- Intermediate/Introductory *12 hours CPD
This is a structured two day course designed for those practitioners wishing to gain a good practical grounding in this field. It is suitable for Trainees, Newly Qualified solicitors and paralegals who have had little or no grounding at the academic stage, for those returning after a career break and those wishing to change specialisms.
Preliminary matters
- Information required from and to be given to the client
- Costs considerations
- Is the claim/defence worth pursuing?
- Limitation
Can the case be settled
- Pre-action protocols
- Negotiations and tactics
- Without prejudice, without prejudice save as to costs and open communications
- Part 36
Preparing for litigation
- Pre-action disclosure
- Obtaining information from third parties
- Preserving evidence
- Pre-action interim remedies
Starting proceedings
- Drafting statements of case
- Technical requirements and structure
- Are they full enough? Requests for further information
- Issuing the claim and service rules
Case management
- Allocation and directions
- The court's powers to strike out and impose sanctions
- Dealing with vexatious applications
Early judgment
- Summary judgment
- When does it interact with strike out?
- Default judgment
Witness statements
- Preparing witness statements
- The use of witness statements at interim hearings and at trial
- The use of witness summaries
- Hearsay evidence
Experts
- Single joint and separately instructed experts - the practical implications
- Instructing the expert
- Without prejudice meetings
- What is the other side entitled to see?
Disclosure
- What needs to be disclosed?
- Available objections
- Privilege claims
Preparing for trial and procedure
- The pre-trial checklist
- The court's powers to control evidence
- Trial bundles
- Getting the case to court