settlement.

What is arbitration?

A private process where an arbitrator makes a binding decision.

What is expert determination?

A process where an expert decides a specialist technical issue.

What are the four civil litigation tracks?

Small Claims Track, Fast Track, Intermediate Track, and Multi-Track.

Explain the Small Claims Track.

For simple, lower-value disputes with informal hearings and limited costs recovery.

What is the usual financial limit for the Small Claims Track?

Usually claims up to £10,000.

Explain the Fast Track.

For straightforward cases valued between £10,000 and £25,000.

Do fixed recoverable costs apply to the Fast Track?

Yes, to many cases under the applicable rules, but not automatically all.

Explain the Intermediate Track.

For cases valued between £25,000 and £100,000 that are moderately complex.

Explain the Multi-Track.

For complex or high-value claims requiring active judicial case management.

How does the court decide allocation?

Based on value, complexity, parties, evidence, and resources needed.

What is a Case Management Conference (CMC)?

A hearing where the court sets directions, deadlines, and manages costs.

What is limitation?

Legal time limits within which claims must be brought.

Why is limitation important?

Bringing a claim too late usually bars enforcement of legal rights.

What is jurisdiction?

Whether a court has authority to hear a particular dispute.

Why must the correct parties be identified?

To avoid issues with service, liability, and enforcement.

What is liability?

Whether the defendant is legally responsible for the claimant's loss.

What is quantum?

The amount of damages or compensation being claimed.

What evidence is considered during case analysis?

Documents, witness evidence, expert reports, and other relevant material.

What is the burden of proof in civil cases?

The claimant bears the burden of proving their case.

What is the standard of proof in civil cases?

The balance of probabilities (more likely than not).

What is the difference between contract and tort?

Contract obligations arise from agreement; tort duties are imposed by law.

Anna car accident example: contract or tort?

Tort, because it is based on negligence with no pre-existing contract.

Brightsea shipping delay example: contract or tort?

Contract, as the dispute arises from a contractual agreement.

Emma faulty kettle example: contract or tort?

Both: consumer contract against the seller, negligence against the manufacturer.

What is the case analysis structure for Trends Guildshire v Yarn Mythshire?

Formation, terms, breach, consequences, loss, remoteness, and mitigation.

What is an express term?

A contractual term specifically agreed by the parties, verbally or in writing.

What is an implied term?

A term inserted into a contract by law, custom, or necessity.

What is breach of contract?

When a party fails to perform a contractual obligation.

What is the key authority for remoteness of contractual damages?

Hadley v Baxendale (1854).

What is the rule in Hadley v Baxendale?

Damages must arise naturally or be reasonably contemplated at contract formation.

What is mitigation of loss?

Taking reasonable steps to reduce losses; unmitigated losses are unrecoverable.

What is the Consumer Rights Act 2015 relevant to?

Consumer protection, ensuring goods are of satisfactory quality and fit description.