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CIVIL LITIGATION AND DISPUTE RESOLUTION (Corporate) RESOURCE PACK Objectives: You should regard this pack as a tool to help you understand the CPR in context and to start drafting the legal documents covered by it. You are encouraged to add your own precedents as you collect these and to file your case papers for the 2 case studies in the sections provided. This pack contains details of both the CPR and some of the documents that are drafted by solicitors during the different stages of Civil Litigation together with a quick guide to online litigation resources. On a document by document basis the pack considers the relevant requirements imposed by the CPR and, where appropriate, provides a simple outline.

Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland

1112_a_corp_civ_resopack_ce01_(7649)

© The College of Law 2011-2012

Contents:
SECTION A B CONTENT A QUICK GUIDE TO LITIGATION RESOURCES PRE ACTION ISSUES 1. CPR RULES a) Part 1 2. SKELETON STRUCTURES AND CHECKLISTS a) Initial Letter of Advice to the client C COMMENCING PROCEEDINGS AND STATEMENTS OF CASE 1. CPR RULES a) PD 5A b) Part 6 and PD 6A c) Part 7 and PD 7A d) Part 12 and PD 12 e) Part 15 and PD 15 f) Part 16 and PD 16 g) Part 17 and PD 17 h) Part 18 and PD 18 i) Part 20 j) Part 22 and PD 22 2. SKELETON STRUCTURES AND CHECKLISTS a) Statements of case - checklists b) Statements of truth – how to draft D ALLOCATION, CASE MANAGEMENT, DIRECTIONS AND EVIDENCE 1. CPR RULES a) Part 29 and PD 29 b) Part 31 and PD 31A c) Part 32 and PD 32 d) Part 35 and PD 35 e) Protocol for Instructing Experts E TRIAL, COSTS AND ENFORCEMENT 1. CPR RULES a) Part 44 b) Part 45.1 to 45.6 203-214 215-221 119-132 133-144 145-166 167-176 177-202 11-18 19-50 51-60 61-70 71-76 77-88 89-92 93-98 99-104 105-112 113-116 117 7-8 9-10 PAGES 5-6

© The College of Law 2011-2012

1112_a_corp_civ_resopack_ce01_(7649)

F

SETTLEMENT 1. CPR RULES a) Part 36 2. STRUCTURES AND CHECKLISTS a) Preparing to Negotiate 222-233 234-235

G

INTERIM APPLICATIONS 1. CPR RULES a) Part 13 b) Part 24 and PD 24 c) Part 25 236-237 238-245 246-253

H I

Precedent documentation Case files

1112_a_corp_civ_resopack_ce01_(7649)

© The College of Law 2011-2012

© The College of Law 2011-2012

1112_a_corp_civ_resopack_ce01_(7649)

SECTION A: A quick guide to litigation resources The ability to find the relevant provisions of the CPR, Court forms, and case law is a key skill of the litigation lawyer. Some of the preparatory tasks in your civil litigation course will test this skill. The College’s knowledge services and library staff provide guides to all of the major databases to which the College subscribes. For your litigation course you are likely to find the following databases useful. You will see that in many cases the same type of information eg court forms can be accessed from a range of different sources. The Court service website (www.hmcourts-service.gov.uk) Provides access to court forms, fees and a range of explanatory leaflets explaining different aspects of court procedure. Lawtel (access via ELITE) Provides access to recently reported judgments.

SECTION A

Lexis/Nexis (access via ELITE) Provides access to a wide range of reported cases, statutes and statutory instruments. The Ministry of Justice website (www.justice.gov.uk) Provides access to the CPR.

PLC Dispute Resolution This is an innovative web-based legal information service that provides up-to-date and practical guidance on litigation, arbitration and alternative dispute resolution. It covers all forms of disputes from relatively straightforward litigation to complex multijurisdiction arbitrations. It contains links to the court rules and forms and a weekly email update on developments in civil procedure and arbitration. The service is designed and written by Practical Law Company's team of ten dispute resolution specialists recruited from...
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